Common use of Hold Harmless Clause in Contracts

Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 18 contracts

Samples: Triple Net Office Lease Agreement, Triple Net Office Lease Agreement (Franklin Financial Network Inc.), Triple Net Office Lease Agreement (Franklin Financial Network Inc.)

AutoNDA by SimpleDocs

Hold Harmless. a. Landlord shall not PARTNER agrees to and does hereby indemnify, hold harmless and defend the DISTRICT and its governing board, officers, employees and agents from every claim or demand made and every cost, liability, loss, damage or expense, of any nature whatsoever, which may be liable incurred by reason of, or which may be directly or indirectly related to: (a) Liability for damages for: (1) death or bodily injury to Tenantperson; (2) injury to, its agents, servants, employees, contractors, customers loss or invitees for any damage to person theft of property; or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by (3) any other indemnity in this Leaseloss, but rather in confirmation and furtherance thereofdamage or expense arising out of (1) or (2) above, Tenant agrees to indemnifysustained by the PARTNER or any person, defend firm or corporation employed by counsel reasonably acceptable to Landlord and hold Landlord harmless ofthe PARTNER, from and against any and all losseseither directly or by independent contract, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) upon or in connection with the services called for in this AGREEMENT, however caused, except for liability for damages referred to above which result from the active negligence, sole negligence, or willful misconduct of the DISTRICT or its officers, employees or agents. (b) Any injury to or death of any person person(s), including the DISTRICT’s officers, employees and agents, or damage to or theft, loss or loss of the use of any property occurring in caused by any actual or about the Premises arising from Tenant’s occupancy alleged act, neglect, default, or omission of the PremisesPARTNER, or any person, firm or corporation employed by the conduct of its business PARTNER, either directly or from any activityby independent contract, workarising out of, or thing donein any way connected with, permitted the services covered by this AGREEMENT, whether said injury or suffered by Tenant in damage occurs either on or about off DISTRICT’s property, except for injury/death or damage/loss which result from the Premisesactive negligence, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission sole negligence or willful misconduct of Tenant the DISTRICT or any of its officers, employees or agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers (c) Any liability for damages which may arise from the furnishing or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in copyrighted or about uncopyrighted matter or patented or unpatented invention under this AGREEMENT, except for damages which result from the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseactive negligence, or due to any other grossly negligent act or omission sole negligence or willful misconduct of Landlord the DISTRICT or its officers, employees or agents. (d) The performance of this AGREEMENT or the Scope of Services by PARTNER, or anyone working under or for the PARTNER, except unless caused by the active negligence, sole negligence or willful misconduct of the DISTRICT or its officers, employees or agents. Where the DISTRICT or its officers, employees or agents are held to be only partially negligent or partially liable based on willful misconduct, the Parties shall be responsible and liable under this Section on a comparative basis. The PARTNER’S obligations under this Section shall not be deemed to be: (i) conditioned upon, or in any manner limited by, the any insurance coverage maintained by a Party or other person or entity; or (ii) conditioned upon the receipt by any person or entity of, or limited to the amount of, any insurance proceeds. For all acts, omissions, or incidents occurring before the termination or expiration of its agents or employeesthis AGREEMENT, the PARTNER’S obligations under this Section shall survive termination/expiration of this AGREEMENT, regardless of whether the PARTNER has then completed the Scope of Work.

Appears in 9 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding

Hold Harmless. a. Landlord shall not CONTRACTOR agrees to and does hereby indemnify, hold harmless and defend the DISTRICT and its governing board, officers, employees and agents from every claim or demand made and every cost, liability, loss, damage or expense, of any nature whatsoever, which may be liable incurred by reason of, or which may be directly or indirectly related to: (a) Liability for damages for: (1) death or bodily injury to Tenantperson; (2) injury to, its agents, servants, employees, contractors, customers loss or invitees for any damage to person theft of property; or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by (3) any other indemnity in this Leaseloss, but rather in confirmation and furtherance thereofdamage or expense arising out of (1) or (2) above, Tenant agrees to indemnifysustained by the CONTRACTOR or any person, defend firm or corporation employed by counsel reasonably acceptable to Landlord and hold Landlord harmless ofthe CONTRACTOR, from and against any and all losseseither directly or by independent contract, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) upon or in connection with the services called for in this AGREEMENT, however caused, except for liability for damages referred to above which result from the active negligence, sole negligence, or willful misconduct of the DISTRICT or its officers, employees or agents. (b) Any injury to or death of any person person(s), including the DISTRICT’s officers, employees and agents, or damage to or theft, loss or loss of the use of any property occurring in caused by any actual or about the Premises arising from Tenant’s occupancy alleged act, neglect, default, or omission of the PremisesCONTRACTOR, or any person, firm or corporation employed by the conduct of its business CONTRACTOR, either directly or from any activityby independent contract, workarising out of, or thing donein any way connected with, permitted the services covered by this AGREEMENT, whether said injury or suffered by Tenant in damage occurs either on or about off DISTRICT’s property, except for injury/death or damage/loss which result from the Premisesactive negligence, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission sole negligence or willful misconduct of Tenant the DISTRICT or any of its officers, employees or agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers (c) Any liability for damages which may arise from the furnishing or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in copyrighted or about uncopyrighted matter or patented or unpatented invention under this AGREEMENT, except for damages which result from the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseactive negligence, or due to any other grossly negligent act or omission sole negligence or willful misconduct of Landlord the DISTRICT or its officers, employees or agents. (d) The performance of this AGREEMENT or the Scope of Services by CONTRACTOR, or anyone working under or for the CONTRACTOR, except unless caused by the active negligence, sole negligence or willful misconduct of the DISTRICT or its officers, employees or agents. Where the DISTRICT or its officers, employees or agents are held to be only partially negligent or partially liable based on willful misconduct, the Parties shall be responsible and liable under this Section on a comparative basis. The CONTRACTOR’S obligations under this Section shall not be deemed to be: (i) conditioned upon, or in any manner limited by, the any insurance coverage maintained by a Party or other person or entity; or (ii) conditioned upon the receipt by any person or entity of, or limited to the amount of, any insurance proceeds. For all acts, omissions, or incidents occurring before the termination or expiration of its agents or employeesthis AGREEMENT, the CONTRACTOR’S obligations under this Section shall survive termination/expiration of this AGREEMENT, regardless of whether the CONTRACTOR has then completed the Scope of Work.

Appears in 8 contracts

Samples: Independent Contractor Agreement, Independent Contractor Agreement, Independent Contractor Agreement

Hold Harmless. a. Landlord A. The ADOH makes no warranties, expressed or implied. The Provider Agency, at all times, will indemnify and hold the ADOH harmless from any damages, liabilities, claims and expenses that may be claimed against ADOH or the Provider Agency or for injuries or damages to ADOH or the Provider Agency or another party arising from participation in the AZBOSCOC HMIS or arising from any acts, omissions, neglect or fault of the Provider Agency or its agents, employees, licensees or clients or arising from the Provider Agency's failure to comply with laws, statutes, ordinances or regulations applicable to it or the conduct of its business. This Provider Agency will also hold the ADOH harmless for negative repercussions resulting in the loss of data due to delays, non-deliveries, mis-deliveries or service interruption caused by the Provider Agency's negligence or errors or omissions, as well as natural disasters, technological difficulties and/or acts of God. The ADOH shall not be liable to Tenantthe Provider Agency for damages, losses or injuries to the Provider Agency or another party unless such is the result of negligence or willful misconduct of the ADOH or its agents, servants, employees, contractorslicensees, customers or invitees for any damage to person clients. B. The Provider Agency makes no warranties, expressed or property caused by any actimplied. The ADOH, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Leaseat all times, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord will indemnify and hold Landlord the Provider Agency harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs claims and expenses (includingthat may be claimed against the ADOH or Provider Agency or for injuries or damages to the ADOH, but not limited tothe Provider Agency or another party arising from participation in the AZBOSCOC HMIS or arising from any acts, court costsomissions, reasonable attorneys’ fees and litigation expenses) in connection with injury to neglect or death of any person or damage to or theft, loss or loss fault of the use of any property occurring in ADOH or about the Premises its agents, employees, licensees or clients or arising from Tenantthe ADOH’s occupancy of the Premisesfailure to comply with laws, statutes, ordinances or regulations applicable to it or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about business. Thus ADOH will also hold the Premises, or from any breach or default on the part of Tenant Provider Agency harmless for negative repercussions resulting in the performance loss of any covenant data due to delays, non-deliveries, mis-deliveries or agreement on service interruption caused by the part ADOH or a Provider Agency’s negligence or errors or omissions, as well as natural disasters, technological difficulties and/or acts of Tenant to God. The Provider Agency shall not be performed pursuant liable to the terms ADOH for damages, losses or injuries to the ADOH or another party unless such is the result of this Lease, or due to any other act or omission negligence or willful misconduct of Tenant the Provider Agency or any of its agents, employees, contractors, assigns, subtenants, guest licensees or inviteesclients. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord C. The Provider Agency agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses keep in force a comprehensive general liability insurance policy with combined single limit coverage of not less than five hundred thousand dollars (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person $500,000.00). Said insurance policy shall include coverage for theft or damage to or theft, loss or loss of the use Provider Agency's Arizona BOSCOC HMIS-related hardware and software, as well as coverage of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of Provider Agency's indemnification obligations under this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesAgreement.

Appears in 5 contracts

Samples: Partnership Agreement, Partnership Agreement, Partnership Agreement

Hold Harmless. a. Landlord Except for the willful misconduct of Broker, Property Owner shall indemnify, defend and hold Broker (including its shareholders, officers and directors) harmless from all loss, damage, cost expense (including attorneys’ fees), liability, claims, investigations and lawsuits by third parties for personal injury or property damage incurred or occurring in, on or about the Property that are connected with the management of the Property, during the term of this Agreement or after its termination, including any liability for error of judgment, a mistake of fact of law, or for anything that Broker may do or refrain from doing hereinafter. Broker, under this Agreement, shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees responsible for delays in the performance of any damage to person or property obligation unless there is an intentional delay caused by any actBroker or its employees. Property Owner shall pay, omission or neglect of Tenant. Without limiting or being limited by any other indemnity except as provided elsewhere in this LeaseAgreement, but rather in confirmation and furtherance thereofall expenses incurred by Xxxxxx, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) Broker’s costs and time in connection with injury to any claim, proceeding, or death suit involving an alleged violation by Broker or Property Owner, or both, of any person or damage law pertaining to or theftfair employment, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesfair credit reporting, or the conduct of its business or from any activityenvironmental protection, workrent control, or thing donetaxes, permitted or suffered by Tenant in or about the Premisesfair housing, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costsany law prohibiting, or making illegal, discrimination on the basis of race, religion, sex, disability, familial status, color or national origin, or any other class protected by law; provided, however, that Property Owner shall not be responsible to Broker for any expenses in the event that Broker is finally adjudicated to have personally, and not in a representative capacity, violated any such law, unless such acts and or omissions are outside the course and scope of Xxxxxx’s duties hereunder. Nothing contained herein shall obligate Broker to employ counsel to represent Property Owner in any such proceeding or suit. Property Owner also agrees to pay reasonable attorneys’ fees and litigation expensesexpenses (or an apportioned amount of such expenses where other employers of Broker also benefit) incurred by the Broker in connection obtaining legal advice regarding compliance with injury to any law affecting the Property or death activities related thereto. Xxxxxx assumes no responsibility or management of personal property left by Property Owner at the Property. Property Owner shall not hold the Broker liable for any person willful neglect, abuse or damage to the Property by tenants or theft, loss vandals or others nor for loss of or damage to any personal property of the use of Property Owner or any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leasetenant, or including loss due to exchange or theft by tenants or any other grossly negligent act third party. Further, the Property Owner shall not hold the Broker liable for any error of judgment or omission mistake of business decision or law except in cases of willful misconduct of Landlord or any of its agents or employeesgross negligence.

Appears in 4 contracts

Samples: Brokerage and Management Agreement, Brokerage and Management Agreement, Brokerage and Management Agreement

Hold Harmless. a. Landlord CONTRACTOR hereby agrees to and shall not be liable to Tenanthold TOWN, its elective and appointive boards, commissions, officers, agents, servantsregistered volunteers, employeesand employees harmless from any liability for damage or claims for damage for personal injury, contractorsincluding death, customers or invitees as well as from claims for any property damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by and any other indemnity in this Leaseclaims of any sort whatsoever, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costsany liabilities, reasonable attorneys’ fees and litigation expenses) claims, losses, or expenses in any manner caused by, arising out of, or in connection with injury to with, either directly or death indirectly, the construction or installation of any person or damage to or theftthe work, loss or loss the guarding of the work, the use of any property occurring improper materials in or about the Premises arising from Tenant’s occupancy construction of the Premiseswork, or the conduct of its business or from any activitynegligent, workwillful, or thing doneintentional acts or omissions by CONTRACTOR or CONTRACTOR's subcontractors, permitted or suffered by Tenant in or about the Premisesagents, or from employee operations under this Agreement, whether such operations by CONTRACTOR or by any breach of CONTRACTOR's subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for CONTRACTOR or any of CONTRACTOR's subcontractors during the progress of the work or at any time before its completion and final acceptance, excepting suits and actions brought by the CONTRACTOR for default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, Agreement or due to any other act or omission arising from the sole active negligence or willful misconduct of Tenant the TOWN. The Town Council may retain so much of the money due to the CONTRACTOR as shall be reasonably necessary to protect the TOWN, until disposition has been made of such suits or any claims for damages as aforesaid. CONTRACTOR agrees to and shall pay TOWN's cost of defense (or, at the sole option of the TOWN, CONTRACTOR shall defend with counsel approved by the TOWN Attorney) and indemnify TOWN and its elective and appointive boards, commissions, officers, agents, employeesand employees from any suits or actions at law or in equity arising out of the execution, contractorsadoption or implementation of this Agreement (exclusive of any such actions brought by CONTRACTOR), assignssuch indemnification to include all costs of defense, subtenantsjudgments, guest and any awards of attorneys' fees. Should any accident or invitees. b. Tenant shall not be liable to Landlordincident causing death, its agents, servants, employees, contractors, customers or invitees for any damage to person personal injury or property caused by any actdamage occur between the date CONTRACTOR is notified that its General Liability and/or Workers Compensation Insurance is canceled and the effective date of such cancellation, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees CONTRACTOR's obligation to indemnify, defend and save harmless the TOWN, as provided for hereinabove, shall in no manner be affected by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but the fact that the TOWN had not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death received the notice of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant cancellation prior to the terms date of this Lease, such accident or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesincident.

Appears in 4 contracts

Samples: Construction Agreement, Construction Agreement, Construction Agreement

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord identify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Landlord against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligations on the Tenant's part of Landlord to be performed pursuant to under the terms of this Leaselease, or arising from any act or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.the negligence of

Appears in 3 contracts

Samples: Lease Agreement (MKS Instruments Inc), Lease Agreement (MKS Instruments Inc), Lease Agreement (MKS Instruments Inc)

Hold Harmless. a. Landlord To the fullest extent permitted by law, the Contractor shall not be liable to Tenantdefend, indemnify and hold harmless the Madison County, its representatives, agents, servants, employees, contractorsofficers, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation departments and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless ofauthorities, from and against any and all lossesclaims, injuries, demands, judgments, settlements, damages, losses, liabilities, claims, liens, costs and expenses (includingof any kind or nature, including but not limited toto litigation costs and attorney’s fees, court costswhether arising in law or in equity, reasonable attorneys’ fees all without any limitation whatsoever, arising out of or resulting from the Contractor’s performance of the work and/or duties and/or the transactions contemplated by this agreement and litigation expenses) which are caused, in connection with injury to whole or death in part, by or because of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission of the Contractor, directly or willful misconduct of Tenant or any of its agentsindirectly, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its and/or by the Contractor’s agents, servants, employees, contractorssubcontractors and/or any person or entity employed by Contractor or for whose conduct or action the Contractor may be found or held liable, customers directly or invitees indirectly. In the event that the County is determined to be any percent negligent pursuant to any verdict or judgement, then the Contractor’s obligation to indemnify the County for any damage amount, payment, judgement, settlement, mediation or arbitration award shall extend only to person the percentage of negligence of the Contractor or property caused anyone directly or indirectly engaged or retained by any actit and anyone else for whose acts the Contractor is liable. It is the intention of the parties that the right and entitlement to a defense; the right and entitlement to be held harmless; and the right and entitlement to indemnification shall be as broad as permitted under applicable law. Further, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord the Contractor agrees to indemnifyindemnify the County in like regard in an action upon the contract between the parties and claims between the parties, defend by including counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation costs and expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the . The terms of this Leaseagreement shall not be construed to negate, abridge or due otherwise reduce any other right or obligation of contribution or indemnity which would otherwise exist as to any other grossly negligent act party or omission person subject to this agreement. This agreement and paragraph shall be liberally construed so as to afford the County the fullest possible protection and indemnity. In the event that Contractor shall fail or willful misconduct refuse to defend, hold harmless and/or indemnify the County against any such claim, loss, damage, judgment, settlement or action, Contractor shall be liable to the County for all expense, expenditure and cost incurred or to be incurred by the County in defending, resolving and/or satisfying any such claim, loss, damage, judgment, settlement or action, together with all cost and expense of Landlord the County, including all attorney’s fees, incurred in the County pursuing claim or any of its agents suit or employeesaction against or recovering fees costs and expense from Contractor.

Appears in 3 contracts

Samples: Contract Agreement, Contract Agreement, Business Associate Agreement

Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Landlord against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligation on the Tenant’s part of Landlord to be performed pursuant to under the terms of this LeaseLease or arising from any act or negligence of Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorneys’ fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon. If any action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord’s negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises. (b) Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Property or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act the negligence of Landlord, its agents, servants or omission or willful misconduct of employees. Landlord or any of its agents shall not be liable for interference with the light, air, or employeesfor any latent defect in the Premises.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused To the fullest extent permitted by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereoflaw, Tenant agrees to will, at its expense, indemnify, defend by counsel reasonably acceptable to Landlord defend, and hold Landlord Church and its affiliates, and their respective representatives (collectively, the “Indemnified Parties”) harmless of, from and against any and all lossesclaims, demands, damages, liabilitieslosses, claimsjudgments, liensamounts agreed upon in settlement, costs costs, and expenses of any nature whatsoever (including, but not limited to, court costswithout limitation, reasonable attorneys’ fees with interest and litigation expensesdisbursements) arising out of, relating to, or in connection with, in whole or in part: A. Tenant’s Event B. any act or omission, or alleged act or omission, of Tenant, or any of its vendors, or their respective employees, agents, representatives, contractors, and the like (collectively, the “Tenant Parties”) C. any breach of this Agreement by Xxxxxx D. Tenant Parties’ noncompliance with injury applicable law, code, rule, regulation, or order E. any damages to the Church building, its contents, and/or the Church grounds, and F. any claim or death of any person action, or threatened claim or action, made for bodily injury, sickness, or disease, including death, by anyone, or for damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or resulting from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant alleged act or omission by any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. the Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of LandlordParties. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and will further indemnify the Indemnified Parties against any and all losses, damages, liabilities, claims, liens, costs and expenses fees (including, but not limited to, court costswithout limitation, reasonable attorneys’ fees with interest and litigation expensesdisbursements) incurred by the Indemnified Parties in connection with injury to any investigation or death of any person the preparation related thereto or damage to or theft, loss or loss in the enforcement of the use indemnity and insurance obligations under this Agreement. The Indemnified Parties are entitled to reimbursement of any property occurring in or about their attorneys’ fees and expenses from the Premises arising from any breach or default on inception of the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseloss, damage, claim, or due demand and not from the date of tender. The indemnity contained herein will be in addition to and not in limitation upon any other grossly negligent act or omission or willful misconduct rights of Landlord or any of its agents or employeescommon law indemnity.

Appears in 3 contracts

Samples: Hall Rental Agreement, Hall Rental Agreement, Hall Rental Agreement

Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenantdefend, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) claims arising on or in connection with injury to the Demised Premises during the Lease Term or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, work or thing other things done, permitted or suffered by Tenant in or about the Demised Premises, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees. b. invitee of Tenant, and from all costs, attorney’s fees and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Landlord by reason of such claim. Tenant upon written notice from Landlord shall not be liable defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Demised Premises, from any cause other then the misconduct of Landlord, its agents, servants, servants or employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of and Tenant hereby waives all claims in respect thereof against Landlord. Without limiting Tenant shall give prompt written notice to Landlord in case of casualty or being limited by any other indemnity accidents in the Demised Premises. (b) Tenant, as a material part of the consideration to Landlord for this Lease, but rather hereby waives and releases all claims against Landlord, its employees and agents with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. or all matters occurring on the Premises during the Lease Term. Tenant covenants and agrees that Landlord and its employees will not at any time or to any extent whatsoever be liable, responsible or in confirmation and furtherance thereofany way accountable for any loss, injury, death or damage (including consequential damages) to persons, property or Tenant’s business occasioned by any cause, either ordinary or extraordinary. (c) Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against or its agents shall not be liable for any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person loss or damage to persons or theftproperty resulting from fire, loss explosion, falling plaster, steam, gas, electricity, water or loss rain which may leak from any part of the use of any property occurring in Building or about from the Premises arising pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any breach other place resulting from dampness or default on any other cause whatsoever. Landlord or its agents shall not be liable for interference with the part of Landlord light, air, or for any latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesDemised Premises.

Appears in 3 contracts

Samples: Lease Agreement, Business Lease (VCG Holding Corp), Business Lease (VCG Holding Corp)

Hold Harmless. a. Landlord OWNER shall not be liable to Tenantindemnify, defend, save and hold harmless BROKER, its agentsdirectors, servantsofficers, employees, contractorsbrokers, customers representatives, successors and assigns except in cases of fraud, willful misconduct or invitees gross negligence of the BROKER, from: (1) all claims arising out of the course of BROKER’S duties in connection with the management and where applicable, the leasing of the PROPERTY and from liability for injury suffered by tenant or third parties while on the PROPERTY and for any damage to person the PROPERTY; (2) all claims arising from BROKER’S failure to make any payments to the extent OWNER fails to make funds available as required herein; (3) all claims made or property caused brought by any actOWNER’S employees or their representatives arising from, omission or neglect in connection with such employee’s employment with OWNER, including by way of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (includingdescription, but not by way of limitation, any claims arising out of or related to any violation of applicable laws or regulations in employment; (4) all claims concerning any disputes with employees and/or independent contractors regarding work performed on the PROPERTY; (5) all claims and/or lawsuits concerning any disputes with tenants, including but not limited to, court costs, reasonable attorneys’ fees to disputes regarding security deposits; and litigation expenses(6) in connection with injury all claims concerning any injuries to or death of any person whomsoever at the subject PROPERTY. OWNER further agrees to reimburse BROKER for court costs and other reasonable expenses, including reasonable attorney’s fees, incurred by BROKER in defending any action brought against BROKER for injury or damage claimed to or thefthave been suffered at the PROPERTY, loss or loss of the use of any property occurring in or about the Premises except such claims arising from Tenant’s occupancy of the Premisesfraud, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct or gross negligence of Tenant or any of BROKER, its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant employees and brokers. BROKER shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person good faith error of judgment or property caused by for any actmistake of fact or law or for acts of others including tenants, omission or neglect anything which it may do or refrain from doing in good faith and in pursuance of Landlord. Without limiting its duties and activities hereunder or being limited by for any other indemnity matter unless and until OWNER delivers to BROKER a written Notice of Default and said default remains uncured for 15 days thereafter unless such matter cannot be reasonably cured within 15 days and in such case, within a reasonable time thereafter but in no event later than 30 days. All duties performed by BROKER under this AGREEMENT shall be on behalf of OWNER, in OWNER’S name and for OWNER’S account. In taking any action under the AGREEMENT, BROKER shall be acting only as Agent for OWNER, and OWNER hereby agrees that nothing in this LeaseAGREEMENT shall be construed as creating a partnership, but rather in confirmation and furtherance thereofjoint venture or any other relationship between the parties or as requiring BROKER to bear any portion of losses arising out of or connected with the ownership, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to operations or death of any person or damage to or theft, loss or loss management of the use of any property occurring in PROPERTY. This indemnity shall survive the expiration or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms termination of this Lease, or due to AGREEMENT for any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesreason.

Appears in 3 contracts

Samples: Exclusive Right Property Management Agreement, Exclusive Right Property Management Agreement, Exclusive Right Property Management Agreement

Hold Harmless. a. Landlord Landlord, its partners and representatives shall not be liable to Tenant, its or to Tenant’s agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited , its agents, invitees, servants, employees and to the extent permitted by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, law Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless offrom all claims for any such damage. Further, to the extent permitted by law Tenant shall indemnify and defend Landlord from and against any and all lossesclaim, damagesliability, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of on the Premises, or the conduct of its business or resulting from Tenant's failure to comply with any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms term of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. . Tenant shall not be liable to Landlord, its or to Landlord’s agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation its agents, servants, employees, and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant harmless offrom all claims for such damage. Except to the extent arising due to Tenant’s acts, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection omissions or failure to comply with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due Landlord further agrees to indemnify and hold Tenant harmless for Landlord’s failure to comply its obligations as a condominium association owner, including, but not limited to fees and assessments, required pursuant to the terms of the Declaration of Condominium recorded for the Premises and Building. The indemnifications granted by each of Landlord and Tenant herein are subject to any other grossly negligent act or omission or willful misconduct of express provisions to the contrary in this Lease. Notwithstanding the foregoing, in no event shall Landlord or any Tenant be liable to the other for punitive, consequential, indirect, or special damages. The provisions of its agents this Section 9 shall survive expiration or employeesearlier termination of this Lease.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

Hold Harmless. a. Landlord Owner shall defend, hold harmless, and indemnify the Manager and Manager’s agents/employees from any and all claims, demands, and/or liabilities arising in relation to Manager’s management of Owner’s real property with the sole exception of intentional torts and/or the grossly negligent acts of Manager and/or Manager’s agents/employees. The Owner agrees to hold the Manager harmless from liability for any claims related to property defects, injury on or about the Property that may be suffered by any tenant, guest, or contractor on the Property, or any actions or behaviors on the part of the Owner, his agents OTHER THAN the Manager, or assigns that contribute to, cause, or create legal or financial liability, but expressly DOES NOT indemnify the Manager, its agents, or assigns, from any actions or behaviors that may cause legal or financial actions to be taken and that are not explicitly performed at the direction of the Owner. Manager also shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage error of judgment or for any mistake of fact or law, or for anything that Manager may do or refrain from doing hereunder, except in cases of willful misconduct or gross negligence. If suit is brought to person collect Manager’s compensation or property caused if Manager successfully defends any action brought against PropM, Inc. by any actOwner, omission relating to Property, or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance Manager’s management thereof, Tenant Owner agrees to indemnifypay all costs incurred by PropM, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) Inc. in connection with injury to or death such action, including reasonable attorney fees. The undersigned shall not make any disparaging remarks of any person sort or otherwise communicate any disparaging comments about the Company, entities or persons to any third party at any time following the execution of this Agreement. Company agrees that it shall not make any disparaging remarks about the undersigned to any third party at any time. Should Owner submit a complaint and said complaint is deemed to be denied or false by the governing body where submitted, PropM, Inc. will charge Owner a $,10,000.00 defamation fee as the submission will remain in the public forum causing damage to or theftPropM, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the PremisesInc. reputation. PropM, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant Inc. is always open to be performed pursuant discussion to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesremedy a situation however will not tolerate falsely submitted complaints. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 2 contracts

Samples: Property Management Agreement, Property Management Agreement

Hold Harmless. a. Landlord 13.1 The Managing General Agent shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord the Company harmless of, from and against any and all lossesclaims, demands, causes of action, damages, liabilities, claims, liens, costs judgments and expenses (including, but not limited to, court costs, reasonable attorneys’ attorney’s fees and litigation expensescosts of court) which may be made against the Company and which arise, either directly or indirectly, out of any action or inaction of the Managing General Agent or the Managing General Agent’s employees or representatives in connection with injury to any rights or death of any person or damage to or theft, loss or loss obligations of the use of Managing General Agent incurred in connection with this Agreement or with asserting rights hereunder including, but not limited to, any property occurring in action or about the Premises arising from Tenant’s occupancy inaction of the Premises, or Managing General Agent concerning the conduct termination of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed Agent(s) pursuant to the terms of this Lease, Texas Insurance Code or due to any other act applicable law or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesregulation. b. Tenant 13.2 The Company shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant the Managing General Agent harmless of, from and against any and all lossesclaims, demands, causes of action, damages, liabilities, claims, liens, costs judgments and expenses (including, but not limited to, court costs, reasonable attorneys’ attorney’s fees and litigation expensescosts of court) which may be made against the Managing General Agent and which arise, either directly or indirectly, out of any action or inaction of the Company including, but not limited to, any such acts of negligence by the Company in connection with injury to any rights or death of any person or damage to or theft, loss or loss obligations of the use Company incurred in connection with this Agreement or with asserting rights hereunder. 13.3 The Reinsurer is hereby named as a third party beneficiary to all promises, duties and obligations of any property occurring in or about indemnification made by the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant Managing General Agent to the terms Company to the extent of this Leaseall damages, fines, penalties and/or loss incurred by the Reinsurer as a direct result of indemnifying and holding the Company harmless for the actions and/or inactions of the Managing General Agent. Upon indemnification by the Reinsurer, the Company shall assign its rights of recourse against the Managing General Agent to the Reinsurer, provided always that any benefit or due right of recourse extended to any other grossly negligent act or omission or willful misconduct the Reinsurer shall be subordinate to that of Landlord or any of its agents or employeesthe Company.

Appears in 2 contracts

Samples: Managing General Agency Agreement, Managing General Agency Agreement (Affirmative Insurance Holdings Inc)

Hold Harmless. a. Landlord To the fullest extent permitted by law, Subrecipient shall not be liable and hereby agrees to Tenanthold harmless, defend (with counsel acceptable to the Corporation) and indemnify the Corporation and each and all of its successors, affiliates, or assigns, and any of their employees, officers, directors, attorneys, consultants, agents, servantsmanagers, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless ofaffiliates, from and against any and all losses, damages, liabilitiescosts, attorneys’ fees, claims, liensexpenses, injuries, property damage, causes of action, violations of law, violations of this Agreement, any infringement of copyright, royalty, or other proprietary rights in consequence of any design(s) created and/or specifications prepared in accordance with the Agreement or Scope of Services, any injuries or damages resulting from defects, malfunction, misuse, etcetera of Subrecipient-provided equipment or materials, and losses of any form or nature arising from or related to the conduct (including any acts, omissions, malfeasance, negligence, or willful misconduct) of Subrecipient or its employees or subcontractors or anyone under Subrecipient’s direction or control or for whose acts or omissions Subrecipient may be deemed responsible or liable (“Subrecipient Staff”), in the performance of the efforts called for in this Agreement, but only, in any case, to the extent caused by the acts, omissions, or negligence of the Subrecipient Staff. This indemnity shall expressly include, but is not limited to, the obligation of Subrecipient to indemnify and reimburse the Corporation for any and all reasonable attorneys’ fees and other litigation or dispute resolution costs and expenses (incurred or to be incurred in the Corporation’s enforcement of this Agreement or any portion thereof against Subrecipient or otherwise arising in connection with Subrecipient including, but not limited to, court costsSubrecipient’s breach, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesviolation, or other non-compliance with this Agreement. This clause shall survive indefinitely the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms termination of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Agreement for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesreason.

Appears in 2 contracts

Samples: Subrecipient Agreement, Community Development Block Grant Agreement

Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord, Landlord’s beneficiaries (if Landlord is a land trust), the managing agent of the Building, the leasing agent of the Building and their respective agents, partners, shareholders, officers, directors and employees of the Building harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Leased Premises or the Building arising from Tenant’s occupancy of the Leased Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the PremisesLeased Premises or the Building, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 2 contracts

Samples: Office Lease Agreement (Cumberland Pharmaceuticals Inc), Office Lease Agreement (Cumberland Pharmaceuticals Inc)

Hold Harmless. a. Landlord Subject to Section 9 hereof, Tenant shall not be liable to Tenantindemnify, its defend, and hold harmless Landlord, and Landlord’s agents, servants, employees, contractorsofficers, customers or invitees for any damage to person or property caused by any actdirectors, omission or neglect of partners, members, and shareholders (“Landlord’s Related Parties”) at Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of’s expense, from and against any and all liabilities, judgments, demands, causes of action, claims, losses, damages, liabilities, claims, liens, costs and expenses (includingexpenses, but not limited to, court costs, including reasonable attorneys’ fees and litigation expenses) costs, arising out of the use, occupancy, conduct, operation, or management of the Premises by, or the willful misconduct or negligence of, Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or visitors in connection with injury or about the Building or Premises or arising from any breach or default under this Lease by Tenant, or arising from any accident, injury, or damage, howsoever and by whomsoever caused, to or death of any person or damage to or theftproperty, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, . This indemnification shall survive termination or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms expiration of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. . Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Landlord’s Related Parties for any damage to person or property caused by any act, omission or neglect of Landlord, its agents, employees or contractors. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofMoreover, Landlord agrees to indemnifyshall not be liable for any damage, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless ofinjury, from and against any and all lossesdestruction, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury or theft to or death of any person or damage to or theft, loss or loss of the use Premises, the personal property of Tenant or any property occurring in of the Tenant Parties, Tenant, or about any of the Premises Tenant Parties arising from any breach use or default on condition of the part Premises, or any sidewalks, entrance ways, or parking areas serving the Premises, or the act or neglect of Landlord in co-tenants or any other person, or the performance malfunction of any covenant equipment or agreement on apparatus serving the part of Landlord to be performed pursuant to the terms of this LeasePremises, or due any loss thereof by mysterious disappearance or otherwise. Any and all claims against Landlord for any damage referred to any other grossly negligent act in this Section 16.1 are hereby waived and released by Tenant and Tenant shall look to its insurance to recover the cost thereof. This provision shall not be construed to make Tenant responsible for loss, damage, liability or omission expense resulting from injuries to third parties caused by the sole negligence or willful misconduct of Landlord Landlord, or any of its agents officers, contractors, licensees, agents, employees, or employeesinvitees.

Appears in 2 contracts

Samples: Lease Agreement (Roberts Realty Investors Inc), Lease Agreement (Roberts Realty Investors Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or tile Premises for the conduct of its business or from any activity, work, or other thing done, done or permitted by the Tenant in or about the Building (or suffered by Tenant in or about the Premises), or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to the under tile terms of this Lease, or due to arising from any other act or omission or willful misconduct or negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of its agentsTenant, employeesand from all and against all costs, contractorsattorneys' fees, assignsexpenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, subtenantsand, guest in any case, action or invitees. b. proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend the same at Tenant's expense by counsel reasonably acceptable satisfactory to Landlord. Tenant and hold Tenant harmless of, from and against any and as a material part of the consideration to Landlord hereby assumes all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with risk of damage to property or injury to or death of any person or damage to or theftpersons, loss or loss of the use of any property occurring in in, upon or about the Premises arising Premises, from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any cause other grossly negligent act or omission than negligence or willful misconduct of Landlord or any of its agents and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, Falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence or willful misconduct of Landlord, its agents, servants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, loss of business by Tenant, nor shall Landlord be liable for any latent defect in tile Premises or in the Building unless known to Landlord or its agents. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment. Landlord hereby indemnifies; and holds harmless Tenant and its agents, employees and successors and assignees against any and all liability, loss, suits, claims, actions, costs and expense arising from (i) Landlord's or Landlord's agents' breach of this Lease and (ii) the negligence or willful misconduct of Landlord or its agents.

Appears in 2 contracts

Samples: Lease (Quokka Sports Inc), Lease (Quokka Sports Inc)

Hold Harmless. a. Landlord Except for the willful misconduct of Broker, Property Owner shall indemnify, defend and hold Broker (including its shareholders, officers and directors) harmless from all loss, damage, cost expense (including attorneys’ fees), liability, claims, investigations and lawsuits by third parties for personal injury or property damage incurred or occurring in, on or about the Property that are connected with the management of the Property, during the term of this Agreement or after its termination, including any liability for error of judgment, a mistake of fact of law, or for anything that Broker may do or refrain from doing hereinafter. Broker, under this Agreement, shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees responsible for delays in the performance of any damage to person or property obligation unless there is an intentional delay caused by any actBroker or its employees. Property Owner shall pay, omission or neglect of Tenant. Without limiting or being limited by any other indemnity except as provided elsewhere in this LeaseAgreement, but rather in confirmation and furtherance thereofall expenses incurred by Broker, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) Broker’s costs and time in connection with injury to any claim, proceeding, or death suit involving an alleged violation by Broker or Property Owner, or both, of any person or damage law pertaining to or theftfair employment, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesfair credit reporting, or the conduct of its business or from any activityenvironmental protection, workrent control, or thing donetaxes, permitted or suffered by Tenant in or about the Premisesfair housing, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costsany law prohibiting, or making illegal, discrimination on the basis of race, religion, sex, disability, familial status, color or national origin, or any other class protected by law; provided, however, that Property Owner shall not be responsible to Broker for any expenses in the event that Broker is finally adjudicated to have personally, and not in a representative capacity, violated any such law, unless such acts and or omissions are outside the course and scope of Broker’s duties hereunder. Nothing contained herein shall obligate Broker to employ counsel to represent Property Owner in any such proceeding or suit. Property Owner also agrees to pay reasonable attorneys’ fees and litigation expensesexpenses (or an apportioned amount of such expenses where other employers of Broker also benefit) incurred by the Broker in connection obtaining legal advice regarding compliance with injury to any law affecting the Property or death activities related thereto. Broker assumes no responsibility or management of personal property left by Property Owner at the Property. Property Owner shall not hold the Broker liable for any person willful neglect, abuse or damage to the Property by tenants or theft, loss vandals or others nor for loss of or damage to any personal property of the use of Property Owner or any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leasetenant, or including loss due to exchange or theft by tenants or any other grossly negligent act third party. Further, the Property Owner shall not hold the Broker liable for any error of judgment or omission mistake of business decision or law except in cases of willful misconduct of Landlord or any of its agents or employeesgross negligence.

Appears in 2 contracts

Samples: Brokerage and Management Agreement, Brokerage and Management Agreement

Hold Harmless. a. Landlord Neither Beneficiary or Trustee shall be -------------- obligated to perform or discharge, and do not be liable undertake hereby to Tenantperform nor to discharge, its agentsany obligation, servantsduty or liability with respect to the Trust Property or the Leases solely by reason of this Deed of Trust, employeesand Trustor shall and does hereby agree to defend, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord hold harmless and hold Landlord harmless of, protect Beneficiary or Trustee from and against any and all claims, losses, damagesexpenses, liabilitiesdamage and liabilities (including, claimswithout limitation, liensreasonable attorneys' fees) which may arise or be incurred or accrue in connection therewith, except, in each case, to the extent incurred as a result of the negligence or misconduct of Beneficiary or Trustee, as the case may be, or the failure of Beneficiary or Trustee, as the case may be, to comply in all material respects with Applicable Laws. Should Beneficiary or Trustee incur any such liability, loss or damage, the amount thereof, including all reasonable attorneys' fees and reasonable costs and expenses (includingassociated with actions taken by Beneficiary, but not limited toas the case may be, court costsin defense thereof, reasonable attorneys’ fees or otherwise in protecting its interests hereunder, shall be part of the Mortgaged Obligations and litigation expenses) in connection with injury shall be secured hereby, and Trustor covenants and agrees to or death of reimburse Beneficiary therefor promptly following demand. Should Trustee incur any person or damage to or theftsuch liability, loss or loss of damage, the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation amount thereof including all reasonable attorneys' fees and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, reasonable costs and expenses (includingassociated with actions taken by Trustee in defense thereof, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to shall be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesreimbursed by Trustor promptly after demand therefor.

Appears in 2 contracts

Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement (Jafra Cosmetics International Sa De Cv)

Hold Harmless. a. Landlord Tenant shall not be liable to Landlord or to Landlord’s agents, contractors, customers, employees, invitees, licensees, servants or visitors (collectively, "Landlord Related Party”) for any damage to person or property caused by any act, omission or neglect of Landlord, its agents, contractors, customers, employees, invitees, licensees, servants or visitors and Landlord agrees to, subject to Section 6.7, indemnify, defend, and hold Tenant harmless from all Losses (as defined in Section 8.6.2) resulting from such damage. Neither Landlord nor any mortgagee(s) shall be liable to Tenant, its agents, servantscontractors, customers, employees, contractorsinvitees, customers licensees, servants or invitees visitors for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting , its agents, contractors, customers, employees, invitees, licensees, servants or being limited by any other indemnity in this Lease, but rather in confirmation visitors and furtherance thereof, Tenant agrees to, subject to Section 6.7, indemnify, defend by counsel reasonably acceptable to Landlord defend, and hold Landlord and any mortgagee(s) harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or Losses resulting from any activity, work, or thing done, permitted or suffered by Tenant such damage. Notwithstanding anything contained in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant this Lease to the terms contrary, the provisions of this Section 6.6 shall survive the termination of this Lease. If the obligation or liability of Landlord, as set forth in any other part of this Lease, are less than or due contradictory of this indemnity clause, the provisions of this clause shall be deemed and construed to any be modified by such other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant parts. This indemnity shall not be deemed or construed to make Landlord liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage matter that Tenant is obligated to person do or property caused omit by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofby law, an obligation to a third party, or otherwise. The liability of Tenant to indemnify Landlord, as hereinabove set forth, shall not apply to the extent Landlord agrees to indemnify, defend shall be effectively protected by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord insurance required to be performed pursuant to carried by Landlord under this Lease provided Landlord has a valid claim against such insurer therefor. If the terms obligation or liability of Tenant, as set forth in any other part of this Lease, are less than or due contradictory of this indemnity clause, the provisions of this clause shall be deemed and construed to be modified by such other parts. This indemnity shall not be deemed or construed to make Tenant liable for any other grossly negligent act matter that Landlord is obligated to do or omission omit by this Lease, by law, an obligation to a third party, or willful misconduct of Landlord or any of its agents or employeesotherwise.

Appears in 2 contracts

Samples: Office Lease Agreement (Exterran Energy Solutions, L.P.), Office Lease Agreement (Exterran Holdings Inc.)

Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation Tenant covenants and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold save Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to liability or death expense arising out of any claims of any person or damage to persons on account of any occurrence in, upon or theftat the Leased Premises, loss or loss resulting from the occupancy or use thereof by Tenant, or by any person or persons holding or using the Leased Premises thereunder, occasioned in whole or in part by reason of the improper and/or lack of control and supervision throughout the Common Areas of property owned or controlled by Tenant, or by reason of the use of any property occurring in or about the Premises arising from Tenant’s occupancy misuse of the parking area or any other Common Areas by Tenant or by any person or persons holding or using the Leased Premises, or the conduct of its business or from any activitypart thereof, workunder Tenant, or thing doneincluding without limitation, permitted or suffered by Tenant in or about the PremisesTenant's clients, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Leaseinvites, or due to any other act or omission or willful misconduct of Tenant or any of its agents, contractors, employees, contractors, assignsservants, subtenants, guest assignees or invitees. b. licensees, and without limiting the generality of the foregoing, Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation further covenants and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant save Landlord harmless of, from and against any and all lossespenalty, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to damage or death charge incurred or imposed by reason of any violation of law or ordinance by Tenant or any person or persons holding under Tenant or using the Leased Premises or the Building or Common Areas, and from any cost, damage to or theft, loss or loss expense arising out of the use death of or injury to any property occurring in person or about persons holding under Tenant or using the Lease Premises arising or the Building or Common Areas and from any breach cost, damage or default on expense arising out of the death of or injury to any person or persons holding under tenant or using the Leased Premises, or any part thereof, or any part of the Building or Common Areas. In case any action or claim to which Landlord is entitled to indemnification shall be brought or asserted in any way against Landlord or Tenant, Tenant shall immediately notify Landlord of the performance of any covenant or agreement on the part of same and shall furnish Landlord with all relative information. Landlord shall be entitled, at Tenant's expense, to be performed pursuant participate in, and to the terms of this Leaseextent that it wishes, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesassume the defense thereof.

Appears in 2 contracts

Samples: Hospital Lease Agreement (Dynacq International Inc), Office/Surgical Care Center Lease Agreement (Dynacq International Inc)

Hold Harmless. a. Landlord OWNER and GPA shall not be liable to Tenant, its agents, servantsCONTRACTOR or to CONTRACTOR’s customers, employees, contractorsagents, customers guests or invitees invitees, or to any other person whomsoever, for any damage injury to person or damage to property on or about the LEASED PREMISES or the FACILITY, including, but not limited to, consequential damage: (1) caused by any actact or omission of CONTRACTOR, omission its employees, subcontractors, licensees, invitees and concessionaires invited by CONTRACTOR or neglect of Tenant. Without limiting or being limited by any other indemnity in this Leaseperson entering the FACILITY or the LEASED PREMISES by express or implied invitation of CONTRACTOR; or (2) arising out of the use of the LEASED PREMISES or the FACILITY by CONTRACTOR, but rather in confirmation and furtherance thereofits employees, Tenant subcontractors, licensees, concessionaires invited by CONTRACTOR or invitees. CONTRACTOR hereby agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord OWNER and GPA harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesfees) in connection with injury to or death arising out of any person such damage or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. OWNER and GPA shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees CONTRACTOR for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other CONTRACTORs of the FACILITY or being limited by of any other indemnity in this Leasepersons whomsoever. Further, but rather in confirmation and furtherance thereof, Landlord any CONTRACTOR specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and indemnify and hold Tenant OWNER and GPA harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in LEASED PREMISES. CONTRACTOR’s obligations under this Section shall survive the expiration or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms earlier termination of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 2 contracts

Samples: Sublease Agreement, Sublease Agreement

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 2 contracts

Samples: Lease Agreement (Sionix Corp), Lease Agreement (Prime Bancorp Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, done or permitted by the Tenant in or about the Building (or suffered by Tenant in or about the Premises), or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct or negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of its agentsTenant, employeesand from all and against all costs, contractorsattorneys' fees, assignsexpenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, subtenantsand, guest in any case, action or invitees. b. proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend the same at Tenant's expense by counsel reasonably acceptable satisfactory to Landlord. Tenant and hold Tenant harmless of, from and against any and as a material part of the consideration to Landlord hereby assumes all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with risk of damage to property or injury to or death of any person or damage to or theftpersons, loss or loss of the use of any property occurring in in, upon or about the Premises arising Premises, from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any cause other grossly negligent act or omission than negligence or willful misconduct of Landlord or any of its agents and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence or willful misconduct of Landlord, its agents, servants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, loss of business by Tenant, nor shall Landlord be liable for any latent defect in the Premises or in the Building unless known to Landlord or its agents. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment.

Appears in 2 contracts

Samples: Sublease (Quokka Sports Inc), Sublease (Quokka Sports Inc)

Hold Harmless. a. (a) Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold the Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises Premises, the Building or the Project arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, the Building or the Project, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees, all subject, however, to the provisions of Section 21(e) hereof. b. (b) Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity Subject to the provisions and limitations of Landlord personal liability set forth in this Lease, but rather in confirmation and furtherance thereofSection 34, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold the Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises Premises, the Building or the Project arising from Landlord’s negligence or intentional acts or omissions, or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due all subject, however, to any other grossly negligent act or omission or willful misconduct the provisions of Landlord or any of its agents or employeesSection 21(e) hereof.

Appears in 2 contracts

Samples: Office Lease Agreement (Emdeon Inc.), Office Lease Agreement (Emdeon Inc.)

Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant (a) HRBM agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord E-LOAN harmless offrom and against any andall claims, suits, actions, liability, losses, expenses or damages which may hereafter arise, which E-LOAN, its affiliates, directors, officers, agents or employees may sustain due to or arising out of any misrepresentation, negligent act or omission by HRBM, its affiliates, officers. agents, representatives or employees or out of any act by HRBM, its affiliates, officers, agents, representatives or employees in violation of this Agreement or in violation of any applicable law or regulation. Provided, however, the above indemnification shall not provide coverage for (a) any claim, suit or action, liability or loss, expense or damage that resulted from E-LOAN'S negligent act or omission or a breach by E-LOAN of any of its representations, warranties or obligations under this Agreement, or (b) the amount by which any cost, fee, expense or loss associated with any of the foregoing were increased as a result of an act or omission on the part of F-LOAN. As a condition of the foregoing indemnity obligation, E-LOAN agrees to give HRBM reasonably prompt notice of any third party claim. (b) E-LOAN agrees to indemnify, defend and hold HRBM harmless from and against any and all claims, suits, actions, liability, losses, damagesexpenses or damages which may hereafter arise, liabilitieswhich HRBM, claimsits affiliates, liensdirectors, costs and expenses (includingofficers, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury agents or employees may sustain due to or death arising out of any person misrepresentation, negligent act or omission by E-LOAN, its affiliates, officers, agents, representatives or employees or out of any act by E-LOAN, its affiliates, officers, agents, representatives or employees in violation of this Agreement or in violation of any applicable law or regulation. Provided, however, the above indemnification shall not provide coverage for (a) any claim, suit or action, liability or loss, expense or damage that resulted from a negligent act or omission of HRBM or that is attributable to a breach by HRBM of any of its representations, warranties or theftobligations pursuant to this Agreement, loss or(b) the amount by which any cost, fee, expense or loss associated with any of the use foregoing were increased as a result of any property occurring in an act or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default omission on the part of Tenant in HRBM. As a condition of the performance foregoing indemnity obligation, HRBM agrees to give E-LOAN reasonably prompt notice of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesthird party claim. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 2 contracts

Samples: Systems and Marketing Agreement (E Loan Inc), Systems and Marketing Agreement (E Loan Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, reasonable attorneys' fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord shall defend the same at Tenant's expense. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence or willful misconduct of Tenant acts. Landlord or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditament, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defects in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 2 contracts

Samples: Lease (Vstream Inc /Co), Lease Agreement (Vstream Inc /Co)

Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Demised Premises or from the conduct of its business or from any activity, work, work or thing other things done, permitted or suffered by Tenant in or about the Demised Premises, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees. b. invitee of Tenant, and from all costs, attorney’s fees and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Landlord by reason of such claim, for events which arise subsequent to the date of this Agreement, pursuant to the terms of an indemnification agreement contained in a Purchase Agreement, previously executed by the parties. Tenant upon written notice from Landlord shall not be liable defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Demised Premises, from any cause other then the gross negligence of Landlord, its agents, servants, servants or employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of and Tenant hereby waives all claims in respect thereof against Landlord. Without limiting Tenant shall give prompt written notice to Landlord in case of casualty or being limited by any other indemnity accidents in the Demised Premises. (b) Tenant, as a material part of the consideration to Landlord for this Lease, but rather hereby waives and releases all claims against Landlord, its employees and agents with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. Tenant covenants and agrees that Landlord and its employees will not at any time or to any extent whatsoever be liable, responsible or in confirmation and furtherance thereofany way accountable for any loss, injury, death or damage (including consequential damages) to persons, property or Tenant’s business occasioned by any cause, either ordinary or extraordinary. (c) Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against or its agents shall not be liable for any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person loss or damage to persons or theftproperty resulting from fire, loss explosion, falling plaster, steam, gas, electricity, water or loss rain which may leak from any part of the use of any property occurring in Building or about from the Premises arising pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any breach other place resulting from dampness or default on any other cause whatsoever. Landlord or its agents shall not be liable for interference with the part of Landlord light, air, or for any latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesDemised Premises.

Appears in 2 contracts

Samples: Business Lease (VCG Holding Corp), Business Lease (VCG Holding Corp)

Hold Harmless. a. Landlord shall not be liable To the fullest extent permitted by law, the INSPECTOR agrees to Tenantindemnify, defend and hold the DISTRICT entirely harmless from all liability arising out of: (1) Any and all claims under Worker’s Compensation acts and other employee benefit acts with respect to the INSPECTOR’s employees or the INSPECTOR’s subcontractor’s employees arising out of INSPECTOR’s work under this AGREEMENT; and (2) Liability for damages for (a) death or bodily injury to person; (b) injury to, loss or theft of property; (c) any failure or alleged failure to comply with any provision of law or (d) any other loss, damage or expense arising under either (a), (b), or (c) herein this paragraph, sustained by the INSPECTOR or any person, firm or corporation employed by the INSPECTOR upon or in connection with the PROJECT, except for liability resulting from the sole or active negligence, or willful misconduct of the DISTRICT, its agents, servantsofficers, employees, contractorsagents or independent consultants who are directly employed by the DISTRICT; (3) Any loss, customers injury to or invitees for any death of persons or damage to person or property caused by any act, neglect, default or omission of the INSPECTOR, or neglect of Tenant. Without limiting any person, firm or being limited corporation employed by any other indemnity in this Leasethe INSPECTOR, but rather in confirmation and furtherance thereofeither directly or by independent contract, Tenant agrees including all damages due to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to loss or theft, loss sustained by any person, firm or loss of corporation including the use of any property occurring in or about the Premises DISTRICT, arising from Tenant’s occupancy of the Premisesout of, or in any way connected with the conduct of its business PROJECT, including injury or from damage either on or off DISTRICT property; but not for any activityloss, workinjury, death or thing donedamages caused by the sole or active negligence, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agentsthe DISTRICT. INSPECTOR, employeesat INSPECTOR’s own expense, contractorscost, assignsand risk, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liensactions, costs and expenses (includingsuits, but not limited toor other proceedings that may be brought or instituted against the DISTRICT, court costsits officers, reasonable attorneys’ fees and litigation expenses) in connection with injury to agents or death employees on account of or founded upon any person or damage to or theft, loss or loss of the use of causes, damages or injuries identified herein Section H and shall pay or satisfy any property occurring in or about judgment that may be rendered against the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this LeaseDISTRICT, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its officers, agents or employeesemployees in any action, suit or other proceedings as a result thereof.

Appears in 2 contracts

Samples: Inspector Services Agreement, Inspector Services Agreement

Hold Harmless. a. Tenant shall indemnify, defend and hold Landlord harmless of and from any loss, reasonable attorney’s fees, expenses, claims, fines, suits, costs, and liability of every kind arising because of any bodily injury, death, and/or damage to property occurring in or resulting from any occurrence in the Leased Premises during the Term of this Lease and any holdover period save and except for any costs occasioned by the gross negligence or willful wrongful acts of Landlord or its agents or employees. Landlord shall not be liable to Tenant, Tenant’s employees, agents, invitees, licensees, or visitors, or to any other person, for any injury to person or damage to property on or about the Leased Premises caused by any act or omission of Tenant or its agents, servants, or employees, contractorsor of any other person entering upon the Leased Premises under express or implied invitation by Tenant, customers or invitees for any damage to person or property caused by any actthe improvements located on the Leased Premises becoming out of repair, omission the failure or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death cessation of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesservice provided by Landlord (including security service and devices), or the conduct caused by leakage of its business or from any activitygas, workoil, water, or thing donesteam or by electricity emanating from the Leased Premises. WITHOUT LIMITATION, permitted or suffered by Tenant in or about the PremisesLANDLORD AND TENANT INTEND AND AGREE THAT THE FOREGOING INDEMNITIES AND RELEASES SHALL APPLY TO EACH INDEMNIFIED PARTY WITH RESPECT TO ANY LOSS, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this LeaseATTORNEYS’ FEES, or due to any other act or omission or willful misconduct of Tenant or any of its agentsEXPENSES, employeesCLAIMS, contractorsFINES, assignsSUITS, subtenantsCOSTS, guest or inviteesAND LIABILITY OF EVERY KIND THAT IN WHOLE OR IN PART ARE CAUSED BY OR ARISE OUT OF THE NEGLIGENCE OF SUCH (AND/OR ANY OTHER) INDEMNIFIED PARTY. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 2 contracts

Samples: Commercial Lease (Karat Packaging Inc.), Commercial Lease (Karat Packaging Inc.)

Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant’s customers, employees, agents, guests or invitees, or to any other person whomever, for any injury to persons or damage to property on or about the Leased Premises or the Common Areas, including but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Leased Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Leased Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by any act, omission the improvements located in the Leased Premises becoming out of repair or neglect of Tenant. Without limiting or being limited by any other indemnity defect in this Leaseor failure of equipment, but rather in confirmation pipes, or wiring, or by broken glass, or by the backing of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Leased Premises or the Property, or (5) arising out of the failure or cessation of any service provided by Landlord (including, without limitation, security services and furtherance thereofdevices), and Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costswithout limitation, reasonable attorneys’ attorney’s fees and litigation expensescosts of court) in connection with injury to or death arising out of any person such damage or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting Tenant or being limited by of any other indemnity in this Leasepersons whomsoever. Further, but rather in confirmation and furtherance thereof, Landlord Tenant specifically agrees to indemnify, defend by counsel reasonably acceptable be responsible for and to Tenant indemnify and hold Tenant Landlord harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent illegal act performed in, at or omission or willful misconduct of Landlord or any of its agents or employeesfrom the Leased Premises.

Appears in 2 contracts

Samples: Office Lease (Pc Connection Inc), Office Lease (Pc Connection Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant Building and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Landlord against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant employees, guest, or agreement on invitee of Tenant, and from all and against all cost, attorney’s fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action, or proceeding be brought against Landlord by reason of any such claim. Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord’s negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be performed pursuant liable for any damage to property entrusted to employees of the terms Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from, fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of this Leasethe Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act the negligence of Landlord, its agents, servants or omission or willful misconduct of employees. Landlord or any of its agents shall not be liable for interference with the light or employeesother incorporated hereditaments, loss of business by Tenant, nor shall Landlord be liable for any latent defect in the Premises or in the Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment.

Appears in 2 contracts

Samples: Office Building Lease (Castle Biosciences Inc), Office Building Lease (Castle Biosciences Inc)

Hold Harmless. a. Landlord shall not be liable (a) Except to Tenantthe extent caused by the negligence or willful misconduct of Landlord, its agents, servants, employees, employees or contractors, customers or invitees for any damage and subject to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofSection 7.02, Tenant agrees to indemnifywill indemnify and save harmless Landlord against and from all liabilities, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all lossesobligations, damages, liabilitiespenalties, claims, liens, costs and expenses (including, but not limited to, court costs, charges and expenses, including reasonable attorneys’ fees and litigation expensesfees, which may be imposed upon, incurred by or asserted against Landlord or which involve Landlord directly or indirectly during the Term for: (i) in connection with injury to any work or death of any person or damage to or theftthing done in, loss or loss of the use of any property occurring in on or about the Premises arising from Tenant’s occupancy Leased Premises; (ii) any use, non-use, possession, occupation, condition, operation, maintenance or management of the Leased Premises, or the conduct of its business or from ; (iii) any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default negligence on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractorslicensees, customers invitees, tenants or invitees for occupants; (iv) any injury or death to any person or damage to person or loss of property caused occurring in, on or about the Leased Premises; and (v) any failure on the part of Tenant to perform or comply with any provisions of this Lease (subject to applicable notice and cure periods). If any action or proceeding is brought against Landlord by reason of any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity claim described in this Leasesubparagraph (a), but rather in confirmation and furtherance thereofTenant, Landlord agrees upon notice from Landlord, will either defend such action or proceeding with counsel approved by Landlord, such approval not to be unreasonably withheld or delayed, or satisfy the claim. If Landlord, without fault on its part, shall be made a party to any litigation commenced by or against Tenant, then Tenant shall indemnify, defend by counsel reasonably acceptable to Tenant and hold harmless Landlord therefrom and shall pay Landlord all costs and expenses, including reasonable attorneys’ fees, which Landlord may sustain by reason thereof. (b) Except to the extent caused by the negligence or willful misconduct of Tenant, its agents, employees or contractors, and subject to Section 7.02, Landlord hereby indemnifies and holds Tenant harmless of, from and against any and all lossesliabilities, obligations, damages, liabilitiespenalties, claims, liens, costs and expenses (including, but not limited to, court costs, charges and expenses, including reasonable attorneys’ fees and litigation expenses) in connection with injury to fees, which may be imposed upon, incurred by or death of any person asserted against Tenant or damage to which involve Tenant directly or theft, loss or loss of the use of any property occurring in or about the Premises indirectly arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission negligence or willful misconduct of Landlord or its agents, employees or contractors in or about the Project. If any action or proceeding is brought against Tenant by reason of any claim described in this subparagraph (b), Landlord, upon notice from Tenant, will either defend such action or proceeding with counsel approved by Tenant, such approval not to be unreasonably withheld or delayed, or satisfy the claim. If Tenant, without fault on its agents part, shall be made a party to any litigation commenced by or employeesagainst Landlord, then Landlord shall indemnify, defend and hold harmless Tenant therefrom and shall pay Tenant all costs and expenses, including reasonable attorneys’ fees, which Tenant may sustain by reason thereof. (c) The provisions of this Section shall survive the termination of this Lease.

Appears in 2 contracts

Samples: Garage Lease (Virgin Trains USA LLC), Garage Lease (Virgin Trains USA LLC)

Hold Harmless. a. Landlord Tenant does and shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation indemnify and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold keep Landlord harmless of, from and against any and all losses, damages, liabilitiesfines, claimspenalties, liensliabilities and expenses, costs and expenses (including, but without limitation, attorney's fees incurred whether or not limited tosuit is brought, court costs, reasonable attorneys’ fees at trial and litigation expenses) appellate levels which may arise or be claimed against Landlord and be in connection with injury to or death favor of any person persons or damage to entities, consequent upon or theft, loss or loss of arising from the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the PremisesPromises by Tenant. or consequent upon or arising from any acts. omissions, neglect or fault of Tenant, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its their respective agents, servants, employees, contractorslicensees, customers visitors, customers, patrons or invitees for invitees, or consequent upon or arising from Tenant's failure to comply with any damage to person laws, statutes, ordinances, codes or property caused by any act, omission or neglect of Landlordregulations as herein provided. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable shall not be liable to Tenant and hold Tenant harmless ofdoes hereby release, remise, quitclaim and forever discharge Landlord from and against any and all damages, losses, damagesclaims or injuries to the officers, liabilitiesdirectors, claimsowners, liensagents, costs servants, employees, licensees, guests, visitors, customers, persons or property of Tenant which may be caused by the acts, neglect, omissions or faults of any persons or entities except for the negligence of Landlord or its employees. Tenant shall look solely to Landlord's interest in the Building and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in Landlord's personal property used in connection therewith for the satisfaction of any judgment or decree based upon any matters arising in connection with injury or in any way related to this Lease or death of any person the Building and no other property or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part asset of Landlord shall be subject to levy, execution or other enforcement procedure for the satisfaction of such judgment or decree. In case Landlord shall be made a party to any litigation commenced against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Landlord in connection with such litigation and any appeal thereof. The provisions of this paragraph shall survive the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms termination of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 2 contracts

Samples: Office Lease Agreement (BMS Distributing Corp.), Office Lease Agreement (Claires Stores Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act set or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee guest, or invitee of Tenant, and from all and against all cost, attorney’s fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord’s negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 2 contracts

Samples: Office Building Lease (Cross Country Healthcare Inc), Office Building Lease (Cross Country Healthcare Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by the Tenant in or about the Premises, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorney's fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in any case any action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord's negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any loss or damage to Landlordpersons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of the Landlord or its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light, employeesair, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesPremises.

Appears in 2 contracts

Samples: Commercial Lease (Northern Empire Bancshares), Commercial Lease (Northern Empire Bancshares)

Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused To the fullest extent permitted by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereoflaw, Tenant agrees to will, at its expense, indemnify, defend by counsel reasonably acceptable to Landlord defend, and hold Landlord Church and its affiliates, and their respective representatives (collectively, the “Indemnified Parties”) harmless of, from and against any and all lossesclaims, demands, damages, liabilitieslosses, claimsjudgments, liensamounts agreed upon in settlement, costs costs, and expenses of any nature whatsoever (including, but not limited to, court costswithout limitation, reasonable attorneys’ fees with interest and litigation expensesdisbursements) arising out of, relating to, or in connection with, in whole or in part: A. Tenant’s Event B. any act or omission, or alleged act or omission, of Tenant, or any of its vendors, or their respective employees, agents, representatives, contractors, and the like (collectively, the “Tenant Parties”) C. any breach of this Agreement by Tenant D. Tenant Parties’ noncompliance with injury applicable law, code, rule, regulation, or order E. any damages to the Church building, its contents, and/or the Church grounds, and F. any claim or death of any person action, or threatened claim or action, made for bodily injury, sickness, or disease, including death, by anyone, or for damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or resulting from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant alleged act or omission by any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. the Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of LandlordParties. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and will further indemnify the Indemnified Parties against any and all losses, damages, liabilities, claims, liens, costs and expenses fees (including, but not limited to, court costswithout limitation, reasonable attorneys’ fees with interest and litigation expensesdisbursements) incurred by the Indemnified Parties in connection with injury to any investigation or death of any person the preparation related thereto or damage to or theft, loss or loss in the enforcement of the use indemnity and insurance obligations under this Agreement. The Indemnified Parties are entitled to reimbursement of any property occurring in or about their attorneys’ fees and expenses from the Premises arising from any breach or default on inception of the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseloss, damage, claim, or due demand and not from the date of tender. The indemnity contained herein will be in addition to and not in limitation upon any other grossly negligent act or omission or willful misconduct rights of Landlord or any of its agents or employeescommon law indemnity.

Appears in 2 contracts

Samples: Hall Rental Agreement, Hall Rental Agreement

Hold Harmless. a. Landlord shall not Lessor will be liable held harmless by Lessee from any liability (including reimbursement of reasonable attorneys’ fees and all costs) for damages to Tenantany person or any property in or upon the Leased Space at Lessee's invitation, its or for damages to any person or property resulting from the actions of Lessee (including damages caused by or resulting from the existence of the Structures) on the Leased Space, unless the damages are caused by, or are the result of, the willful misconduct or negligence of Lessor or any of Lessor's agents, servants, employees, contractorslicensees or invitees. Notwithstanding any provisions herein to the contrary, customers it is understood and agreed that all property kept, installed, stored or invitees maintained in or upon the Leased Space by Lessee will be so installed, kept, stored or maintained at the risk of Lessee. Lessor will not be responsible for any loss or damage to person equipment owned by Lessee which might result from tornadoes, lightning, wind storms, or property caused by any actother Acts of God; provided, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Leasehowever, but rather in confirmation Lessor will be responsible for, and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord Lessee harmless of, from and against any liability (including reimbursement of reasonable legal fees and all lossescosts), damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury for damages to or death of any person or damage to any property in or theft, loss upon the Premises or loss Leased Space arising out of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct or negligence of Tenant Lessor or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its Lessor's agents, servants, employees, contractorslicensees or invitees. Except for willful misconduct, customers Lessee will in no event be liable in damages for Xxxxxx's business loss, business interruption or invitees for any damage to person other consequential damages of whatever kind or property caused by any actnature, omission or neglect regardless of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, the cause of the damages, liabilitiesand Lessor, claimsand anyone claiming by or through Lessor, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of expressly waives all claims for the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesdamages.

Appears in 2 contracts

Samples: Option and Land Lease, Option & Land Lease

Hold Harmless. a. Landlord shall not be liable to Tenant for any damage to or loss of any property of Tenant’s agents, employees, licensees, invitees, contractors or other persons, which Tenant places or permits to be placed within the Premises; and Tenant agrees to indemnify, hold harmless, and defend Landlord, at Tenant’s sole cost and expenses, from all claims liabilities and expenses (including reasonable attorney’s fees) incurred by Landlord arising from any such damage or loss. To the extent not prohibited by law, and to the extent that Landlord or its agents are neither negligent nor willful, Landlord shall not be liable for any injuries to Tenant, its agents, servants, employees, contractorslicensees, customers invitees, contractors or invitees for other persons, caused by: the condition, operation or maintenance of the Property; the acts of any damage to person employee, agent, licensee, invitee, or property caused by any act, omission or neglect contractor of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofthe Landlord, Tenant agrees to or other tenants of the Property; or the general public. Tenant shall indemnify, hold harmless and defend by counsel reasonably acceptable to Landlord Landlord, at Tenant’s sole cost and hold Landlord harmless ofexpense, from and against any and all claims, damages to property, injuries to persons, losses, damages, liabilities, claims, liens, costs liabilities and expenses (including, but not limited to, court costs, including reasonable attorneys’ fees and litigation expensesattorney’s fees) in connection with injury to or death of arising from any person or damage to or theft, loss or loss of the use of any property occurring in or about occurrence within the Premises arising from that is the fault of Tenant’s occupancy of the Premises, ; any act or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its Tenant’s employees, agents, licensees, invitees and contractors within the Property; or Tenant’s breach of any covenant under this Lease. In the event any suit shall be instituted against Landlord by any third person for which Tenant is hereby indemnifying and holding Landlord harmless, Tenant shall defend such suit at Tenant’s sole cost and expense with counsel reasonably satisfactory to Landlord; or, at Landlord’s election, Landlord may defend such suit, in which event Tenant shall pay Landlord, as Additional Rent, Landlord’s costs of such defense. The aforesaid indemnifications and obligations shall survive the Term; and, for purposes of Tenant’s obligations under this Section, the term “Landlord” shall mean and include Landlord and all members, managers, partners, directors, officers and shareholders of Landlord, their agents, employees, independent contractors, representatives, successors and assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 2 contracts

Samples: Standard Office Building Lease (Eargo, Inc.), Standard Office Building Lease (Eargo, Inc.)

Hold Harmless. a. 21.1 Tenant agrees to defend, with counsel reasonably approved by Landlord, all actions against Landlord, any member, partner, trustee, stockholder, officer, director, employee, or beneficiary of Landlord (collectively, “Landlord Parties”), holders of mortgages secured by the Premises or the Project and any other party having an interest therein (collectively with Landlord Parties, the “Indemnified Parties”) with respect to, and to pay, protect, indemnify, and save harmless, to the extent permitted by law, all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature to which any Indemnified Party is subject because of its estate or interest in the Premises or the Project arising from (a) injury to or death of any person, or damage to or loss of property on the Premises, or the use, condition, or occupancy of the Premises by Tenant, except to the extent, if any, caused by the negligence or willful misconduct of Landlord or any Indemnified Parties and not insured (or required to be insured) by Tenant under this Lease, (b) any violation of this Lease by or attributable to Tenant, or (c) subject to Section 13.4, any wrongful act, fault, omission, or other misconduct of Tenant or its agents, contractors, licensees, sublessees, or invitees. Tenant agrees to use and occupy the Premises and other facilities of the Project at its own risk, and hereby releases the Indemnified Parties from any and all claims for any damage or injury to the fullest extent permitted by law, except in each case, to the extent, if any, caused by the gross negligence or willful misconduct of Landlord or any Indemnified Parties and not covered by insurance carried by Tenant (or that would have been covered under insurance that Tenant is obligated to carry under this Lease). 21.2 Except to the extent caused by the gross negligence or willful misconduct of Landlord or any Landlord Parties in providing access to the Premises, Tenant agrees that (i) Landlord shall not be responsible or liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person fatal or non-fatal bodily injury or property caused damage occasioned by any act, omission the acts or neglect omissions of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisestenant, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any such other act or omission or willful misconduct of Tenant or any of its tenant’s agents, employees, contractorslicensees, assigns, subtenants, guest or invitees. b. Tenant , of the Project and (ii) Landlord shall not be liable to LandlordTenant for losses to property due to theft or burglary, its agentsor damages from criminal acts, servants, employees, contractors, customers or invitees for any damage to person or property caused done by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default persons on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any Project other grossly negligent act or omission or willful misconduct of than Landlord or any its employees or agents. Table of its agents or employees.Contents

Appears in 2 contracts

Samples: Lease Agreement (Adicet Bio, Inc.), Lease Agreement (resTORbio, Inc.)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of its agentsTenant, employeesand from all and against all cost, contractorsattorney's fees, assignsexpenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, subtenantsand, guest in any case, action or invitees. b. proceeding be brought against Landlord by reason of any such claim. Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or his agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defects in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 2 contracts

Samples: Sublease (Quokka Sports Inc), Sublease (Quokka Sports Inc)

Hold Harmless. a. Landlord (a) Mortgagor agrees that the Agency, its directors, members, officers, agents (except Mortgagor) and employees shall not be liable for and agrees to Tenantdefend, indemnify, release and hold the Agency, its agentsdirectors, servantsmembers, employeesofficers, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation agents (except Mortgagor) and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord employees harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesi) in connection with liability for loss or damage to property or injury to or death of any person and all persons that may be occasioned by, directly or damage indirectly, any cause whatsoever pertaining to the Mortgaged Property or theftarising by reason of or in connection with the use thereof or under this Mortgage, loss or loss (ii) liability arising from or expense incurred by the Agency’s acquisitions, construction, equipping, installation, owning, leasing or encumbering (including this Mortgage) of the use Mortgaged Property, including, without limiting the generality of the foregoing, all claims arising from the breach of Mortgagor of any property occurring in of its covenants contained herein, and all causes of action and reasonable attorneys’ fees (whether by reason of third party claims or about the Premises arising from Tenant’s occupancy by reason of the Premisesenforcement of any provision of the Mortgage (including, without limitation, this Section 14.5), and any other expenses incurred in defending any claims, suits or actions which may arise as a result of the conduct foregoing, provided that any such losses, damages, liabilities or expenses of the Agency are not incurred or do not result from the gross negligence or intentional or willful wrongdoing of the Agency or any of its business directors, members, officers, agents (except Mortgagor) or from any activity, work, employees. The foregoing indemnities shall apply notwithstanding the fault or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default negligence on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this LeaseAgency, or due to any other act or omission or willful misconduct of Tenant or any of its members, directors, officers, agents, or employees and irrespective of the breach of a statutory obligation or the application of any rule of comparative or apportioned liability. The foregoing indemnities are limited only to the extent of any prohibitions imposed by law, and upon the application of such prohibition by the final judgment or decision of a competent court of law, the remaining provisions of these indemnities shall remain in full force and effect. (b) Notwithstanding any other provisions of this Mortgage, the obligations of Mortgagor pursuant to this Section 14.5 shall remain in full force and effect after the termination of this Mortgage until the expiration of the period stated in the applicable statute of limitations during which a claim, cause of action or prosecution relating to the matters herein described may be brought and payment in full or the satisfaction of such claim, cause of action or prosecution relating to the matters herein described and the payment of all reasonable expenses and charges incurred by the Agency, or its respective members, directors, officers, agents (except Mortgagor) and the employees, contractors, assigns, subtenants, guest or inviteesrelating to the enforcement of the provisions herein specified. b. Tenant (c) In the event of any claim against the Agency or its members, directors, officers, agents (except Mortgagor) or employees by any employee or contractor of Mortgagor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the obligations of Mortgagor hereunder shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for limited in any damage to person or property caused way by any act, omission limitation on the amount or neglect type of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilitiescompensation, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to disability benefits or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesemployee benefit acts.

Appears in 1 contract

Samples: Credit Agreement (Gsi Group Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the Premises, or Building and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonable satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 1 contract

Samples: Office Building Lease (Diagnostic Retrieval Systems Inc)

Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Landlord against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligation on the Tenant’s part of Landlord to be performed pursuant to under the terms of this LeaseLease or arising from any act or negligence of Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorneys’ fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon. If any action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord’s negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises. (b) Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Premises or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act the negligence of Landlord, its agents, servants or omission or willful misconduct of employees. Landlord or any of its agents shall not be liable for interference with the light, air, or employeesfor any latent defect in the Premises.

Appears in 1 contract

Samples: Lease Agreement

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, from ------------- and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant Premises and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Landlord from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligation on the Tenant's part of Landlord to be performed pursuant to under the terms of this LeaseLease or arising from any act or negligence of Tenant or any officer, agent, employee, guest, or due to invitee of Tenant, and from all costs, attorneys' fees, liabilities incurred in or about the defense of any other grossly negligent act or omission or willful misconduct of Landlord such claim or any action or proceeding brought thereon. In any action or proceeding brought against Landlord by reason of such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Landlord shall not be liable to Tenant for damage to Tenant or Tenant's property or injury to persons in, upon, or about the Premises from any cause, except that Landlord shall be liable to Tenant for damage to Tenant or Tenant's property resulting from the intentional acts of Landlord, its agents or employees. Landlord or its agent shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the Building or from the pipes, appliances, or plumbing works therein or from the roof, street, or subsurface, or from any other place resulting from dampness, or from any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, or employees. Landlord or its agent shall not be liable for interference with the light or air, or for any latent defect in the Premises. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises.

Appears in 1 contract

Samples: Lease (Peerless Systems Corp)

Hold Harmless. a. Except to the extent of the negligence or willful misconduct of Landlord shall not be liable to Tenant, its or its’ agents, servants, employees, contractors, customers contractors or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofinvitees, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord shall indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) claims arising out of or in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s use or occupancy of the Premises, or the conduct of its business Premises or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, attorney’s fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person property entrusted by Tenant to agents or employees of Landlord (i.e., janitorial help), nor for loss or damage to any property caused by theft or otherwise, nor for any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to persons or theftproperty resulting from fire, loss explosion, falling plaster, steam, gas, electricity, water or loss rain which may leak from any part of the use of any property occurring in Building or about from the Premises arising pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any breach other place resulting from dampness or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant other cause whatsoever, except to the terms extent of this Lease, or due to any other grossly negligent act or omission the negligence or willful misconduct of Landlord or any of its’ agents, contractors or invitees. Landlord or its agents shall not be liable for interference with the light or employeesother incorporeal hereditaments, loss of business by Tenant, nor shall Landlord be liable for any latent defect in the Premises or in the Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment. Tenant agrees to defend and hold harmless Landlord from any and all claims for damages suffered or alleged to be suffered in or about the Premises, by any employee or other person, or any firm or corporation, except to the extent of the negligence or willful misconduct of Landlord or it’s agents, contractors or invitees.

Appears in 1 contract

Samples: Office Lease Agreement (Eschelon Telecom Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to property entrusted to employees of the building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 1 contract

Samples: Lease Addendum (Coast Bancorp)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by the Tenant in or about the Premises, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attorney’s fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord’s negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light, employeesair, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesPremises.

Appears in 1 contract

Samples: Shopping Center Lease (La Rosa Holdings Corp.)

Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant's customers, employees, agents, guests or invitees, or to any other person whomever, for any injury to persons or damage to property on or about the Leased Premises or the Property including but not limited to, damages, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Leased Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Leased Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by any actthe improvements located in the Leased Premises becoming out of repair or by defect in or failure of equipment, omission pipes, or neglect wiring, or by broken glass, or by the backing up of Tenant. Without limiting drains, or being limited by gas, water, steam, electricity or oil leaking, escaping or flowing into the Leased Premises or Property, (5) criminal acts or entry by any other indemnity in this Leaseperson into the Leased Premises or the Property or (6) arising out of the failure or cessation of any service provided by Landlord, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to arising out of such damage or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. Nor shall not Landlord be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other tenants of the Property or being limited by of any other indemnity in this Leasepersons whomsoever, but rather in confirmation excepting only duly authorized employees and furtherance thereofagents of Landlord acting within the scope of their authority. Further, Landlord Xxxxxx specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and indemnify and hold Tenant Landlord harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesLeased Premises.

Appears in 1 contract

Samples: Lease Agreement

Hold Harmless. a. Landlord 13.a. Tenant shall not be liable to Tenantdefend, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord free and harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by Tenant in or about the PremisesPremises or the Project, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Leaseand shall further defend, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant Landlord free and harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part obligations of Landlord to be performed pursuant to the terms of Tenant under this Lease, or due to arising from any other grossly negligent act or omission negligence of the Tenant, or any officer, agent, employee, guest or invitee of Tenant, and from and against all costs, attorney fees, expenses and liabilities incurred as a consequence of such claims. In any case, action or proceeding brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's sole expense by counsel reasonably satisfactory to Landlord, or Landlord shall have the right to retain its own counsel to defend any action at the cost of Tenant. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause and Tenant hereby waives all claims in respect thereof against Landlord other than damage and/or injury attributable to gross negligence or willful misconduct of by Landlord, its agents, employees and officers. 13.b. Neither Landlord nor its agents and employees shall be liable to Tenant for any damage to Tenant's property upon the Premises, nor for loss or damage to any property resulting from fire, explosion, falling plaster, theft, steam, gas, electricity, water or any of other cause whatsoever. Neither Landlord nor its agents shall be liable for loss of business by Tenant nor shall Landlord be liable for any latent defect in the Premises or the Project. Tenant shall give prompt notice to Landlord of fire or accidents in the Premises or the Project or any defects therein, including the fixtures and equipment. Notwithstanding the foregoing, however, Landlord shall be responsible for Landlord's gross negligence and willful misconduct. 13.c. Each of the parties hereto agree to defend, indemnify and hold the other party free and harmless from and against any and all claims of any kind or nature caused by or arising from the actions of such indemnifying party, or their respective agents, representatives or employees, during the term hereof. Any insurance proceeds received by either party as a result of any damage or injury covered by this Article 13 shall be applied toward or credited against, as appropriate, the obligations of any indemnifying party under this Article 13.

Appears in 1 contract

Samples: Lease Agreement (Whole Living Inc)

Hold Harmless. a. Landlord 13.a. Tenant shall not be liable to Tenantdefend, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord free and harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by Tenant in or about the PremisesPremises or the Project, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Leaseand shall further defend, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant Landlord free and harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part obligations of Landlord to be performed pursuant to the terms of Tenant under this Lease, or due to arising from any other grossly negligent act or omission negligence of the Tenant, or any officer, agent, employee, guest or invitee of Tenant, and from and against all costs, attorney fees, expenses and liabilities incurred as a consequence of such claims. In any case, action or proceeding brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's sole expense by counsel reasonably satisfactory to Landlord or Landlord shall have the right to retain its own counsel to defend any action at the cost of Tenant. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause and Tenant hereby waives all claims in respect thereof against Landlord other than damage and/or injury attributable to gross negligence or willful misconduct of by Landlord, its agents, employees and officers. 13.b. Neither Landlord nor its agents and employees shall be liable to Tenant for any damage to Tenant's property upon the Premises, nor for loss or damage to any property resulting from fire, explosion, falling plaster, theft, steam, gas, electricity, water or any of other cause whatsoever. Neither Landlord not its agents shall be liable for loss of business by Tenant nor shall Landlord be liable for any latent defect in the Premises or the Project. Tenant shall give prompt notice to Landlord of fire or accidents in the Premises or the Project or any defects therein, including the fixtures and equipment. Notwithstanding the foregoing, however, Landlord shall be responsible for Landlord's gross negligence and willful misconduct. 13.c. Each of the parties hereto agree to defend, indemnify and hold the other party free and harmless from and against any and all claims of any kind or nature caused by or arising from the actions of such indemnifying party, or their respective agents, representatives or employees, during the term hereof. Any insurance proceeds received by either party as a result of any damage or injury covered by this Article 13 shall be applied toward or credited against, as appropriate, the obligations of any indemnifying party under this Article 13.

Appears in 1 contract

Samples: Office Building Lease (Schimatic Cash Transactions Network Com Inc)

Hold Harmless. a. Unless and to the extent caused by Landlord's ------------- negligence or willful misconduct, Landlord shall not be liable to Tenant or to Tenant's customers, employees, agents, guests or invitees, or to any other person whomever, for any injury to persons or damage to property on or about the Premises, including but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by the improvements located in the Premises becoming out of repair or by defect in or failure of equipment, pipes, or wiring, or by broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Premises or Property, or (5) arising out of the failure or cessation of any actservice provided by Landlord (including security service and devices), omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to arising out of such damage or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. Nor shall not Landlord be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage that may be occasioned by or through the acts or omissions of other tenants of the Property or of any other persons whomsoever, excepting only duly authorized employees and agents of Landlord acting within the scope of their authority. Further, Tenant specifically agrees to person be responsible for and indemnify and hold Landlord harmless from any and all damages or property expenses of whatever kind arising out of or caused by any acta burglary, omission theft, vandalism, malicious mischief or neglect of other illegal acts performed in, at or from the Premises unless caused by Landlord's negligence or willful misconduct. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Tenant and hold Tenant harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to or death of any person or damage to or theft, loss or loss arising out of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission negligence or willful misconduct of Landlord or any of its agents or employeesLandlord.

Appears in 1 contract

Samples: Lease Agreement (Liposcience Inc)

Hold Harmless. a. Except to the extent attributable to the negligence or willful misconduct of Landlord, Landlord shall not be liable to Tenant for any damages to the Premises or the Property, nor for any damages to Tenant on or about the Property, nor for any other damages arising from the action of Landlord, Tenant, its agentsco-tenants or other occupants of the Property; and Tenant hereby releases, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation discharges and furtherance thereof, Tenant agrees to shall indemnify, hold harmless and defend by counsel reasonably acceptable to Landlord Landlord, at Tenant’s sole cost and hold Landlord harmless ofexpense, from and against any and all losses, claims, liability, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, including reasonable attorneys’ fees and litigation expensesattorney’s fees) in connection with due to any damage or injury to persons or death of any person or damage to or theft, loss or loss property of the use parties hereto or of any property occurring in or about the Premises arising from third persons, caused by Tenant’s use or occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any Tenant’s breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of under this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the Tenant’s use of any equipment, facilities or property occurring in in, on, or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant adjacent to the terms Property. In the event any suit shall be instituted against Landlord by any third person for which Tenant is hereby indemnifying and holding Landlord harmless, Tenant shall defend such suit at Tenant’s sole cost and expense with counsel reasonably satisfactory to Landlord; or, in Landlord’s discretion, Landlord may elect to defend such suit, in which event Tenant shall pay Landlord, as Additional Rent, Landlord’s costs of such defense. This Paragraph shall survive the expiration or earlier termination of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 1 contract

Samples: Lease Agreement (Shutterfly Inc)

Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant's customers, employees, agents, guests or invitees, or to any other person whomever, for any injury to persons or damage to property on or about the Leased Premises or the Common Area, including but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Leased Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Leased Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by the improvements located in the Leased Premises becoming out of repair or by defect in or failure of equipment, pipes, or wiring, or by broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Leased Premises or Property, or (5) arising out of the failure or cessation of any actservice provided by Landlord, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to arising out of such damage or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. Nor shall not Landlord be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other tenants of the Property or being limited by of any other indemnity in this Leasepersons whomsoever, but rather in confirmation excepting only duly authorized employees and furtherance thereofagents of Landlord acting within the scope of their authority. Further, Landlord Tenant specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and indemnify and hold Tenant Landlord harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesLeased Premises.

Appears in 1 contract

Samples: Office Lease Agreement

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing done, things which may be permitted or suffered by Tenant in or about the PremisesPremises and shall further indemnify, defend, and hold Landlord harmless from and against any and all claims (including, without limitation, for death or injury to person or persons or property damage) arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms provision of this Lease, Lease or due to arising from any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractorsor invitees, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees attorney’s fees, expenses, and litigation expenses) liabilities incurred in connection with the defense of any such claim or any action or proceeding brought thereon. Tenant hereby assumes all risk of damage to the Premises or injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring persons in or about the Premises arising from any breach cause, and Tenant hereby waives all claims in respect thereof against Landlord, excepting where said damage, injury or default death, arises out of the gross negligence or wilful misconduct of Landlord. Notwithstanding anything herein to the contrary, Landlord shall indemnify, defend and hold harmless, Tenant from any claims of any nature or kind which arise from or relate to, or are alleged to arise from or relate to, any use, business, activity, work or other things permitted to have been done on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant Premises prior to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesdate hereof.

Appears in 1 contract

Samples: Lease Agreement (Bolt Technology Corp)

Hold Harmless. a. Landlord shall (a) Lessee agrees that Lessor is not, and during the Term hereof will not be be, liable to TenantLessee or Lessee’s employees, its agents, invitees, or visitors, or to any other person, claiming by, through or under Lessee for any injury to person or damage to property on or about the Leased Premises or for loss of or damage to Lessee’s business caused solely by any act or omission of Lessee, respective agents, servants, invitees, or employees, contractorsor of any other person entering upon the Leased Premises under express or implied invitation, customers or, to the extent Lessee shall be required to maintain the same, caused solely by any of the improvements located on the Leased Premises becoming out of repair, or invitees for any damage to person or property caused by any actleakage of gas, omission oil, water or neglect of Tenantsteam or by electricity emanating from the Leased Premises. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant Lessee agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless ofLessor of and from any loss, from attorney’s fees, expenses or claims arising out of any such damage or injury caused solely by Lessee or any of Lessee’s employees, agents, invitees, or visitors. (b) Lessor agrees that Lessee is not, and against during the Term hereof will not be, liable to Lessor or Lessor’s employees, agents, invitees, or visitors, or to any and all lossesother person, damagesclaiming by, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with through or under Lessor for any injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in on or about the Premises arising from TenantBuilding or for loss of or damage to Lessor’s occupancy of the Premises, or the conduct of its business or from caused solely by any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission of Lessor or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its respective agents, servants, invitees, or employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Leaseperson entering upon the Leased Premises under express invitation of Lessor or caused solely by improvements located on or about the Building becoming out of repair or caused solely by leakage of gas, but rather in confirmation and furtherance thereofoil, Landlord water or steam or by electricity emanating from the Building. Lessor agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant Lessee harmless ofof and from any loss, from and against any and all lossesattorney fees, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death claims arising out of any person such damage or damage to injury caused by Lessor or theftLessor’s employees, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseagents, invitees, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesvisitors.

Appears in 1 contract

Samples: Lease Agreement (QTS Realty Trust, Inc.)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing other things done, permitted permitted, or suffered by Tenant in or about the Premises, or Premises and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, Lease or due to arising from any other act or omission or willful misconduct negligence of Tenant or any officer, agent, employee, guest, or invitee of its agentsTenant, employeesand from all costs, contractorsattorneys' fees, assignsand liabilities incurred in or about the defense of any such claim or any action or proceeding brought there on and in case any action or proceeding be brought against Landlord by reason of such claim, subtenantsTenant, guest upon notice from Landlord, shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or invitees. b. Tenant shall not be liable injury to persons in, upon, or about the Premises from any cause other than the negligence of Landlord, its agents, servants, employees, contractors, customers or invitees employees and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agent shall not be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person loss or damage to persons or theftproperty resulting from fire, loss explosion, falling plaster, steam, gas, electricity, water, or loss rain which may leak from any part of the use of any property occurring in Building or about Project or from the Premises arising pipes, appliances, or plumbing works therein or from the roof, street, or subsurface, or from any breach other place resulting from dampness, or default on the part of Landlord in the performance of from any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseother cause whatsoever, unless caused by or due to any other grossly negligent act the negligence of Landlord, its agents, servants, or omission or willful misconduct of employees. Landlord or its agent shall not be liable for interference with the light or air, but shall be responsible for any latent defect in the Premises. Tenant shall give prompt notice to Landlord in case of its agents casualty or employeesaccidents in the Premises.

Appears in 1 contract

Samples: Sublease (Coinstar Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against any from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its business business, or from any activity, work, or thing other things done, permitted or suffered by the Tenant in or about the Premises, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct of Tenant the Tenant, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees. b. invitee of Tenant, and from all costs, attorneys’ fees and liabilities incurred in or about the defense of any such claim, or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel designated by Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk or damage to property or injury to persons in, upon or about the Premises from any cause other than Landlord’s negligence or gross or intentional misconduct; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents on the Premises. Landlord or its agents shall not be liable for any loss or damage to persons or property, or Tenant’s business, resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the property or from the pipes, appliances or plumbing works thereon, or from the roof, street or subsurface, or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or air, employees, contractors, customers or invitees for any damage to person or property caused by latent defect in the Premises for any act, omission damages arising from any act or neglect of Landlord. Without limiting or being limited by any other indemnity in this Leasetenant, but rather in confirmation and furtherance thereofoccupant or user, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against nor for any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises damages arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part failure of Landlord to be performed pursuant to enforce the terms of this Lease, provisions or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeeslease agreement.

Appears in 1 contract

Samples: Commercial Lease (Internet Media Services, Inc.)

Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant This Lease is made upon the express condition that Lessee agrees to indemnifykeep, defend by counsel reasonably acceptable to Landlord save and hold Landlord harmless ofLessor free from all liability, from and against any and all penalties, losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with , causes of action, claims and/or judgments arising by reason of any injury or damage to or death of any person or damage persons, including without limitation, Lessee, its servants, agents and employees, or property of any kind whatsoever and to whomsoever belonging, including without limitation, Lessee's, its servants', agents', and employees', from any cause or theftcauses whatsoever, including leakage, while in, upon or in any way connected with said demised Premises, of its appurtenances during the term of this Lease or any occupancy hereunder, Lessee hereby covenanting and agreeing to indemnify, protect and save Lessor harmless from all liability, loss costs and obligations on account of or loss arising out of any such injuries or losses, however incurring. Lessee, as a material part of the use consideration to be rendered to Lessor, hereby waives all claims against Lessor for damages to goods, wares and merchandise in, upon of any property occurring about the Premises and for injuries to Lessee, his agents or third persons in or about the Premises from any cause arising at any time including, without limiting the generality of the foregoing, damages arising from Tenant’s occupancy acts or omissions of other tenants of the Premisesbuilding of which the Premises are a part. Notwithstanding the foregoing, in no event shall the Lessee be liable for damages or injury occasioned by the conduct gross negligence or intentional acts or omissions of its business the Lessor or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its Lessor's designated agents, employees, contractors, assigns, subtenants, guest servants or invitees. b. Tenant employees in which case the Lessor shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant the Lessee harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss damages arising out of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeessame.

Appears in 1 contract

Samples: Consent to Sublease (Biomarin Pharmaceutical Inc)

AutoNDA by SimpleDocs

Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss claims arising from Tenant`s use of the use of any property occurring in Premises or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by Tenant in or about the Premises, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any officer, agent, employee, guest, or invitees of its agentsTenant, employeesand from all costs, contractorsattorneys' fees, assignsand liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon. If any action or proceeding be brought against Landlord by reason of such claim, subtenantsTenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, guest as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or inviteesinjury to persons in, upon or about the Premises, from any cause other than Landlord's negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises. b. Tenant (b) Landlord or its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Shopping Center or from the pipes, appliances, plumbing, sparks therein or from the roof, street or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light, employeesair, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesPremises.

Appears in 1 contract

Samples: Lease Agreement (New Energy Corp)

Hold Harmless. a. A. The Tenant also agrees to and shall save, hold and keep harmless and indemnify the Landlord shall not be liable from and for any and all payments, expenses, costs, attorney fees and from and for any and all claims and liability for losses or damage to property or injuries to persons occasioned wholly or in part by or resulting from any acts or omissions by the Tenant or the Tenant, its 's agents, servants, employees, contractorsguests, customers licensees, invitees, subtenants, assignees or invitees successors, or for any damage to person cause or property caused reason whatsoever arising out of or by any act, omission or neglect reason of the occupancy by the Tenant and the conduct of the Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, 's business. B. Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord shall indemnify and hold the Landlord harmless of, from and against any and all suits, actions, damages, losses, damagespenalties, liabilities, claims, liens, costs and expenses (including, but not limited to, court costswithout limitation, reasonable attorneys’ fees and litigation expenses) attorney's fees, which the Landlord may suffer or incur in connection with injury to (i) any matter, cause or death thing arising out of any person Tenant's use, occupancy, control or damage to or theft, loss or loss management of the use of Demised Premises; (ii) any property occurring in or about the Premises arising from Tenant’s occupancy of the Premisesnegligence, or the conduct acts of its business omission or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default commission on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers employees or invitees for invitees; (iii) any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default failure on the part of Landlord Tenant to perform or comply with any of the covenants, agreements, terms or conditions contained in the performance of any covenant or agreement this Lease on the its part of Landlord to be performed pursuant or complied with; (iv) any loss of life, bodily or personal injury or property damage which is not due to the terms fault of this Leasethe Landlord, its employees, contractors or due agents. Landlord shall promptly notify Tenant of any such claim asserted against it and shall promptly send to Tenant copies of all papers or legal process served upon it in connection with an action or proceeding brought against Landlord by reason of any other grossly negligent act or omission or willful misconduct of such claim. Nothing herein shall impose on Tenant any obligation to indemnify Landlord or any of its agents or employeesfor Landlord's negligence.

Appears in 1 contract

Samples: Lease Agreement (KMC Telecom Holdings Inc)

Hold Harmless. a. Landlord shall not be liable Except to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property the extent caused by any act, omission Landlord’s negligence or neglect of Tenantwillful misconduct. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation Tenant shall indemnify and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to hold harmless Landlord and hold Landlord harmless of, Landlord’s individual or corporate partners against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by the Tenant in or about the Premises, and shall further indemnify and hold harmless Landlord and Landlord’s individual or corporate partners against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, reasonable attorney’s fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding to be brought against Landlord, and/or its individual or corporate partners, by reason of such claim. Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord’s negligence or willful misconduct of misconduct, and Tenant hereby waives all claims in respect thereof against Landlord and/or its individual or any of its agents, employees, contractors, assigns, subtenants, guest corporate partners. Landlord and Landlord’s individual or invitees. b. Tenant corporate partners and Landlord’s agents shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any loss or damage to person persons or property caused by resulting from fire, explosion, earthquake, landslide, flood, mudflow, earth sinking or shift or rising, insects, vermin or rodents, pollution from any actsource or location, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses contamination (including, but not limited to, court coststoxic waste and hazardous waste) from any source or location, reasonable attorneys’ fees poison, windstorm, tidal wave, wind or water carried objects, hail, aircraft, vehicles, riot or civil commotion, vandalism or malicious mischief, sprinklers (both tire and litigation expenses) in connection with injury to landscape), public handicap provisions or death lack thereof falling objects, including, but not limited to, walls, structure, ceiling or roof systems, broken or damaged utility services, including, but not limited to, steam lines, gas lines, electric lines and panels, and water lines, or any type of appliances or tanks, including, but not limited to, water storage tanks, propane or gas tanks, water heaters, boilers, air-conditioning equipment: seepage or flooding from sea water, ground water, lagoon water, rainwater, run-off from or discharge of any person type of liquid or gas, or any type of loss or damage from the subsurface of the earth, ground surface (including, but not limited to, bodies of water such as oceans, lakes, rivers, streams, reservoirs, ditches), atmosphere, or any other cause whatsoever or from any other place whatsoever which may cause loss or damage to or theft, loss or loss any part of the use of any property occurring in Project, Premises, persons or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseproperty, unless caused by or due to any other grossly negligent act or omission the negligence or willful misconduct of Landlord or any of its agents agents, servants, or employees. Landlord or its agents shall not be liable for interference with the light, air, or for any latent defects in the Premises. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Premises.

Appears in 1 contract

Samples: Lease (Sunesis Pharmaceuticals Inc)

Hold Harmless. a. 21.1 Tenant agrees to defend, with counsel approved by Landlord, all actions against Landlord, any partner, trustee, stockholder, officer, director, employee, or beneficiary of Landlord, holders of mortgages secured by the Leased Premises or the Building Complex and any other party having an interest therein (the "Landlord's Indemnified Parties") with respect to, and to pay, protect, indemnify and save harmless, to the extent permitted by law, all Landlord's Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys' fees and expenses), causes of action, suits, claims, demands, or judgments of any nature to which any Indemnified Party is subject because of its estate or interest in the Leased Premises or the Building Complex arising from (i) injury to or death of any person, or damage to or loss of property, on the Leased Premises, the Building Complex, or, to the extent caused by or attributable to Tenant, on adjoining sidewalks, streets or ways, or, in any of the foregoing cases, connected with the use, condition, or occupancy, of the Leased Premises, the Building Complex sidewalks, streets, or ways unless caused by the negligence of Landlord or its servants or agents, (ii) violation of this Lease by or attributable to Tenant, or (iii) any act, fault, omission, or other misconduct of Tenant or its agents, contractors, licenses, sublessees, or invitees. Tenant agrees to use and occupy the Leased Premises and other facilities of the Building Complex at its own risk, and hereby releases the Landlord's Indemnified Parties from any and all claims for any damage or injury to the fullest extent permitted by law. 21.2 Tenant agrees that Landlord shall not be responsible or liable to Tenant, its agents, servantsemployees, licensees, or invitees for fatal or non-fatal bodily injury or property damage occasioned by the acts or omissions of any other tenant, or such other tenant's agents, employees, contractorslicensees, customers or invitees for invitees, of the Building Complex. 21.3 Landlord agrees to defend, with counsel approved by Tenant, all actions against Tenant, any damage to person partner, trustee, stockholder, officer, director, employee, or property caused by any act, omission or neglect beneficiary of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation (the "Tenant's Indemnified Parties") and furtherance thereofto pay, Tenant agrees to protect, indemnify, defend and save harmless, to the extent permitted by counsel reasonably acceptable to Landlord and hold Landlord harmless oflaw, all Tenant's Indemnified Parties from and against against, any and all liabilities, losses, damages, liabilitiescosts, expenses (including reasonable attorneys' fees and expenses), causes of action, suits, claims, liensdemands, costs and expenses or judgments of any nature to which any Tenant's Indemnified Party is subject because of its estate or interest in the Leased Premises arising from (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesi) in connection with injury to or death of any person person, or damage to or theft, loss or loss of property, in the use of any property occurring in or about the Premises arising from Tenant’s occupancy common areas of the PremisesBuilding Complex, or unless caused by the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct negligence of Tenant or any of its servants or agents, employees, contractors, assigns, subtenants, guest (ii) violation of this Lease by or invitees. b. Tenant shall not be liable attributable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by (iii) any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Leasefault, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Leaseomission, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents agents, contractors, licenses, or employeesinvitees.

Appears in 1 contract

Samples: Lease Agreement (Accent Color Sciences Inc)

Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant’s customers, employees, agents, guests or invitees, or to any other person, for any injury to person or damage to property on or about the Leased Premises or the Facility, including, but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Facility or property the Leased Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Leased Premises or the Facility by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) caused by the improvements located in or at the Leased Premises becoming out of repair or by defect in or failure of equipment, pipes, or wiring, or by broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Leased Premises or Facility, or (4) arising out of the failure or cessation of any act, omission or neglect of Tenantservice provided by Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expensesfees) in connection with injury to or death arising out of any person such damage or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other tenants of the Facility or being limited by of any other indemnity in this Leasepersons whomsoever. Further, but rather in confirmation and furtherance thereof, Landlord Tenant specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and indemnify and hold Tenant Landlord harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in Leased Premises. Tenant’s obligations under this Section shall survive the expiration or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms earlier termination of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employees.

Appears in 1 contract

Samples: Sublease Agreement

Hold Harmless. a. Neither Prime Lessor nor Landlord shall not be liable to Tenant, its or to Tenant’s agents, servants, employees, contractors, customers or invitees or to any other person whomsoever for any injury or damage to person or property caused by or arising out of any act, omission or neglect of Tenant. Without limiting , its agents, contractors, subtenants, employees, customers, licensees, concessionaires or being limited by invitees or any other indemnity in this Leaseperson entering the Building under express or implied invitation of Tenant, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord and Prime Lessor harmless of, from all liability and against claims for any such damage and from all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, damages or liabilities arising out of any of the foregoing, including without limitation reasonable attorneys’ fees and litigation expenses) all other out-of-pocket expenses incurred in connection with injury therewith. In any case in which Tenant has agreed to indemnify Prime Lessor or death of Landlord or any person or damage other person, such indemnity shall be deemed to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement include an obligation on the part of Tenant to be performed pursuant appear on behalf of the indemnified party in any and all proceedings involving a claim or cause of action covered by such indemnity and to defend the terms indemnified party against such claim or cause of action, all at Tenant’s cost; provided, however, at the option of any party indemnified hereunder, such party shall have the right to appear on its own behalf, employ its own legal counsel and defend any claim or cause of action indemnified in this LeaseSection, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. all at Tenant’s cost. Tenant shall not be liable to Landlord, its or to Landlord’s agents, servants, employees, contractors, customers or invitees or to any other person whomsoever for any injury or damage to person or property to the extent caused by or arising out of any act, negligent or wrongful act or omission or neglect of Landlord. Without limiting , its agents, contractors, subtenants, employees, customers, licensees, concessionaires or being limited by any other indemnity in this Leaseinvitee, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant harmless of, from all liability and against claims for any such damage and from all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, damages or liabilities arising out of any of the foregoing, including without limitation reasonable attorneys’ fees and litigation expenses) all other out-of-pocket expenses incurred in connection with injury therewith. In any case in which Landlord has agreed to indemnify Tenant or death of any person or damage other person, such indemnity shall be deemed to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement include an obligation on the part of Landlord to be performed pursuant appear on behalf of the indemnified party in any and all proceedings involving a claim or cause of action covered by such indemnity and to defend the terms indemnified party against such claim or cause of action, all at Landlord’s cost; provided, however, at the option of any party indemnified hereunder, such party shall have the right to appear on its own behalf, employ its own legal counsel and defend any claim or cause of action indemnified in this LeaseSection, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesall at Landlord’s cost.

Appears in 1 contract

Samples: Lease (Entrada Therapeutics, Inc.)

Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant’s customers, employees, agents, guests or invitees, or to any other person whomever, for any injury to persons or damage to property on or about the Premises or the Common Area, including but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by the improvements located in the Premises becoming out of repair or by defect in or failure of equipment, pipes, or wiring, or by broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Premises or Property, or (5) arising out of the failure or cessation of any act, omission or neglect of Tenantservice provided by Landlord (including security service and devices). Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees fees) (a) caused by any act or omission of Tenant, its employees, subtenants, licensees and litigation expenses) in connection with injury to concessionaires or death of any other person entering the Property or damage to the Premises by express or theftimplied invitation of Tenant, loss or loss (b) arising out of the use of any property occurring in or about the Premises arising from or the Property by Tenant’s occupancy of the Premises, its employees, subtenants, licensees, concessionaires or invitees, or the conduct (c) arising out of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of by Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant obligations hereunder. Nor shall not Landlord be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other tenants of the Property or being limited by of any other indemnity in this Leasepersons whomsoever, but rather in confirmation excepting only duly authorized employees and furtherance thereofagents of Landlord acting within the scope of their authority. Further, Landlord Tenant specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and indemnify and hold Tenant Landlord harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in Premises, except for damages or about the Premises arising expenses resulting from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this LeaseLandlord’s, or due to any other grossly negligent act Landlord’s agents’ employees’, officers’, or omission directors’ gross negligence or willful misconduct of Landlord or any of its agents or employeesmisconduct.

Appears in 1 contract

Samples: Lease Agreement (Heartland Payment Systems Inc)

Hold Harmless. a. Landlord shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises Premises, the Building or the Project arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, the Building or the Project, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. sub-tenants. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises Premises, the Building or the Project arising from the conduct of Landlord’s business or from any activity, work, or thing done, by Landlord in or about the Premises, the Building or the Project, or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents agents, employees, contractors, or employeesassigns.

Appears in 1 contract

Samples: Office Lease Agreement (Kirklands Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenantindemnify and hold harmless Landlord, and its agentsparent, servantslender, officers, agents and employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation against and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against (i) any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, work or thing other things done, permitted or suffered by the Tenant in or about the Premises, or the Building and the property upon which the Building is located, (ii) any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct of Tenant the Tenant, or any officer, agent, employee, licensee or invitee of Tenant, and (iii) all cost, reasonable attorneys' fees, expenses and liabilities incurred in connection with any such claim or any action or proceeding brought thereon. Notwithstanding anything herein to the contrary, Tenant's indemnification hereunder shall be deemed to include the acts and negligent omissions of Tenant, its assignees, subtenants or licensees, and/or any of their respective agents, employees or invitees. In the event any case, action or proceeding shall be brought against Landlord by reason of any such claim, Tenant shall, upon written notice from Landlord, defend the same, at Tenant's sole cost and expense, by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, the Building and the property upon which the Building is located from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord and its parent, lenders, officers, agents and employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Tenant or to Tenant's officers, employees, agents, licensees, or invitees, or to any other person whomsoever, for any loss or damage to property, nor for any injury to or damage to persons resulting from any part of the Building or the land upon which the Building is located or related improvements or appurtenances thereto becoming out of repair, any defect in or failure of pipes or wiring, the backing up of any drains or the bursting or leaking of any pipes, faucets and plumbing fixtures, any gas, water, steam, electricity, oil or rain leaking, escaping or flowing into the Premises from any part of the Building, or from the pipes, appliances, or plumbing works therein or from the roof, street, or subsurface or from any other place resulting from dampness, moisture or water from whatever source, theft, fire, explosion, act of God, riot, war, insurrection, court order or order of governmental authority or any other matter beyond the control of the Landlord, unless caused by or due to the gross negligence or willful misconduct of Landlord, its agents, servantsservants or employees. Landlord and its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment located therein.

Appears in 1 contract

Samples: Office Building Lease (Aratana Therapeutics, Inc.)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done or permitted by Tenant in or about the Property, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, reasonable attorneys’ fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord shall defend the same at Tenant’s expense. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord’s gross negligence or willful and wanton acts. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the gross negligence or willful and wanton acts of Landlord, its agents, servants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditament, loss of business by Tenant, nor shall Landlord be liable for any latent defects in the Premises or in the Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein. b. Landlord shall indemnify and hold harmless Tenant against and from any and all claims arising from Landlord’s activity, work, or other thing done, permitted or suffered by Tenant Landlord in or about the PremisesProperty, or and shall further indemnify and hold harmless Tenant against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Landlord’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to any other act or omission arising from the gross negligence or willful misconduct or wanton acts of Tenant Landlord, or any officer, agent, or employee of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from all and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees fees, expenses and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring liabilities incurred in or about the Premises arising from any breach such claim or default on the part of Landlord any action or proceeding brought thereon, and, in the performance any case, action or proceeding be brought against Tenant by reason of any covenant or agreement on such claim, Landlord, upon notice from Tenant shall defend the part of Landlord to be performed pursuant same at Landlord’s expense. c. Notwithstanding anything contained herein to the terms of this Leasecontrary, neither Landlord nor Tenant shall have any liability to the other for any consequential, indirect, special, punitive or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesexemplary damages.

Appears in 1 contract

Samples: Lease (Signal Genetics, Inc.)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted permitted, or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, attorneys' fees, expenses, and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action, or proceeding to be brought against landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon, or about the Premises, from any cause other than landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to property entrusted by Tenant to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the Building or from the pipes, appliances, or plumbing works therein or from the roof, street, or subsurface, or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servants, or employees, contractors, customers . Landlord or invitees its agents shall not be liable for any damage to person interference with the light or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theftincorporeal hereditaments, loss of business by Tenant, or loss of the use of any property occurring latent defect in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 1 contract

Samples: Lease Agreement (Synon Corp)

Hold Harmless. a. Landlord 14.01 Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, reasonable attorneys' fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord shall defend the same at Tenant's expense. Landlord shall immediately give Tenant notice of such claim, and shall cooperate with the Tenant in all reasonable respects. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord's negligence or willful misconduct of Tenant acts. Landlord or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servants, servants or employees, contractorsor any default in the fulfillment of the Landlord's obligations under this Lease. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditament, customers or invitees loss of business by Tenant, nor shall Landlord be liable for any damage latent defects in the Premises or in the Building (subject to person or property caused by any act, omission or neglect Tenant's rights as set forth in Section 32(d) of Landlord. Without limiting or being limited by any other indemnity in this Lease). Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment which Tenant has actual knowledge of. 14.02 Subject to the waiver of subrogation contained in Section 15, but rather in confirmation to the extent Tenant is not covered by Landlord's and furtherance thereofTenant's insurance, Landlord shall, and hereby agrees to indemnifyto, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, including reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any life, bodily or personal injury or property occurring in or about the Premises damage arising from any breach or default on the part of Landlord occurrence in the performance Common Areas of any covenant the Building or agreement the land on which the part of Landlord to be performed pursuant Building is located, except to the terms extent of this Lease, the acts or due to any other grossly negligent act or omission or willful misconduct omissions of Landlord or any of its agents or employeesTenant.

Appears in 1 contract

Samples: Lease (New Frontier Media Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Building or from the conduct of its business or from any activity, work, or thing other things done, permitted or suffered by the Tenant in In or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in In the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitees of Tenant, and from ail costs, attorney’s fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord, Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Building, from any cause other than Landlord’s negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt notice to Landlord in case of casualty or accidents in the Building. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any loss or damage to persons or properly resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light, employeesair, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesBuilding.

Appears in 1 contract

Samples: Building Lease (VCG Holding Corp)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, attorneys' fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding to be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to Landlordproperty entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by tenant, contractors, customers or invitees nor shall landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord latent defect in the performance premises or in the building. Tenant shall give prompt notice to landlord in case of any covenant fire or agreement on accidents in the part premises or in the building or of Landlord to be performed pursuant to defects therein or in the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 1 contract

Samples: Office Building Lease (Fair Isaac & Company Inc)

Hold Harmless. a. Subject to the provisions of Section 15 below and to the extent not funded and paid to Landlord shall not be liable to by any insurance maintained by Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to shall indemnify, defend by counsel reasonably acceptable to Landlord and hold harmless Landlord harmless of, against and from and against any and all lossesclaims, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, including reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises extent arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, work or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify, defend and hold harmless Landlord against and from any and all claims to the extent arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to from any other act or omission negligence of the Tenant, or any officer, agent, employee, guest or invitee of Tenant, and from all and against all reasonable cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, if any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel selected by Tenant and approved in writing by Landlord such approval not to be unreasonably withheld or delayed. Notwithstanding the preceding sentence, such indemnification by Tenant and such assumption and waiver of claims shall not include damage or injury to the extent caused by the negligence or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, employees or contractors, customers or invitees for any damage . Subject to person or property caused Section 15 below and to the extent not funded and paid to Landlord by any act, omission or neglect of Landlord. Without limiting or being limited insurance maintained by any other indemnity in this Lease, but rather in confirmation and furtherance thereofTenant, Landlord agrees to shall indemnify, defend by counsel reasonably acceptable to Tenant and hold harmless Tenant harmless of, against and from and against any and all lossesclaims, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, including reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises extent arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligation on the Landlord's part of Landlord to be performed pursuant to under the terms of this Lease, or due from any act or negligence of Landlord, or any officer, agent, employee, guest or invitee of Landlord, and from and against all reasonable costs, attorneys' fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, if any case, action or proceeding be brought against Tenant by reason of any such claim, Landlord upon notice from Tenant, shall defend same at Landlord's expense by counsel selected by Landlord and approved in writing by Tenant, such approval not to be unreasonably withheld or delayed. Notwithstanding any other provision of this Lease to the contrary, Landlord shall not be responsible for any damages relating to Tenant's loss of business resulting from an event requiring indemnification pursuant to this Section. Landlord shall not be liable to Tenant and Tenant hereby waives all claims against Landlord or its affiliates for any injury or damage to any other grossly negligent act person or omission property occurring or incurred in connection with or in any way relating to the Premises, the Building or the Property from any cause, excepting the gross negligence or willful misconduct of Landlord. Without limiting the foregoing, neither Landlord or nor any of its agents Affiliates shall be liable for and there shall be no abatement of rent for (i) any damage to Tenant's property stored with or employees.entrusted to Affiliates of Landlord, (ii) loss of or damage to any property by theft or any other wrongful or illegal act, or (iii) any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or the Project or from the pipes, appliances, appurtenances or plumbing works therein or from the roof, street or sub-surface or from any other place or resulting from dampness or any other cause whatsoever or from the acts or omissions of other tenants, occupants or other visitors to the Building or

Appears in 1 contract

Samples: Office Building Lease (Abacus Direct Corp)

Hold Harmless. a. Unless and to the extent caused by Landlord’s negligence or willful misconduct, Landlord shall not be liable to Tenant or to Tenant’s customers, employees, agents, guests or invitees, or to any other person whomever, for any injury to persons or damage to property on or about the Premises, including but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by the improvements located in the Premises becoming out of repair or by defect in or failure of equipment, pipes, or wiring, or by broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Premises or Property, or (5) arising out of the failure or cessation of any actservice provided by Landlord (including security service and devices), omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expensesfees) in connection with injury to arising out of such damage or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. Nor shall not Landlord be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage that may be occasioned by or through the acts or omissions of other tenants of the Property or of any other persons whomsoever, excepting only duly authorized employees and agents of Landlord acting within the scope of their authority. Further, Tenant specifically agrees to person be responsible for and indemnify and hold Landlord harmless from any and all damages or property expenses of whatever kind arising out of or caused by any acta burglary, omission theft, vandalism, malicious mischief or neglect of other illegal acts performed in, at or from the Premises unless caused by Landlord’s negligence or willful misconduct. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord hereby agrees to indemnify, defend by counsel reasonably acceptable to indemnify Tenant and hold Tenant harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expensesfees) in connection with injury to or death of any person or damage to or theft, loss or loss arising out of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission negligence or willful misconduct of Landlord or any of its agents or employeesLandlord.

Appears in 1 contract

Samples: Lease Agreement (Liposcience Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct of Tenant negligence 0 the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, attorney's fees, expenses and liabilities incurred in or about any such claim Dr any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby, assumes all risk of damage to property or injury to persons, ill, upon or about the Premises, from any cause other than Landlord's and Landlord's Agents gross negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servantsservants or employees. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Tenant, contractors, customers or invitees nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant fixtures or equipment. Notwithstanding anything to the terms of contrary hereinabove, Tenant may assign this Lease, or due sublet any portion thereof, without Landlord's consent to any of the following: (i) any corporation or other grossly negligent act entity which controls, is controlled by, or omission is under common control with Tenant; (ii) any corporation or willful misconduct other entity resulting from the merger or consolidation of Landlord Tenant; and (iii) any corporation, partnership, other entity or person which acquires a controlling interest in the corporate stock of Tenant or acquires substantially all of the assets of Tenant as a going concern of the business that is being conducted on the Premises provided that in case of any of its agents or employeesthe foregoing transfers said assignees assumes in full the obligations of Tenant under the Lease.

Appears in 1 contract

Samples: Office Lease (Portal Software Inc)

Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant's customers, employees, agents, guests or invitees, or to any other person whomsoever, for any injury to person or damage to property on or about the Leased Premises or the Common Area, other than injury or damage resulting from the gross negligence or willful misconduct or Landlord or its agents and employees, including but not limited to, consequential damage, (1) caused by any act or omission of Tenant, its agents, servants, employees, contractorssubtenants, customers licensees and concessionaires or invitees for of any damage to other person entering the Property or property the Leased Premises by express or implied invitation of Tenant, or (2) arising out of the use of the Leased Premises or the Property by Tenant, its employees, subtenants, licensees, concessionaires or invitees, or (3) arising out of any breach or default by Tenant in the performance of its obligations hereunder, or (4) caused by the improvements located in the Leased Premises becoming out of repair or by defect in or failure of equipment, pipes, or wiring, or by broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Leased Premises or Property, or (5) arising out of the failure or cessation of any actservice provided by Landlord (including security service and devices), omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant hereby agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless offrom any liability, from and against any and all lossesloss, damages, liabilities, claims, liens, costs and expenses expense or claim (including, but not limited to, court costs, to reasonable attorneys’ fees and litigation expenses' fees) in connection with injury to arising out of such damage or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant injury. Landlord shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees Tenant for any loss or damage to person that may be occasioned by or property caused by any act, omission through the acts or neglect omissions of Landlord. Without limiting other tenants of the Property or being limited by of any other indemnity in this Leasepersons whomsoever, but rather in confirmation excepting only duly authorized employees and furtherance thereofagents of Landlord acting within the scope of their authority. Further, Landlord Tenant specifically agrees to indemnify, defend by counsel reasonably acceptable to Tenant be responsible for and hold Tenant Landlord harmless of, from and against any and all lossesdamages or expenses of whatever kind arising out of or caused by a burglary, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss vandalism, malicious mischief or loss of other illegal acts performed in, at or from the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesLeased Premises.

Appears in 1 contract

Samples: Commercial Lease (Admiralty Bancorp Inc)

Hold Harmless. a. 12.1 Landlord shall not be liable for any damage to, or loss of, property in the Premises belonging to Tenant, its employees, agents, servantsvisitors, employees, contractors, customers licensees or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant persons in or about the Premises, or for damage or loss suffered by the business of Tenant, from any breach cause whatsoever, including, without limiting the generality thereof, such damage or default on the loss resulting from fire, steam, smoke, electricity, gas, water, rain, ice or snow, which may leak or flow from or into any part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this LeasePremises, or due from the breakage, leakage, obstruction or other defects of the pipes, wires, appliances, plumbing, air-conditioning or lighting fixtures of the same, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Project of which the Premises are a part, or from other sources. Landlord shall not be liable in any manner to any other act or omission or willful misconduct of Tenant or any of Tenant, its agents, employees, contractorsinvitees or visitors for any injury or damage to Tenant, assignsTenant’s agents, subtenantsemployees, guest invitees or invitees. b. visitors, or their property, caused by the criminal or intentional misconduct, or by any act or neglect of third parties or of Tenant, Tenants agents, employees, invitees or visitors, or of any other tenant of the Project. Tenant covenants that no claim shall not be made against Landlord by Tenant, or by any agent or servant of Tenant, or by others claiming the right to be in the Premises or in the Project through or under Tenant, for any injury, loss or damage to the Premises or to any person or property occurring upon the Premises from any cause other than the gross negligence of Landlord. In no event shall Landlord be liable to Tenant for any consequential damages sustained by Tenant arising out of the loss or damage to any property of Tenant. 12.2 Tenant covenants and agrees to save Landlord and Landlord’s agents harmless and indemnified, and to defend Landlord and Landlord’s agents from all loss, damage, liability or expense of any kind including without limitation attorneys’ fees and court costs incurred, suffered or claimed by any person whomsoever, or for any damage or injury to any persons or property from any cause whatsoever, by reason of the use or occupancy by Tenant, its agents, servants, employees, contractorsinvitees or visitors of the Premises, customers or invitees for any damage to person or property of the Project unless caused solely by any act, omission or neglect the gross negligence of Landlord. Without limiting . 12.3 It is understood that employees of Landlord are prohibited as such from receiving any packages or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees articles delivered to indemnify, defend by counsel reasonably acceptable to the Project for Tenant and hold that should any such employee receive any packages or articles, he or she in so doing shall be the agent of Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to of Landlord. 12.4 The provisions of this Article 12 shall survive the expiration or death of any person or damage to or theft, loss or loss sooner termination of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesTerm.

Appears in 1 contract

Samples: Lease Agreement (Windstar Energy, LLC)

Hold Harmless. a. Landlord shall not be liable to Tenant or to Tenant, its agents, servants's customers, employees, contractorsagents, customers guests or invitees invitees, or to any other person whomever, for any injury to persons or damage to person property on or property about the Leased Premises or the Common Area (except where caused by any actthe willful misconduct or negligence of Landlord, omission its employees, or neglect of Tenant. Without limiting or being limited by any other indemnity in this Leasecontractors), but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costsconsequential damage, reasonable attorneys’ fees (1) caused by any act or omission of Tenant, its employees, subtenants, licensees and litigation expenses) in connection with injury to concessionaires or death of any other person entering the Property of the Leased Premises by express or damage to implied invitation of Tenant, or theft, loss or loss (2) arising out of the use of any property occurring in the Leased Premises or about the Premises arising from Property by Tenant’s occupancy of the Premises, its employees, subtenants, licensees, concessionaires or invitees, or the conduct (3) arising out of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of by Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Leaseits obligations hereunder, or due to (4) caused by the improvements located in the Leased Premises becoming out of repair or by defect in or failure of equipment, pipes, or wiring, or by broken glass, or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Leased Premises or Property, or (5) arising out of the failure or cessation of any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant service provided by Landlord (including security service and devices). Nor shall not Landlord be liable to Tenant for any loss or damage that may be occasioned by or through the acts or omissions of other tenants of the Property or of any other persons whatsoever, excepting only duly authorized employees and agents of Landlord acting within the scope of their authority. Further, Tenant specifically agrees to be responsible for and indemnify and hold Landlord harmless from any and all damages or expenses of whatever kind arising out of or caused by a burglary, theft, vandalism, malicious, mischief or other illegal acts performed in, at or from the Leased Premises, except performed by Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeescontractors.

Appears in 1 contract

Samples: Office Lease (FWT Inc)

Hold Harmless. a. Landlord A. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless Association and its officers, directors, members, agents, employees, and any Association designee or liaison under this Agreement (each being an “Indemnified Party” herein) from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees arising out of or resulting from the performance of the Work and the obligations imposed by this Agreement, whether performed by Contractor or any subcontractor or materialman of Contractor, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible or real property including the loss of use resulting therefrom, or (2) is caused in whole or in part by any intentional act, negligent act or omission of the Contractor, any subcontractor, sub-subcontractor, materialmen, or agents of any tier or their respective employees or anyone directly or employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The monetary limitation on the extent of this indemnification provided shall be in the amount of two times the Contract Sum of this Agreement. The parties hereto specifically acknowledge and agree pursuant to section 725.06, Florida Statutes that the monetary limitation on the extent of the indemnification provided to the Association bears a reasonable commercial relationship to the Contract and the work to be performed hereunder up to the insurance policy limits detailed in Article 6 herein. The parties further agree that this indemnification clause is incorporated into and made a part of the project specifications and bid documents. The parties agree that $100.00 of the Contract Sum is specific consideration for the indemnification provided by Contractor under this provision. (However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton, or intentional misconduct of Association or its officers, directors, agents, or employees, or for statutory violation or punitive damages except and to the extent the statutory violation or punitive damages, in whole or in part, are caused by or result from the acts or omissions of Contractor or any of Contractor’s contractors, subcontractors, sub-contractors, materialmen, or agents of any tier or their respective employees.) Such obligation shall not be liable construed to Tenantnegate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. B. In any and all claims against the Association or any of its agentsmembers, servants, employees, contractors, customers agents or invitees for any damage to person or property caused employees by any actemployee of the Contractor, omission or neglect of Tenant. Without limiting or being limited any Subcontractor, anyone directly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph 9 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. The monetary limitation on the extent of this indemnification provided shall be in the amount of $1 million per year throughout duration of this contract not to exceed $5 million per year. The parties hereto specifically acknowledge and agree pursuant to section 725.06, Florida Statutes that the monetary limitation on the extent of the indemnification provided to the Association bears a reasonable commercial relationship to the Contract and the work to be performed hereunder up to the insurance policy limits detailed in Article 6 herein. The parties further agree that this indemnification clause is incorporated into and made a part of the project specifications and bid documents. The parties agree that $100.00 of the Contract Sum is specific consideration for the indemnification provided by Contractor under this provision. The foregoing indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees from Contractor shall be applicable to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with or claims for damage or injury to or death of any person or damage property resulting from the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor relating to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity Work as described in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesContract.

Appears in 1 contract

Samples: Construction Contract

Hold Harmless. a. Landlord shall not CITY acknowledges the Subject Area is over, upon and about the Channel and may be liable subject to Tenantall hazards associated with flood conditions. CITY agrees to assume all risks, its agentsfinancial or otherwise, servantsassociated with CITY’s decisions to engage in activities over, employees, contractors, customers on and about the Subject Area caused by or invitees associated with DISTRICT’s flood control operations and the Channel. CITY hereby releases and waives all claims and recourse against DISTRICT and County including the right of contribution for any loss of or damage to person property, or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person arising from, growing out of or in any way connected with or related to this Agreement, including any damage to or theft, loss or loss interruption of the use of any property occurring in of CITY’s equipment or facilities placed in, on, or about the Premises Subject Area, caused by erosion, flood, or flood overflow conditions of the Channel, or caused by the operation, maintenance, repair, reconstruction, replacement, enlargement or improvement of the Channel, or caused by DISTRICT’S flood control operations, except claims arising from Tenant’s occupancy the concurrent active or sole negligence of the PremisesDISTRICT and/or County, or the conduct of its business or from any activitytheir officers, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, employees and contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord CITY agrees to indemnify, defend by with counsel reasonably acceptable to Tenant approved in writing by DISTRICT’s Board of Supervisors, and hold Tenant harmless ofDISTRICT and the COUNTY and their elected and appointed officials, employees, and agents (“DISTRICT/COUNTY INDEMNITEES”) and their property from and against any and all lossesloss, injury, liability, damages, liabilities, claims, liens, costs and expenses expenses, whether incurred by or made against DISTRICT, COUNTY or any of the DISTRICT/COUNTY INDEMNITEES (including, but not limited to, including attorney’s fees and court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury (i) breach of this AGREEMENT by the CITY or its elected and appointed officials, employees, representatives, member agencies, agents, contractors, operators, invitees, or any person authorized by CITY to conduct activities on the Subject Area (individually and collectively “CITY INDEMNITEES”); (ii) the willful misconduct or negligent acts or omissions of CITY, CITY INDEMNITEES or any of them relating to or death connected with and/or implementation of the CITY Project; and (iii) the accuracy of any person materials, methodology and/or other documentation provided by CITY to DISTRICT, DISTRICT/COUNTY INDEMNITEES or damage to or theft, loss or loss any of them in furtherance of the use implementation of the CITY Project or in performance of this AGREEMENT; provided, however, that (a) DISTRICT timely provides notice to the CITY upon becoming aware of any property occurring fact, condition or event which may reasonably give rise to CITY’s obligation to defend and indemnify DISTRICT under this section and, (b) nothing in this subparagraph shall operate to relieve DISTRICT or about any DISTRICT/COUNTY INDEMNITEES from responsibility for, or to require their indemnification with respect to, any loss, injury, liability, damages, claims, costs or expenses to the Premises arising extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of DISTRICT, the DISTRICT/COUNTY INDEMNITEES, any party acting on their behalf or under their direction. If judgment is entered against DISTRICT/County and CITY by a court of competent jurisdiction because of the concurrent active negligence of DISTRICT/County and CITY, DISTRICT and CITY agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment. The Parties agree that this Agreement shall constitute a separate agreement from any breach approval via the Permits or default on other third parties, and if the CITY Project is invalidated, in part or in whole, rendered null or set aside by a court of Landlord in competent jurisdiction, the performance of any covenant or agreement on the part of Landlord Parties agree to be performed pursuant to bound by the terms of this LeaseSection (Hold Harmless), which shall survive such invalidation, nullification or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeessetting aside.

Appears in 1 contract

Samples: Construction Contract

Hold Harmless. a. Landlord To the extent permitted by law, and except to the extent of Landlord’s negligent acts or omissions. Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Premises or from the conduct of its Tenant’s business or from any activity, work, or thing other things done, permitted permitted, or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant and shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant further indemnify and hold Tenant harmless of, Landlord from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligation on the Tenant’s part of Landlord to be performed pursuant to under the terms of this Lease or arising from any act or negligence of Tenant or any officer, agent, employee, guest, licensee or invitee of Tenant, and from all costs, attorneys’ fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon. In any action or proceeding brought against Landlord by reason of such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. This indemnification shall survive termination of this Lease. To the extent permitted by law. Tenant hereby assumes all risk of damage to property or injury to persons in, upon, or about the Premises from any cause other than the negligence of Landlord, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or Landlord’s agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the Premises or from the pipes, appliances, or plumbing works therein or from the roof, street, or subsurface, or from any other place resulting from dampness, or from any other cause whatsoever, unless caused by or due to any other grossly negligent act or omission or willful misconduct the negligence of Landlord or any Landlord’s agents. Tenant shall give immediate notice to Landlord in case of its agents casualty or employeesaccident incident or claim associated with the Premises.

Appears in 1 contract

Samples: Lease Agreement (VCG Holding Corp)

Hold Harmless. a. Except to the extent any liability for damage or loss is caused by the negligence of Landlord, its agents or employees and subject to provisions of Section 15c hereof, Tenant shall hold harmless Landlord, its shareholders, directors, officers, agents and employees, from any liability for damages to any person or property in or upon the Demised Premises and the Demised Premises, including the person and the property of Tenant and its employees and all persons in the Building at its or their invitation or sufferance, and from all damages resulting from Tenant's failure to perform the covenants or other provisions of this Lease. Subject to the provisions of Section 15c and Section 19 hereof, Landlord shall not be liable to hold harmless Tenant, its agentsshareholders, servantsdirectors, officers, agents and employees, contractors, customers or invitees from any liability for any damage damages to person or property caused by any actarising out of the negligence or willful misconduct of Landlord. All property kept, omission maintained or neglect stored on the Demised Premises shall be so kept, maintained or stored at the sole risk of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and pay all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) sums of money in connection with injury to or death respect of any person labor, service, materials, supplies or damage equipment furnished or alleged to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by have been furnished to Tenant in or about the Demised Premises, and not furnished on order of Landlord, which may be secured by any mechanic's materialmen's or from other lien provided that Tenant may contest such lien, upon providing Landlord adequate security against such lien. If any breach such lien is reduced to final judgment and if such judgment or default process thereon is not stayed, or if stayed and said stay expires, then Tenant shall immediately pay and discharge said judgment. Landlord shall have the right to post and maintain on the part Demised Premises, notices of Tenant in non-responsibility under the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss laws of the use State of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesMinnesota.

Appears in 1 contract

Samples: Lease Agreement (Mgi Pharma Inc)

Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, Demised Premises or from the conduct of its business or from any activity, work, work or thing other things done, permitted or suffered by Tenant in or about the Demised Premises, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant Tenant, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees. b. invitee of Tenant, and from all costs, attorney’s fees and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Landlord by reason of such claim. Tenant upon written notice from Landlord shall not be liable defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Demised Premises, from any cause other then the gross negligence of Landlord, its agents, servants, servants or employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of and Tenant hereby waives all claims in respect thereof against Landlord. Without limiting Tenant shall give prompt written notice to Landlord in case of casualty or being limited by any other indemnity accidents in the Demised Premises. (b) Tenant, as a material part of the consideration to Landlord for this Lease, but rather hereby waives and releases all claims against Landlord, its employees and agents with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. Tenant covenants and agrees that Landlord and its employees will not at any time or to any extent whatsoever be liable, responsible or in confirmation and furtherance thereofany way accountable for any loss, injury, death or damage (including consequential damages) to persons, property or Tenant’s business occasioned by any cause, either ordinary or extraordinary. (c) Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against or its agents shall not be liable for any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person loss or damage to persons or theftproperty resulting from fire, loss explosion, falling plaster, steam, gas, electricity, water or loss rain which may leak from any part of the use of any property occurring in Building or about from the Premises arising pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any breach other place resulting from dampness or default on any other cause whatsoever. Landlord or its agents shall not be liable for interference with the part of Landlord light, air, or for any latent defect in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesDemised Premises.

Appears in 1 contract

Samples: Business Lease (VCG Holding Corp)

Hold Harmless. a. A. Subject to all other applicable terms and conditions in this Lease which limit or otherwise affect liability under this Lease (including but not limited to the waiver of subrogation provisions in Section 8 of this Lease with respect to damage to Landlord’s property), Tenant hereby agrees to indemnify, defend and hold Landlord, the property manager for the Building and any mortgagee holding a mortgage on the Property (including, without limitation, their respective members, managers, officers, directors, agents and employees) (all of the foregoing are referred to as the “Landlord shall not be liable Indemnified Parties”) harmless from and against all actions, claims, causes of action, demands, damages, penalties and expenses of any kind (including, without limitation, attorneys’ fees and litigation costs) which are brought against the Landlord Indemnified Parties by any person or entity whatsoever, or which the Landlord Indemnified Parties may pay or incur with respect to any person or entity (including, without limitation, Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property and invitees) as a result of: (i) and caused by any actnegligence or willful misconduct of Tenant or its agents, omission employees, contractors, customers, subsidiaries, affiliates, vendors, clients, and business partners or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring invitees in or about the Premises arising from Tenant’s occupancy of the PremisesProperty, or the conduct of its business or from (ii) any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any material breach or default Default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of its obligations under this Lease, or due (iii) the improper use or improper occupancy of the Premises by Tenant, or (iv) Tenant’s use of any equipment, facilities or property in, on, or about the Property, or (v) any personal injury or property damage occurring on the Premises, but excluding from this indemnity, claims to any other act or omission the extent caused by the Landlord Indemnified Parties’ negligence or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or inviteesmisconduct. b. Tenant shall B. Subject to all other applicable terms and conditions in this Lease which limit or otherwise affect liability under this Lease (including but not be liable limited to Landlord, its agents, servants, employees, contractors, customers or invitees for any the waiver of subrogation provisions in Section 8 of this Lease with respect to damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofTenant’s property), Landlord agrees to shall indemnify, protect, defend by counsel reasonably acceptable to Tenant and hold Tenant (including, without limitation, its shareholders, officers, directors, agents and employees) (all of the foregoing are referred to as the “Tenant Indemnified Parties”), harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs liability and expenses expense (including, but not limited to, court costs, including reasonable attorneys’ attorney’s fees and litigation expensescosts) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on all claims caused by the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission negligence or willful misconduct of Landlord or any caused by the negligence or willful misconduct of its agents Landlord’s agents, employees, or employeescontractors, but excluding from this indemnity, claims to the extent caused by the negligence or willful misconduct of the Tenant Indemnified Parties.

Appears in 1 contract

Samples: Full Service Lease Agreement (Time Warner Telecom Inc)

Hold Harmless. a. Landlord Lessee agrees to indemnity and hold Lessor harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney’s fees, arising from the conduct of Lessee’s business or its use of the Premises or from any breach on the part of Lessee of any conditions of this Lease, or from any act or negligence of Lessee, its agents, servants, contractors, employees, guests, licensees of invitees in or about the Premises, in the case of any claim, action or proceeding brought or asserted against Lessor by reason of any such claim. Lessee, upon notice from Lessor, covenants to defend such claim, action or proceeding by counsel acceptable to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risks of damage to property or injury to persons in, upon or about the Premises, from any cause other than Lessor’s negligence or intentional misconduct, or the negligence or intentional misconduct of Lessor’s agents, contractors, licensees, invitees, guests, servants or employees. Lessee herby waives all claims in respect thereof against Lessor other than claims for which Lessor is liable under the preceding sentence. Lessee shall give prompt notice to Lessor in case of casualty or accidents in the Premises. Lessor, or its agents servants or employees, shall not be liable for any loss or damage to Tenantpersons or property resulting from fire, explosion, break-ins, or burglaries, gas, electricity, water or rain which may leak from any part of the building or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever except for loss or damage attributable to the negligence or intentional misconduct of Lessor or its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any actinvitees, omission or neglect of Tenantlicensees and /or guests. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant Lessor shall not be liable for interference with the light or air except for loss or damage attributable to Landlord, the negligence or intentional misconduct of Lessor or its agents, servants, employees, contractors, customers invitees, licensees and/or guests or invitees for any damage latent defect in the Premises whether known or unknown to person or property caused by any act, omission or neglect of LandlordLessor. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord Lessor agrees to indemnify, defend by counsel reasonably acceptable to Tenant indemnify and hold Tenant Lessee harmless of, from and against any and all lossesclaims, demands, damages, liabilities, claims, liens, costs and expenses (includingexpenses, but not limited to, court costs, including reasonable attorneys’ fees fees, arising from the activities of Lessor on or about the Premises, and litigation expenses) in connection with injury to or death for any breach on the part of Lessor of any person conditions of this Lease, and from any act or damage to negligence of Lessor, its agents, servants, contractors, employees, guest, licenses or theft, loss or loss of the use of any property occurring invitees in or about the Premises arising from any breach or default on the part of Landlord Premises, in the performance case of any covenant claim, action or agreement on the part proceeding brought or asserted against Lessee by reason of Landlord any such claim. Lessor, upon notice from Lessee covenants to be performed pursuant defend such claim, action or proceeding by counsel acceptable to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesLessee.

Appears in 1 contract

Samples: Lease Agreement (Collegiate Pacific Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done or permitted by Tenant in or about the Property, and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, reasonable attorneys’ fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord shall defend the same at Tenant’s expense. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord’s gross negligence or willful and wanton acts. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the gross negligence or willful and wanton acts of Landlord, its agents, servants or employees. So long as Tenant’s access to, and use and enjoyment of, the Premises shall not be unreasonably interfered with, Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditament, loss of business by Tenant, nor shall Landlord be liable for any latent defects in the Premises or in the Building, except for the Warranty Work. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein. b. Landlord shall indemnify and hold harmless Tenant against and from any and all claims arising from Landlord’s activity, work, or other thing done, permitted or suffered by Tenant Landlord in or about the PremisesProperty, or and shall further indemnify and hold harmless Tenant against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Landlord’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to any other act or omission arising from the negligence or willful misconduct or wanton acts of Tenant Landlord, or any officer, agent, or employee of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from all and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees fees, expenses and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring liabilities incurred in or about the Premises arising from any breach such claim or default on the part of Landlord any action or proceeding brought thereon, and, in the performance any case, action or proceeding be brought against Tenant by reason of any covenant or agreement on such claim, Landlord, upon notice from Tenant shall defend the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeessame at Landlord’s expense.

Appears in 1 contract

Samples: Lease (Brickell Biotech, Inc.)

Hold Harmless. a. Landlord Lessee shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, Lessor against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss claims arising from Lessee's use of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by Tenant the Lessee in or about the Premises, or and shall further indemnify and hold harmless Lessor against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Lessee's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Lessee, or any officer, agent, employee, guest, or invitee of Lessee, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same a t Lessee's expense by counsel reasonably satisfactory to Lessor. Lessee as a material part of the consideration to Lessor hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Lessor's negligence, and Lessee hereby waives all claims in respect thereof against Lessor. Lessor or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damage to Landlordproperty entrusted to employees of the Building, nor for loss or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Lessor, its agents, servantsservants or employees. Lessor or its agents shall not be liable for interference with the light or other incorporeal hereditaments, employeesloss of business by Lessee, contractors, customers or invitees nor shall Lessor be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance Building. Lessee shall give prompt notice to Lessor in case of any covenant fire or agreement on accidents in the part Premises or in the Building or of Landlord to be performed pursuant to defects therein or in the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 1 contract

Samples: Lease (More Com Inc)

Hold Harmless. a. Landlord shall not be liable to Tenant, its or to Tenant’s agents, servants, employees, contractors, customers or invitees invitees, for any damage to person or property to the extent caused by any act, negligent act or omission or neglect of Tenant. Without limiting , or being limited by any other indemnity in this Leaseits agents, but rather in confirmation servants or employees, and furtherance thereof, Tenant agrees to and does hereby indemnify, defend by counsel reasonably acceptable to and hold harmless, Landlord and hold Landlord harmless ofLandlord’s shareholders, officers and trustees, and its and their respective successors and assigns, from and against any and all losses, damages, liabilities, claims, liensdemands, costs and causes of action, fines, penalties, costs, expenses (including, but not limited to, court costs, including ________________________________________________________________________________________________________________________ reasonable attorneys’ fees and litigation expenses) in connection with injury to court costs), liens or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant liabilities to the terms of this Lease, or due to extent caused by (i) any other negligent act or omission of Tenant, or willful misconduct of Tenant or any of its agents, employeesservants or employees or (ii) any claim for which Tenant was obligated to obtain insurance, contractors, assigns, subtenants, guest or invitees. b. but elected to self-insure as permitted by Section 6.5. Tenant shall not be liable to Landlord, its or to Landlord’s agents, servants, employees, contractors, customers or invitees invitees, for any damage to person or property to the extent caused by any act, negligent act or omission or neglect of Landlord. Without limiting , or being limited by any other indemnity in this Leaseits agents, but rather in confirmation servants or employees and furtherance thereof, Landlord agrees to and does indemnify, defend by counsel reasonably acceptable to and hold harmless Tenant and hold Tenant harmless ofTenant’s shareholders, officers and directors, and its and their respective successors and assigns, from and against any and all losses, damages, liabilities, claims, liensdemands, costs and causes or action, fines, penalties, costs, expenses (including, but not limited to, court costs, including reasonable attorneys’ attorneys fees and litigation expenses) in connection with injury to costs), liens or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant liabilities to the terms of this Lease, or due to extent caused by any other grossly negligent act or omission of Landlord, or willful misconduct of Landlord or any of its agents agents, servants or employees.

Appears in 1 contract

Samples: Master Lease Agreement (KBS Real Estate Investment Trust, Inc.)

Hold Harmless. a. Landlord Consultant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless ofRenton, its elected officials, officers, agents, employees and volunteers, from and against any and all lossesclaims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys' fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Consultant's own employees, agents and volunteers, or damage to property caused by Consultant's negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by Renton and its officers, agents, employees and volunteers. Renton agrees to indemnify Consultant from any claims, damages, liabilitieslosses, claimsand costs, liens, costs and expenses (including, but not limited to, court reasonable attorney's fees, legal expenses and litigation costs, reasonable attorneys’ fees arising out of claims by third-parties for property damage and litigation expenses) in connection with injury to or death of any person or damage to or theftbodily injury, loss or loss of including death, caused solely by the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or due to any other act or omission negligence or willful misconduct of Tenant or any of its agentsRenton, Renton's employees, contractorsagents or volunteers in connection with this Consultant Agreement. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, assigns(Validity of agreement to indemnify against liability for negligence relative to construction, subtenantsalteration, guest improvement, etc., of structure or invitees. b. Tenant shall not be liable improvement attached to Landlordreal estate...) then, its agents, servants, employees, contractors, customers in the event of liability for damages arising out of bodily injury to persons or invitees for any damage damages to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, resulting from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss the concurrent negligence of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to contractor and Renton, its officers, officials, employees and volunteers, Consultant's liability shall be performed pursuant only to the terms extent of Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the Consultant's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this Lease, indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or due to any other grossly negligent act or omission or willful misconduct termination of Landlord or any of its agents or employeesthis agreement.

Appears in 1 contract

Samples: Consultant Agreement

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant’s part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney’s fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord’s negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant agents shall not be liable for any damages to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Landlord, its agents, servants, servants or employees, contractors, customers . Landlord or invitees its agents shall not be liable for any damage to person interference with the light or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss incorporeal hereditaments or loss of the use of business by Tenant, nor shall Landlord be liable for any property occurring latent defect in or about the Premises arising from any breach or default on in the part of Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Building or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 1 contract

Samples: Lease Agreement (Guidance Software, Inc.)

Hold Harmless. a. Landlord shall not be liable Subject to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereofArticle 15, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord shall indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any officer, agent, employee, guest, or invitee of its agentsTenant, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from all and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees ' fees, expenses and litigation expenses) liabilities incurred in connection with injury to or death about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Landlord by reason of any person such claim, Tenant, upon notice from Landlord shall defend the same at Tenant's expense. Subject to Article 15, Landlord shall indemnify and hold harmless Tenant against and from any and all claims arising in the Premises, the Building or damage to any part thereo for the conduct of its business or theftfrom any activity, loss work, or loss of other thing done, permitted or suffered by the use of any property occurring Landlord in or about the Premises or Building, and shall further indemnify and hold harmless Tenant against and from any and all claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement obligation on the Landlord's part of Landlord to be performed pursuant to under the terms of this Lease, or arising from any act or negligence of the Landlord, or any officer, agent, employee, guest, or invitee of Landlord, and from all and against all costs, reasonable attorneys' fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, action or proceeding be brought against Tenant by reason of any such claim, Landlord, upon notice from Tenant shall defend the same at Landlord's expense. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Landlord's negligence or willful acts. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act the negligence of Landlord, its agents, servants or omission or willful misconduct of employees. Landlord or any of its agents shall not be liable for interference with the light or employeesother incorporeal hereditament, loss of business by Tenant. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment.

Appears in 1 contract

Samples: Lease (Colorado Medtech Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all lossesclaims, damagessuits, liabilities, claimsloss, lienscost, costs damages and expenses (includingexpense, but not limited toincluding reasonable attorney's fees, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s 's use or occupancy of the Premises, or Premises for the conduct of its business or from any activity, work, work or other thing done, permitted or suffered by the Tenant or Tenant's agents, employees, contractors, licensees and invitees in or about the PremisesProperty, or and shall further indemnify and hold harmless Landlord against and from any and all claims, suits, liabilities, loss, cost, damages and expense, including reasonable attorney's fees, arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or arising from any act or negligence of the tenant, or any officer, agent, employee, contractor, licensee, or invitee of Tenant, and from and against all costs, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon. Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant as material part of the consideration to the Landlord hereby assumes all risk of damage to property or injury to persons, in upon or about the Premises, from any cause other than Landlord's intentional misconduct, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agents shall not be liable for any damage to property entrusted to employees of the Property, nor for loss or damage to any property by theft or otherwise, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, snow or ice, leakage from any part of the Property or from the pipes, appliances or plumbing works therein or from the roof, street of subsurface or from any other place resulting in or from dampness or any other cause whatsoever, unless caused by or due to any other act or omission or willful the intentional misconduct of Tenant or any of Landlord, its agents, servants or employees, contractors, assigns, subtenants, guest . Landlord or invitees. b. Tenant its agents shall not be liable to LandlordTenant for, its agentsand Tenant hereby releases Landlord from all claims related to or arising from, servantsinterference with fight, employeesview or air, contractorsor other incorporeal hereditament, customers or invitees loss of business by Tenant, nor shall Landlord be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on in the part of Property. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises or in the Property or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 1 contract

Samples: Office Lease (Juina Mining Corp Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord ------------- harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, Premises or from the conduct of its business or from any activity, work, or thing done, things which may be permitted or suffered by Tenant in or about the PremisesPremises and shall further indemnify, defend, and hold Landlord harmless from and against any and all claims (including, without limitation, for death or injury to person or persons or property damage) arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms provision of this Lease, Lease or due to arising from any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractorsor invitees, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees attorney's fees, expenses, and litigation expenses) liabilities incurred in connection with the defense of any such claim or any action or proceeding brought thereon. Tenant hereby assumes all risk of damage to the Premises or injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring persons in or about the Premises arising from any breach cause, and Tenant hereby waives all claims in respect thereof against Landlord, excepting where said damage, injury or default death, arises out of the gross negligence or wilful misconduct of Landlord. Notwithstanding anything herein to the contrary, Landlord shall indemnify, defend and hold harmless, Tenant from any claims of any nature or kind which arise from or relate to, or are alleged to arise from or relate to, any use, business, activity, work or other things permitted to have been done on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant Premises prior to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesdate hereof.

Appears in 1 contract

Samples: Lease Agreement (Bolt Technology Corp)

Hold Harmless. a. Landlord Lessee shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, Lessor against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the claims arising from Lessee's use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by Tenant the Lessee in or about the PremisesBuilding, or and shall further indemnify and hold harmless Lessor against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Lessee's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Lessee, or any of its agentsofficer, employeesagent, contractors, assigns, subtenantsemployee, guest or invitees. b. Tenant invitee of Lessee, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and, in any case, should action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor. Lessee as a material part of the consideration to Lessor hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than Lessor's negligence, and Lessee hereby waives all claims in respect thereof against Lessor. Lessor or its agents shall not be liable for any damage to Landlordproperty entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to the negligence of Lessor, its agents, servantsservants or employees. Lessor or its agents shall not be liable for interference with the light or other incorporeal hereditament, employeesloss of business by Lessee, contractors, customers or invitees nor shall Lessor be liable for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity latent defect in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Landlord in the performance Building. Lessee shall give prompt notice to Lessor in case of any covenant fire or agreement on accidents in the part Premises or in the Building or of Landlord to be performed pursuant to defects therein or in the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 1 contract

Samples: Standard Office Lease (Spatialight Inc)

Hold Harmless. a. Landlord Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding, or and shall further indemnify and hold Landlord harmless against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to any other act or omission or willful misconduct of Tenant or any of its agents, employees, contractors, assigns, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises arising from any breach or of default on the part of Landlord in the performance of any covenant or agreement obligation on the Tenant's part of Landlord to be performed pursuant to under the terms of this Lease, or arising from any act negligence of the Tenant, or any officer, agent, employee, guest or invitee of Tenant, and from all and against all costs, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon. In any such case, action or proceeding brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's expense by counsel. Tenant, as material part of the consideration to Landlord hereby, assumes all risks of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord or its agent shall not be liable for any damage to property entrusted to employees of the Building, nor for loss or damage to any property by theft or otherwise, nor for any injury to or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street, or subsurface or from any other place resulting from dampness or any other cause whatsoever, unless caused by or due to any other grossly negligent act the negligence of Landlord, its agents, servants or omission or willful misconduct of employees. Landlord or any of its agents shall not be liable for interference with or employeesloss of business by Tenant. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment.

Appears in 1 contract

Samples: Office Building Lease (Sycamore Park Convalescent Hospital)

Hold Harmless. a. Landlord (a) Tenant shall not be liable to Tenant, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord indemnify and hold harmless Landlord harmless of, against and from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to or theft, loss or loss of the use of any property occurring in or about the Premises claims arising from Tenant’s occupancy 's use of the Premises, or Premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Tenant in or about the PremisesBuilding or the Project, or and shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default on the part of Tenant in the performance of any covenant or agreement obligation on the Tenant's part of Tenant to be performed pursuant to under the terms of this Lease, or due to arising from any other act or omission or willful misconduct negligence of Tenant the Tenant, or any offer, agent, employee, guest, or invitee of Tenant, and from all and against all cost, attorney's fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from landlord, shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord or Landlord shall have the right to retain its agentsown counsel to defend any action at the cost of Tenant. Tenant as a material part of the consideration to Landlord hereby assumes all risk of damage to property or injury to persons, employeesin, contractorsupon or about the Premises, assignsfrom any cause, subtenants, guest or inviteesand Tenant hereby waives all claims in respect thereof against Landlord. b. Tenant (b) Landlord or its agent's shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person property entrusted to employees of the Project, nor for loss or damage to any property caused by theft or otherwise, nor for any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilities, claims, liens, costs and expenses (including, but not limited to, court costs, reasonable attorneys’ fees and litigation expenses) in connection with injury to or death of any person or damage to persons or theftproperty resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or the Project, or from the pipes, appliances or plumbing works therein or from the roof, street, or subsurface or from any other place resulting from dampness or any other cause whatsoever. Landlord or its agents shall not be liable for interference with the light or other incorporeal hereditaments, loss of business by Tenant nor shall Landlord be liable for any latent defect in the Premises, the Building or loss of the use of any property occurring in or about the Premises arising from any breach or default on the part of Project. Tenant shall give prompt notice to Landlord in case of fire or accidents in the performance Premises, the Project or of any covenant defects therein or agreement on in the part of Landlord to be performed pursuant to the terms of this Lease, fixtures or due to any other grossly negligent act or omission or willful misconduct of Landlord or any of its agents or employeesequipment.

Appears in 1 contract

Samples: Lease Agreement (Commercial Concepts Inc)

Hold Harmless. a. (A) Tenant shall indemnify, defend and hold harmless Landlord shall not be liable to Tenantand its officers, its agentsdirectors, servantspartners, employees, contractorsattorneys and agents (collectively, customers or invitees for any damage to person or property caused by any act, omission or neglect of Tenant. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, the "Tenant agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord harmless of, Indemnitees") from and against any and all losses, damages, liabilitiesliability, claims, liensdemands, costs and expenses (includingcauses of action, but not limited tojudgments, court costs, reasonable attorneys’ expenses, and all losses and damages arising from any activity in the Premises even if resulting from the negligent act or omission of any of the Tenant Indemnities, and from all costs, attorney fees and litigation expenses) disbursements, and liabilities incurred in connection with injury to or death the defense of any person such claim. Upon notice from Landlord, Tenant shall defend any such claim, demand, cause of action or damage suit at Tenant's expense by counsel satisfactory to Landlord in its reasonable discretion. The provisions of this subsection (A) shall survive the expiration or theft, loss or loss of the use of any property occurring in or about the Premises arising from Tenant’s occupancy of the Premises, or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms earlier termination of this Lease. (B) Landlord shall indemnify, or due to any other act or omission or willful misconduct of defend and hold harmless Tenant or any of and its agentsofficers, directors, partners, employees, contractorsattorneys and agent (collectively, assignsthe "Landlord Indemnities") for, subtenants, guest or invitees. b. Tenant shall not be liable to Landlord, its agents, servants, employees, contractors, customers or invitees for any damage to person or property caused by any act, omission or neglect of Landlord. Without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, Landlord agrees to indemnify, defend by counsel reasonably acceptable to Tenant and hold Tenant harmless of, from and against any and all losses, damages, liabilitiesliability, claims, liensdemands, costs and expenses (includingcauses of action, but not limited tojudgments, court costs, reasonable attorneys’ fees expenses, and litigation expenses) in connection with injury to or all losses and damages for bodily injury, death of and properly damage arising from any person or damage to or theft, loss or loss of the use of any property occurring activity in or about the Premises arising Building (other than the Premises) even if resulting from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or due to any other grossly negligent act or omission or willful misconduct of any of Landlord Indemnities, and from all costs, attorney fees and disbursements, and liabilities incurred in the defense of any such claim. Upon notice from Tenant, Landlord shall defend any such claim, demand, cause of action or any suit at Landlord's expense by counsel satisfactory to Tenant in its reasonable discretion. The provisions of its agents this subsection (B) shall survive the expiration or employeesearlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Bionx Implants Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!