Indemnification and Subrogation a. Subject to clause (b) below, and unless explicitly stated otherwise in this Lease, Tenant shall indemnify, defend and hold Library, and its members, officers, agents and representatives, harmless from and against any cost, claim, damage, liability or expense (including attorneys’ fees), whether to person or property, incurred by or claimed against Library, directly or indirectly, as a result of or in any way arising from Tenant’s breach of any covenant of this Lease, Xxxxxx’s use and occupancy of the Premises, Xxxxxx’s use or occupancy of any equipment, facilities, or property in or about the Building or in any other manner that relates to the business of Tenant, whether caused by the actions or omissions of Tenant or those of Tenant’s employees, agents, contractors or invitees.
b. Notwithstanding any other provision contained in this Lease to the contrary, Library and Tenant on behalf of themselves and all others claiming under them, including any insurer, waive all claims against each other, including all rights of subrogation, for loss or damage to the Premises or Building or any portion thereof, property or operations therein, arising from fire and any of the other perils normally insured against in a “special form” policy of commercial property insurance, regardless of the negligence of either party; provided, however, that the foregoing waivers shall not apply to any deductibles payable on insurance policies carried by Library or to any coinsurance penalties payable by Library. Library and Tenant shall each give notice of the terms of this Section to their insurer and shall have their policies properly endorsed (if necessary), to prevent the invalidation of such insurance by reason of this Section’s provisions.
Indemnification and Subrogation. Xxxxxx agrees to have its insurer waive any right of subrogation of any claim of Renter or of the insurance company against Owner, its employees, or agents arising out of any loss, damage or injury which occurs on, at, and around the Facility or Rented Space. Xxxxxx agrees to indemnify, defend and hold Owner harmless from any and all loss, claim, demands, damage, liability, expense, fines or penalties arising out of or related in any manner to such foregoing injuries, death or losses to person or Personal Property, or damages to stored Personal Property however occurring, or arising out of or related to any breach of this Rental Agreement by Renter, Renter’s agents, employees, guests or other invitees. Renter shall also pay Owner for all of Owner's attorney fees incurred in enforcing any obligation under this Provision.
Indemnification and Subrogation. (a) If the Borrower in respect of any loan of securities effected pursuant hereto causes a Default under Section 12 of any Securities Lending Agreement and the Borrower has failed to transfer amounts in respect of a distribution (a “Distribution”) with respect to some or all of the Loaned Securities, then Lender’s Agent shall at its expense (subject to Paragraph 4. (c) hereof) as soon as practicable after the Due Date, undertake the following: (i) with respect to Distributions in the form of cash, Lender’s Agent shall credit to Lender’s account the full amount of such Distributions and (ii) with respect to Distributions in the form of securities, Lender’s Agent shall, at its option, either purchase replacement securities (of an equal amount of the same issue, class, type or series as the Distribution on the Due Date) or credit Lender’s account with the market value.
(b) If the Borrower in respect of any loan of securities effected pursuant hereto causes a Default under Section 12 of any Securities Lending Agreement with respect to some or all of the Loaned Securities by not returning such Loaned Securities to Lender’s Agent for Lender’s account when due (the “Return Date”) in accordance with such Securities Lending Agreement, then Lender’s Agent shall, at its option and its expense (subject to Paragraph 4. (c) hereof), as described in Paragraph 3 hereof, either purchase replacement securities (of an equal amount of the same issue, class, type or series as the Loaned Securities) on the principal market in which such securities are traded or credit Lender’s account with the market value of such Loaned Securities on the Return Date.
(c) If, as the result of the occurrence of any event as specified in paragraph (a) or (b) above, Lender’s Agent effects any purchase of securities for, or credit to, Lender’s account in respect of a loan of securities, Lender agrees that Lender’s Agent shall be subrogated to, and Lender shall assign and be deemed to have assigned to Lender’s Agent, all of Lender’s rights in, to and against the Borrower (and any guarantor thereof) in respect of such loan, any Collateral pledged by the Borrower in respect of such loan (including any letters of credit and the issuers thereof), the Distributions (in the case of Paragraph (a) above), and all proceeds of such Collateral and such Distributions, and contemporaneous with Lender’s Agent effecting any purchase of securities for, or credit to, Lender’s account, as aforesaid, Lender agrees tha...
Indemnification and Subrogation. If anyone other than you asks us to pay for any harm or damages (including property damage, personal injury or death) connected with or resulting from (i) our breach of this agreement or a failure of the System or services, (ii) our negligence (including gross negligence), (iii) any other improper or careless activity of ours in providing the System or services or (iv) a claim for indemnification or contribution, you will pay us (a) any amount which a court orders us to pay or which we reasonably agree to pay, and (b) the amount of our reasonable attorneys’ fees and any other losses or costs that we may pay in connection with the harm or damages. Your obligation to pay us for such harm or damages shall not apply if the harm or damages happens while one of our employees or subcontractors is in or about your premises, and that employee or subcontractor solely causes such harm or damages. Unless prohibited by your property insurance policy, you agree to release us from any claims of any parties suing through your authority or in your name, such as your insurance company, and you agree to defend us against any such claim. You will notify your insurance company of this release.
Indemnification and Subrogation. (a) In addition to all other obligations of East Coast hereunder, East Coast shall defend, indemnify, and hold harmless EPME and its Affiliates and the Shared Personnel from and against any and all claims, actions, damages, expenses (including reasonable attorneys' fees and expenses), losses, settlements, or liabilities (collectively, "Liabilities") incurred or asserted against EPME or its Affiliates or the Shared Personnel in connection with this Agreement and performance of the Services pursuant hereto, including Liabilities (i) resulting from any failure on the part of East Coast to perform its obligations under this Agreement, (ii) arising as a result of, or in any way connected with, the negligence, fraud, bad faith, or willful misconduct of East Coast, (iii) arising as a result of, or in any way connected with, the use, operation, possession, control, maintenance, or repair of the facilities with respect to which the Services are being performed, or (iv) arising from East Coast having taken any action, or omitted to take any action after due notice of the necessity therefor, and of the likely consequences of such act or omission, preventing the Shared Personnel from performing any of the Services, but excluding Liabilities to the extent that they result from the bad faith, fraud, or willful misconduct of the Shared Personnel.
Indemnification and Subrogation. If Subordinate Agency or any affiliate shall acquire, by indemnification, subrogation or otherwise, any lien, estate, right or other interest in the Property, that lien, estate, right or other interest shall be subordinate to the Senior Mortgage and the other Senior Loan Documents as provided herein, and Subordinate Agency or such affiliate hereby waives, until all amounts owed under the Senior Loan Documents have been indefeasibly paid in full, the right to exercise any and all such rights it may acquire by indemnification, subrogation or otherwise.
Indemnification and Subrogation. The Landlord shall not be liable for any damage or injury to any person or property whether it be the person or property of the Tenant or the Tenant's employees, agents, guests, invitees or any other persons whomsoever by reason of Tenant's occupancy of the Premises or because of fire, flood, windstorm, Acts of God or for any other reason. The Tenant agrees to indemnify, defend and save harmless the Landlord from and against any and all loss, damage, claim, demand, liability or expense by reason of injury or death of any person or damage to or loss of property which may arise or be claimed to have arisen as a result of the occupancy or use of said Premises by the Tenant or by reason thereof, or in connection therewith, or in any way arising on account of any injury or damage caused to any person or property on or in the Premises, providing however, that Tenant shall not indemnify as to the loss or damage due to gross negligence or intentional misconduct of Landlord, its agents, employees, or contractors. If Tenant's use of the Premises causes Landlord's insurance premium(s) for the Building to be increased, the Tenant agrees to pay, as Additional Rent, the entire cost of such increase, plus any applicable sales or use taxes. The Tenant hereby waives on behalf of each and every insurer under any insurance policies relating to the Premises or the Building in which the Premises is located, or related to the contents thereof, or any personal property of the Tenant, all of Tenant's rights of recovery from or claims against Landlord, its employees, agents, and agent's employees, by means of any loss, damage or injury to said contents, leasehold improvements or personal property whether by way of subrogation, assignment of claims or otherwise.
Indemnification and Subrogation. Lessee agrees for itself, and to have its insurer, waive any right of subrogation of any claim of Lessee against Lessor, its employees, or agents. Lessee agrees to indemnify, defend and hold Lessor harmless from any and all loss, claim, demands, damage, liability, expense, fines or penalties arising out of or related in any manner to such foregoing injuries, death or losses to person or Personal Property, or damages to Lessee’s Personal Property however occurring, or arising out of or related to any breach of this Agreement by Lessee or Lessee’s invitees.
Indemnification and Subrogation. 7.1 LANDLORD shall not be responsible for the loss of or damage to property, or injury to persons, occurring in or about the demised premises, by reason of any existing or future condition, defect, matter, or thing on said premises or the property of which the premises are a part, or for the acts, ommissions or negligence of other persons or tenants in and about the said property.
7.2 TENANT agrees to indemnify and save LANDLORD harmless from all claims and liability for losses of or damage to property, or injuries to persons occurring in or about the demised premises.
7.3 To the extent TENANT carries hazard insurance on the demised premises or on the property therein, whether or not required hereby, each such policy of insurance shall contain a provision waiving subrogation against LANDLORD. TENANT hereby releases LANDLORD from any liability which LANDLORD may have for damages by fire or other casualty with respect to which TENANT shall be insured under a policy of insurance containing such provision waiving subrogation.
Indemnification and Subrogation. Subscriber agrees to and shall indemnify and hold harmless Granite, its employees, agents and subcontractors, from and against all claims, lawsuits and demands, including those brought by third parties or Subscriber, and all losses, expenses and reasonable attorneys’ fees, asserted against and alleged to be caused by Granite’s performance, negligence, gross negligence or failure to perform any obligation under this Agreement. These obligations will survive the expiration or termination of this Agreement. Except for Granite’s subcontractors, the parties agree that there are no third party beneficiaries of this Agreement. Subscriber waives, on its behalf and on behalf of any insurance provider, any right of subrogation and agrees to release Granite from any claims of any parties suing through Subscriber’s authority or in Subscriber’s name, such as Subscriber’s insurance company, and Subscriber agrees to defend Granite against any such claim.
