Common use of Indemnification and Subrogation Clause in Contracts

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.