Common use of Indemnification and Waiver Clause in Contracts

Indemnification and Waiver. To the extent not prohibited by law, Landlord, its members, partners, subpartners and affiliates and their respective officers, agents, servants, employees, and independent contractors (collectively, "LANDLORD PARTIES") shall not be liable for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant. Tenant shall indemnify, defend, protect, and hold harmless Landlord Parties from any and all loss, cost, damage, expense and liability, including without limitation court costs and reasonable attorneys' fees (collectively, "CLAIMS") incurred in connection with or arising from any cause in, on or about the Premises during the Lease Term, provided that the terms of the foregoing indemnity by Tenant shall not apply to the gross negligence or willful misconduct of Landlord or its agents, contractors, servants, employees or licensees in connection with Landlord's activities in the Project and Landlord shall indemnify, defend, protect and hold Tenant, its officers, directors, agents, servants and employees harmless from any such Claims (except for damage to the Tenant Improvements and Tenant's personal property, fixtures, furniture and equipment in the Premises, to the extent Tenant is required to obtain the requisite insurance coverage pursuant to this Lease). The provisions of this Section 10.1 shall survive the expiration or sooner termination of this Lease with respect to any claims or liability occurring prior to such expiration or termination.

Indemnification and Waiver. To the extent not prohibited by law, -------------------------- Landlord, its members, partners, subpartners and affiliates members and their respective partners, subpartners, officers, agents, servants, employees, and independent contractors (collectively, "LANDLORD PARTIESLandlord Parties") shall not be liable for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant. Tenant shall indemnify, defend, protect, and hold harmless Landlord Parties from any and all loss, cost, damage, expense and liability, liability (including without limitation court costs and reasonable attorneys' fees (collectively, "CLAIMS"fees) incurred in connection with or arising from any cause inarising out of or relating (directly or indirectly) to this Lease, on the tenancy created under this Lease, or about the Premises during the Lease TermPremises, provided that the terms of the foregoing indemnity by Tenant shall not apply to the gross negligence or willful wilful misconduct of Landlord or its agents, contractors, servants, employees or licensees in connection with Landlord's activities in the Project and Landlord shall indemnify, defend, protect and hold Tenant, its officers, directors, agents, servants and employees harmless from any such Claims (except for damage to the Tenant Improvements and Tenant's personal property, fixtures, furniture and equipment in the Premises, to the extent Tenant is required to obtain the requisite insurance coverage pursuant to this Lease). The provisions of this Section 10.1 shall survive the expiration or sooner termination of this Lease with respect to any claims or liability occurring prior to such expiration or termination. Notwithstanding anything to the contrary contained in this Lease, nothing in this Lease shall impose any obligations on Tenant or Landlord to be responsible or liable for, and each hereby releases the other from all liability for, consequential damages other than those consequential damages incurred by Landlord in connection with a holdover of the Premises by Tenant after the expiration or earlier termination of this Lease.

Indemnification and Waiver. To the extent not prohibited by law, Landlord, its members, partners, subpartners and affiliates partners and their respective officers, agents, servants, employees, and independent contractors (collectively, "LANDLORD PARTIES"“Landlord Parties”) shall not be liable for, for any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. Tenant shall indemnify, defend, protect, and hold harmless Landlord Parties from any and all loss, cost, damage, expense and liability, liability (including without limitation court costs and reasonable attorneys' fees (collectively, "CLAIMS"’ fees) incurred in connection with or arising from (i) any cause in, on or about the Premises during Premises, and (ii) any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, its partners, and their respective officers, agents, servants, employees, and independent contractors (collectively, the “Tenant Parties”), in, on or about the Project, in either event either prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity by Tenant shall not apply to the gross extent of the negligence or willful misconduct of the Landlord or Parties, specifically including, but not limited to, Landlord’s failure to satisfy its agents, contractors, servants, employees or licensees compliance with Applicable Law as set forth in connection with Landlord's activities in the Project and Landlord shall indemnify, defend, protect and hold Tenant, its officers, directors, agents, servants and employees harmless from any such Claims (except for damage to the Tenant Improvements and Tenant's personal property, fixtures, furniture and equipment in the Premises, to the extent Tenant is required to obtain the requisite insurance coverage pursuant to Article 24 of this Lease). The provisions of this Section 10.1 shall survive the expiration or sooner termination of this Lease with respect to any claims or liability occurring prior to such expiration or termination.

Indemnification and Waiver. To the extent not prohibited by law, Landlord, its members, partners, subpartners and affiliates and their respective officers, agents, servants, employees, and independent contractors (collectively, "LANDLORD PARTIES"“Landlord Parties”) shall not be liable for, any damage either to person or property properly or resulting from the loss of use thereof, which damage is sustained by Tenant. Tenant shall indemnify, defend, protect, and hold harmless Landlord Parties from any and all loss, cost, damage, expense and liability, including without limitation court costs and reasonable attorneys' ’ fees (collectively, "CLAIMS"“Claims”) incurred in connection with or arising from any cause in, on or about the Premises during the Lease Term, provided that the terms of the foregoing indemnity by Tenant shall not apply to the gross negligence or willful misconduct of Landlord or its agents, contractors, servants, employees or licensees in connection with Landlord's ’s activities in the Project and Landlord shall indemnify, defend, protect and hold Tenant, its officers, directors, agents, servants and employees harmless from any such Claims (except for damage to the Tenant Improvements and Tenant's ’s personal property, fixtures, furniture and equipment in the Premises, to the extent Tenant is required to obtain the requisite insurance coverage pursuant to this Lease). The provisions of this Section 10.1 shall survive the expiration or sooner termination of this Lease with respect to any claims or liability occurring prior to such expiration or termination.

Indemnification and Waiver. To the extent not prohibited by law, Landlord, its members, partners, subpartners and affiliates and their respective officers, agents, servants, employees, and independent contractors (collectively, "LANDLORD PARTIES") Tenant shall not be liable for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant. Tenant shall indemnify, defend, protect, and hold harmless Landlord Parties from any and all loss, cost, damage, expense and liability, including without limitation court costs and reasonable attorneys' fees (collectively, "CLAIMS") incurred in connection with or arising from any cause in, on or about the Premises during the Lease Term, provided that the terms of the foregoing indemnity by Tenant shall not apply to the gross negligence or willful misconduct of Landlord or its agents, contractors, servants, employees or licensees in connection with Landlord's activities in the Project and Landlord shall indemnify, defend, protect and hold TenantLandlord and Landlord’s partners, its officers, directors, employees, agents, servants successors and employees assigns (collectively, “Landlord Indemnified Parties”) harmless from and against, any such Claims and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including reasonable attorneys’ fees and court costs (except for damage to the collectively, “Indemnified Claims”), arising or resulting from (a) any negligent or willful act or omission of Tenant Improvements and or any of Tenant's personal property’s agents, fixturesemployees, furniture and equipment contractors, subtenants, assignees, invitees or licensees in or about the Premises, the Building or the Real Property (collectively, “Tenant Parties”); (b) any occurrence within the Premises unless caused by the gross negligence or willful misconduct of Landlord; and/or (c) any default by Tenant of any obligations on Tenant’s part to be performed under the terms of this Lease. Except to the extent caused by the gross negligence or willful misconduct of Landlord, Tenant is required hereby assumes all risk of damage to obtain property or injury to persons in or about the requisite insurance coverage pursuant to this Lease)Premises, the Building or elsewhere on the Real Property from any cause, and Tenant hereby waives all claims in respect thereof against Landlord. The provisions of this Section 10.1 shall survive the expiration or sooner termination of this Lease with respect to any claims or liability occurring prior to such expiration or termination.

Indemnification and Waiver. To Tenant hereby assumes all risk of damage to property and injury to persons, in, on, or about the extent not prohibited by law, Premises from any cause whatsoever and agrees that Landlord, and its memberspartners and subpartners, partners, subpartners and affiliates and their respective officers, agents, property managers, servants, employees, and independent contractors (collectively, "LANDLORD PARTIESLandlord Parties") shall not be liable for, and are hereby released from any responsibility for, any damage either to person property or property injury to persons or resulting from the loss of use thereof, which damage or injury is sustained by Tenant or by other persons claiming through Tenant. Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all loss, cost, damage, expense and liability, liability (including without limitation court costs and reasonable attorneys' fees (collectively, "CLAIMS"fees) incurred in connection with or arising from any cause in, on or about the Premises during (including, without limitation, Tenant's installation, placement and removal of Alterations, improvements, fixtures and/or equipment in, on or about the Lease TermPremises), provided and any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, licensees or invitees of Tenant or any such person, in, on or about the Premises, Building and Real Property; provided, however, that the terms of the foregoing indemnity by Tenant shall not apply to the gross negligence or willful misconduct of Landlord or its agents, contractors, servants, employees or licensees in connection with Landlord's activities in the Project and Landlord shall indemnify, defend, protect and hold Tenant, its officers, directors, agents, servants and employees harmless from any such Claims (except for damage to the Tenant Improvements and Tenant's personal property, fixtures, furniture and equipment in the Premises, to the extent Tenant is required to obtain the requisite insurance coverage pursuant to this Lease). The provisions of this Section 10.1 shall survive the expiration or sooner termination of this Lease with respect to any claims or liability occurring prior to such expiration or terminationLease.

Indemnification and Waiver. To Tenant hereby assumes all risk of damage to property and injury to persons, in, on, or about the extent not prohibited by law, Premises from any cause whatsoever and agrees that Landlord, and its memberspartners and subpartners, partners, subpartners and affiliates and their respective officers, agents, property managers, servants, employees, and independent contractors (collectively, "LANDLORD PARTIES"“Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person property or property injury to persons or resulting from the loss of use thereof, which damage or injury is sustained by Tenant or by other persons claiming through Tenant. Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all loss, cost, damage, expense and liability, liability (including without limitation court costs and reasonable attorneys' fees (collectively, "CLAIMS"’ fees) incurred in connection with or arising from any cause in, on or about the Premises during (including, without limitation, Tenant’s installation, placement and removal of Alterations, improvements, fixtures and/or equipment in, on or about the Lease TermPremises), provided and any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, licensees or invitees of Tenant or any such person, in, on or about the Premises, the Building and Real Property; provided, however, that the terms of the foregoing indemnity by Tenant shall not apply to the gross negligence or willful misconduct of Landlord or its agents, contractors, servants, employees or licensees in connection with Landlord's activities in the Project and Landlord shall indemnify, defend, protect and hold Tenant, its officers, directors, agents, servants and employees harmless from any such Claims (except for damage to the Tenant Improvements and Tenant's personal property, fixtures, furniture and equipment in the Premises, to the extent Tenant is required to obtain the requisite insurance coverage pursuant to this Lease). The provisions of this Section 10.1 shall survive the expiration or sooner termination of this Lease with respect to any claims or liability occurring prior to such expiration or terminationLease.

Indemnification and Waiver. To Tenant hereby assumes all risk of damage to property and injury to persons, in, on, or about the extent not prohibited by law, Premises from any cause whatsoever and agrees that Landlord, and its memberspartners and subpartners, partners, subpartners and affiliates and their respective officers, agents, property managers, servants, employees, and independent contractors (collectively, "LANDLORD PARTIES"“Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person property or property injury to persons or resulting from the loss of use thereof, which damage or injury is sustained by Tenant or by other persons claiming through Tenant. Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all loss, cost, damage, expense and liability, liability (including without limitation court costs and reasonable attorneys' fees (collectively, "CLAIMS"’ fees) incurred in connection with or arising from any cause in, on or about the Premises during (including, without limitation, Tenant’s installation, placement and removal of Alterations, improvements, fixtures and/or equipment in, on or about the Lease TermPremises), provided and any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, licensees or invitees of Tenant or any such person, in, on or about the Premises, Building and Real Property; provided, however, that the terms of the foregoing indemnity by Tenant shall not apply to the gross negligence or willful misconduct of Landlord or its agents, contractors, servants, employees or licensees in connection with Landlord's activities in the Project and Landlord shall indemnify, defend, protect and hold Tenant, its officers, directors, agents, servants and employees harmless from any such Claims (except for damage to the Tenant Improvements and Tenant's personal property, fixtures, furniture and equipment in the Premises, to the extent Tenant is required to obtain the requisite insurance coverage pursuant to this Lease). The provisions of this Section 10.1 shall survive the expiration or sooner termination of this Lease with respect to any claims or liability occurring prior to such expiration or terminationLease.

Indemnification and Waiver. To the extent not prohibited by law, Landlord, its members, partners, subpartners and affiliates and their respective officers, agents, servants, employees, and independent contractors (collectively, "LANDLORD PARTIES") shall not be liable for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant. Tenant shall indemnify, defend, protect, and hold harmless Landlord Parties from any and all loss, cost, damage, expense and liability, including without limitation court costs and reasonable attorneys' fees (collectively, "CLAIMS") incurred in connection with or arising from any cause in, on or about the Premises during the Lease Term, provided that the terms of the foregoing indemnity by Tenant shall not apply to the gross negligence or willful misconduct of Landlord or its agents, contractors, servants, employees or licensees in connection with Landlord's activities in the Project and Landlord shall indemnify, defend, protect and hold Tenant, its officers, directors, agents, servants and employees harmless from any such Claims (except for damage to the Tenant Improvements and Tenant's personal property, fixtures, furniture and equipment in the Premises, to the extent Tenant is required to obtain the requisite insurance coverage pursuant to this Lease). The provisions of this PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] Section 10.1 shall survive the expiration or sooner termination of this Lease with respect to any claims or liability occurring prior to such expiration or termination.

Indemnification and Waiver. To Tenant hereby assumes all risk of damage -------------------------- to property and injury to persons, in, on, or about the extent not prohibited by law, Premises from any cause whatsoever and agrees that Landlord, and its memberspartners and subpartners, partners, subpartners and affiliates and their respective officers, agents, property managers, servants, employees, and independent contractors (collectively, "LANDLORD PARTIES") shall not be liable for, and are hereby released from any responsibility for, any damage either to person property or property injury to persons or resulting from the loss of use thereof, which damage or injury is sustained by Tenant or by other persons claiming through Tenant. Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all loss, cost, damage, expense and liability, liability (including without limitation court costs and reasonable attorneys' fees (collectively, "CLAIMS"fees) incurred in connection with or arising from any cause in, on or about the Premises during (including, without limitation, Tenant's installation, placement and removal of Alterations, improvements, fixtures and/or equipment in, on or about the Lease TermPremises), provided and any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, licensees or invitees of Tenant or any such person, in, on or about the Premises, Building and Real Property; provided, however, that the terms of the foregoing indemnity by Tenant shall not apply to the gross negligence or willful misconduct of Landlord or its agents, contractors, servants, employees or licensees in connection with Landlord's activities in the Project and Landlord shall indemnify, defend, protect and hold Tenant, its officers, directors, agents, servants and employees harmless from any such Claims (except for damage to the Tenant Improvements and Tenant's personal property, fixtures, furniture and equipment in the Premises, to the extent Tenant is required to obtain the requisite insurance coverage pursuant to this Lease). The provisions of this Section 10.1 shall survive the expiration or sooner termination of this Lease with respect to any claims or liability occurring prior to such expiration or terminationLease.

Indemnification and Waiver. To the extent not prohibited by lawSubject to Section 10.6 below, Landlord, its members, partners, subpartners and affiliates and their respective officers, agents, servants, employees, and independent contractors (collectively, "LANDLORD PARTIES") Tenant shall not be liable for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant. Tenant shall indemnify, defend, protect, and hold harmless Landlord Parties from any and all loss, cost, damage, expense and liability, including without limitation court costs and reasonable attorneys' fees (collectively, "CLAIMS") incurred in connection with or arising from any cause in, on or about the Premises during the Lease Term, provided that the terms of the foregoing indemnity by Tenant shall not apply to the gross negligence or willful misconduct of Landlord or its agents, contractors, servants, employees or licensees in connection with Landlord's activities in the Project and Landlord shall indemnify, defend, protect and hold TenantLandlord and Landlord’s partners, its officers, directors, employees, agents, servants successors and employees assigns (collectively, “Landlord Indemnified Parties”) harmless from and against, any such Claims and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including reasonable attorneys’ fees and court costs (except for damage to the collectively, “Indemnified Claims”), arising or resulting from (a) any negligent or willful act or omission of Tenant Improvements and or any of Tenant's personal property’s agents, fixturesemployees, furniture and equipment contractors, subtenants, assignees, invitees or licensees in or about the Premises, the Building or the Real Property (collectively, “Tenant Parties”); (b) any occurrence within the Premises unless solely caused by the gross negligence or willful misconduct of Landlord; and/or (c) any default by Tenant of any obligations on Tenant’s part to be performed under the extent Tenant is required to obtain the requisite insurance coverage pursuant to terms of this Lease). Tenant hereby assumes all risk of damage to property or injury to persons in or about the Premises from any cause, and Tenant hereby waives all claims in respect thereof against Landlord unless solely caused by the gross negligence or willful misconduct of Landlord. The provisions of this Section 10.1 shall survive the expiration or sooner termination of this Lease with respect to any claims or liability occurring prior to such expiration or termination.

Indemnification and Waiver. To the extent not prohibited by law, -------------------------- Landlord, its members, partners, subpartners and affiliates and their respective officers, agents, servants, employees, and independent contractors (collectively, "LANDLORD PARTIESLandlord Parties") shall not be liable for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant. Tenant shall indemnify, defend, protect, and hold harmless Landlord Parties from any and all loss, cost, damage, expense and liability, liability (including without limitation court costs and reasonable attorneys' fees (collectively, "CLAIMS"fees) incurred in connection with or arising from any cause in, on or about the Premises during Premises, either prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity by Tenant shall not apply to the gross negligence or willful misconduct of Landlord or its agentsLandlord. In no event, contractorshowever, servants, employees or licensees in connection with shall Landlord's activities in liability for any act or omission exceed the Project and amount of insurance proceeds available to Landlord shall indemnify, defend, protect and hold Tenant, its officers, directors, agents, servants and employees harmless from any such Claims (except for damage pursuant to the Tenant Improvements and Tenant's personal property, fixtures, furniture and equipment in the Premises, to the extent Tenant is required to obtain the requisite insurance coverage pursuant to this Lease)carried by Landlord hereunder. The provisions of this Section 10.1 shall survive the expiration or sooner termination of this Lease with respect to any claims or liability occurring prior to such expiration or termination.

Indemnification and Waiver. To the extent not prohibited by law, and except as otherwise provided in this Lease, Landlord, its members, partners, subpartners and affiliates and their respective officers, agents, servants, employees, and independent contractors (collectively, "LANDLORD PARTIES"“Landlord Parties”) shall not be liable for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by TenantTenant or the Tenant Parties. Tenant shall indemnify, defend, protect, and hold harmless Landlord Parties from any and all loss, cost, damage, expense and liability, (including without limitation court costs and reasonable attorneys' fees ’ fees) (collectively, "CLAIMS"“Claims”) incurred in connection with or arising from any cause in, on or about the Premises during Demised Premises, either prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity by Tenant shall not apply to the gross negligence or willful misconduct of Landlord or its agents, contractors, servants, employees or licensees in connection with Landlord's ’s activities in the Project and Landlord shall indemnify, defend, protect and hold Tenant, its officers, directors, agents, servants and employees harmless from any such Claims (except for damage to the Tenant Improvements and Tenant's ’s personal property, fixtures, furniture and equipment in the Premises, to the extent Tenant is required to obtain the requisite insurance coverage pursuant to this Lease)) and Landlord hereby agrees to indemnify, defend, protect and hold harmless Tenant and the Tenant Parties from any such Claims. The provisions of this Section 10.1 7.6 shall survive the expiration or sooner termination of this Lease with respect to any claims or liability occurring prior to such expiration or termination.

Indemnification and Waiver. To Except to the extent not prohibited by lawof the gross negligence and/or willful misconduct of the Landlord Parties (as defined below), Tenant hereby assumes all risk of damage to property and injury to persons, in, on, or about the Premises from any cause whatsoever and agrees that Landlord, and its memberspartners and subpartners, partners, subpartners and affiliates and their respective officers, agents, property managers, servants, employees, and independent contractors (collectively, "LANDLORD PARTIES"“Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person property or property injury to persons or resulting from the loss of use thereof, which damage or injury is sustained by Tenant or by other persons claiming through Tenant. Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all loss, cost, damage, expense and liabilityliability (including, including without limitation limitation, court costs and reasonable attorneys' fees (collectively, "CLAIMS"’ fees) incurred in connection with or arising from any cause in, on or about the Premises during (including, without limitation, Tenant’s installation, placement and removal of Alterations, improvements, fixtures and/or equipment in, on or about the Lease TermPremises), provided and any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, licensees or invitees of Tenant or any such person, in, on or about the Premises, the Building and Project; provided, however, that the terms of the foregoing indemnity by Tenant shall not apply to the gross negligence or willful misconduct of Landlord or its agents, contractors, servants, employees or licensees in connection with Landlord's activities in the Project and Landlord shall indemnify, defend, protect and hold Tenant, its officers, directors, agents, servants and employees harmless from any such Claims (except for damage to the Tenant Improvements and Tenant's personal property, fixtures, furniture and equipment in the Premises, to the extent Tenant is required to obtain the requisite insurance coverage pursuant to this Lease). The provisions of this Section 10.1 shall survive the expiration or sooner earlier termination of this Lease with respect to any claims or liability occurring prior to such expiration or terminationLease.