Common use of Indemnification and Waiver Clause in Contracts

Indemnification and Waiver. TENANT KNOWINGLY AND VOLUNTARILY WAIVES AND RELEASES (COLLECTIVELY, THE “WAIVERS”) THE LANDLORD PARTIES AND HEREBY AGREES TO INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS (COLLECTIVELY, THE “INDEMNIFICATION OBLIGATIONS”) THE LANDLORD PARTIES, THEIR SUCCESSORS AND ASSIGNS, FROM AND AGAINST, ANY AND ALL FINES, SUITS, LITIGATION, LOSSES, COSTS, LIABILITIES, CLAIMS, DEMANDS, OBLIGATIONS, INJURIES, PENALTIES, DISBURSEMENTS, CHARGES, ASSESSMENTS, SETTLEMENT PAYMENTS, DAMAGES (INCLUDING ACTUAL, CONSEQUENTIAL AND PUNITIVE), ACTIONS OR CAUSES OF ACTION (WHETHER IN TORT, CONTRACT, OR UNDER A THEORY OF STRICT LIABILITY, OR WHETHER IN LAW, EQUITY, STATUTORY OR OTHERWISE), LIENS, JUDGMENTS AND EXPENSES (INCLUDING LEGAL COSTS AS DEFINED IN THE FOLLOWING PARAGRAPH 6.02) OF EVERY KIND OR CHARACTER, FORESEEABLE AND UNFORESEEABLE, ARISING OR ALLEGED TO ARISE, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, IN CONNECTION WITH, RELATING TO, OR RESULTING FROM (INDIVIDUALLY, A “CLAIM”, AND COLLECTIVELY, THE “CLAIMS”) (A) ANY BREACH, VIOLATION OR NON-PERFORMANCE OF ANY TERM, PROVISION, COVENANT, AGREEMENT OR CONDITION ON THE PART OF ANY OF THE TENANT PARTIES, (B) ANY HARM TO, IMPAIRMENT OR LOSS OF, OR IMPAIRMENT OR LOSS OF USE OF, PROPERTY, INCLUDING INCOME SUFFERED BY ANY INDIVIDUAL OR ENTITY INSIDE THE PREMISES OR CAUSED OR SUFFERED BY ANY OF THE TENANT PARTIES OUTSIDE THE PREMISES, (C) HARM TO (INCLUDING SICKNESS OR DISEASE) OR DEATH OF A PERSON INSIDE THE PREMISES OR CAUSED OR SUFFERED BY ANY OF THE TENANT PARTIES OUTSIDE THE PREMISES, AND/OR (D) “PERSONAL AND ADVERTISING INJURY,” AS SUCH TERM IS DEFINED IN ISO FORM CG 0001 1001.

Indemnification and Waiver. Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause whatsoever and agrees that Landlord, its partners, subpartners and their respective officers, agents, 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 or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. TENANT KNOWINGLY SHALL INDEMNIFY, DEFEND, PROTECT, AND VOLUNTARILY WAIVES AND RELEASES (COLLECTIVELY, THE “WAIVERS”) HOLD HARMLESS THE LANDLORD PARTIES AND HEREBY AGREES TO INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS (COLLECTIVELY, THE “INDEMNIFICATION OBLIGATIONS”) THE LANDLORD PARTIES, THEIR SUCCESSORS AND ASSIGNS, FROM AND AGAINST, ANY AND ALL FINESLOSS, SUITSCOST, LITIGATIONDAMAGE, LOSSES, COSTS, LIABILITIES, CLAIMS, DEMANDS, OBLIGATIONS, INJURIES, PENALTIES, DISBURSEMENTS, CHARGES, ASSESSMENTS, SETTLEMENT PAYMENTS, DAMAGES EXPENSE AND LIABILITY (INCLUDING ACTUALWITHOUT LIMITATION COURT COSTS AND REASONABLE ATTORNEYS' FEES) INCURRED IN CONNECTION WITH OR ARISING FROM ANY CAUSE IN, CONSEQUENTIAL AND PUNITIVE)ON OR ABOUT THE PREMISES, ACTIONS ANY ACTS, OMISSIONS OR CAUSES NEGLIGENCE OF ACTION (WHETHER IN TORTTENANT OR OF ANY PERSON CLAIMING BY, CONTRACTTHROUGH OR UNDER TENANT, OR UNDER A THEORY OF STRICT LIABILITY, OR WHETHER IN LAW, EQUITY, STATUTORY OR OTHERWISE), LIENS, JUDGMENTS AND EXPENSES (INCLUDING LEGAL COSTS AS DEFINED IN THE FOLLOWING PARAGRAPH 6.02) OF EVERY KIND OR CHARACTER, FORESEEABLE AND UNFORESEEABLE, ARISING OR ALLEGED TO ARISE, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, IN CONNECTION WITH, RELATING TO, OR RESULTING FROM (INDIVIDUALLY, A “CLAIM”, AND COLLECTIVELY, THE “CLAIMS”) (A) ANY BREACH, VIOLATION OR NON-PERFORMANCE OF ANY TERM, PROVISION, COVENANT, AGREEMENT OR CONDITION ON THE PART OF ANY OF TENANT'S CUSTOMERS, THE CONTRACTORS, AGENTS, SERVANTS, EMPLOYEES, INVITEES, GUESTS OR LICENSEES OF TENANT PARTIESOR ANY SUCH PERSON, (B) IN, ON OR ABOUT THE PROJECT OR ANY HARM BREACH OF THE TERMS OF THIS LEASE, EITHER PRIOR TO, IMPAIRMENT OR LOSS OFDURING, OR IMPAIRMENT OR LOSS OF USE OF, PROPERTY, INCLUDING INCOME SUFFERED BY ANY INDIVIDUAL OR ENTITY INSIDE AFTER THE PREMISES OR CAUSED OR SUFFERED BY ANY EXPIRATION OF THE LEASE TERM, PROVIDED THAT THE TERMS OF THE FOREGOING INDEMNITY SHALL NOT APPLY TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. SHOULD LANDLORD BE NAMED AS A DEFENDANT IN ANY SUIT BROUGHT AGAINST TENANT PARTIES OUTSIDE IN CONNECTION WITH OR ARISING OUT OF TENANT'S OCCUPANCY OF THE PREMISES, (C) HARM TENANT SHALL PAY TO (LANDLORD ITS COSTS AND EXPENSES INCURRED IN SUCH SUIT, INCLUDING SICKNESS OR DISEASE) OR DEATH WITHOUT LIMITATION, ITS REASONABLE PROFESSIONAL FEES SUCH AS APPRAISERS', ACCOUNTANTS' AND ATTORNEYS' FEES. FURTHER, TENANT'S AGREEMENT TO INDEMNIFY LANDLORD PURSUANT TO THIS SECTION 10.1 IS NOT INTENDED AND SHALL NOT RELIEVE ANY INSURANCE CARRIER OF A PERSON INSIDE ITS OBLIGATIONS UNDER POLICIES REQUIRED TO BE CARRIED BY TENANT PURSUANT TO THE PREMISES OR CAUSED OR SUFFERED BY PROVISIONS OF THIS LEASE, TO THE EXTENT SUCH POLICIES COVER THE MATTERS SUBJECT TO TENANT'S INDEMNIFICATION OBLIGATIONS; NOR SHALL THEY SUPERSEDE ANY INCONSISTENT AGREEMENT OF THE TENANT PARTIES OUTSIDE SET FORTH IN ANY OTHER PROVISION OF THIS LEASE. THE PREMISES, AND/PROVISIONS OF THIS SECTION 10.1 SHALL SURVIVE THE EXPIRATION OR (D) “PERSONAL AND ADVERTISING INJURY,” AS SOONER TERMINATION OF THIS LEASE WITH RESPECT TO ANY CLAIMS OR LIABILITY ARISING IN CONNECTION WITH ANY EVENT OCCURRING PRIOR TO SUCH TERM IS DEFINED IN ISO FORM CG 0001 1001EXPIRATION OR TERMINATION.

Indemnification and Waiver. TENANT KNOWINGLY (a) LESSEE AGREES THAT THE PROCEEDS OF INSURANCE WILL BE LESSEE’S SOLE RECOURSE AGAINST LESSOR WITH RESPECT TO ANY CLAIMS THAT LESSEE MAY HAVE UNDER THIS AGREEMENT, EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OF WILLFUL MISCONDUCT BY LESSOR. (b) IN NO EVENT SHALL LESSOR BE LIABLE TO LESSEE OR ITS EMPLOYEES, AGENTS, GUESTS, OR INVITEES (AND VOLUNTARILY WAIVES THE LAWFUL SUCCESSORS AND RELEASES ASSIGNS THEREOF) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES AND/OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, INCLUDING AND NOT LIMITED TO ANY DELAY OR FAILURE TO FURNISH THE AIRCRAFT, OR CAUSED BY THE PERFORMANCE OR NON-PERFORMANCE BY LESSOR OF THIS AGREEMENT. (COLLECTIVELY, THE “WAIVERS”c) THE LANDLORD PARTIES AND HEREBY LESSEE AGREES TO INDEMNIFY, PROTECTDEFEND, DEFEND AND HOLD THE LESSOR HARMLESS (COLLECTIVELY, THE “INDEMNIFICATION OBLIGATIONS”) THE LANDLORD PARTIES, THEIR SUCCESSORS AND ASSIGNS, FROM AND AGAINST, ANY AND ALL FINESCLAIMS, SUITS, LITIGATIONLIABILITIES, LOSSES, COSTS, LIABILITIES, CLAIMS, DEMANDS, OBLIGATIONS, INJURIES, PENALTIES, DISBURSEMENTS, CHARGES, ASSESSMENTS, SETTLEMENT PAYMENTS, DAMAGES (INCLUDING ACTUAL, CONSEQUENTIAL AND PUNITIVE), ACTIONS COSTS OR CAUSES OF ACTION (WHETHER IN TORT, CONTRACTEXPENSE FOR INJURY TO PERSONS, OR UNDER A THEORY DAMAGE TO PROPERTY IN ANY WAY ARISING OUT ITS MISREPRESENTATION OR BREACH OF STRICT LIABILITY, THIS AGREEMENT. (d) THE PROVISIONS OF THIS SECTION 7 SHALL SURVIVE INDEFINITELY THE TERMINATION OR WHETHER IN LAW, EQUITY, STATUTORY OR OTHERWISE), LIENS, JUDGMENTS AND EXPENSES (INCLUDING LEGAL COSTS AS DEFINED IN THE FOLLOWING PARAGRAPH 6.02) OF EVERY KIND OR CHARACTER, FORESEEABLE AND UNFORESEEABLE, ARISING OR ALLEGED TO ARISE, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, IN CONNECTION WITH, RELATING TO, OR RESULTING FROM (INDIVIDUALLY, A “CLAIM”, AND COLLECTIVELY, THE “CLAIMS”) (A) ANY BREACH, VIOLATION OR NON-PERFORMANCE OF ANY TERM, PROVISION, COVENANT, AGREEMENT OR CONDITION ON THE PART OF ANY EXPIRATION OF THE TENANT PARTIES, (B) ANY HARM TO, IMPAIRMENT OR LOSS OF, OR IMPAIRMENT OR LOSS OF USE OF, PROPERTY, INCLUDING INCOME SUFFERED BY ANY INDIVIDUAL OR ENTITY INSIDE THE PREMISES OR CAUSED OR SUFFERED BY ANY OF THE TENANT PARTIES OUTSIDE THE PREMISES, (C) HARM TO (INCLUDING SICKNESS OR DISEASE) OR DEATH OF A PERSON INSIDE THE PREMISES OR CAUSED OR SUFFERED BY ANY OF THE TENANT PARTIES OUTSIDE THE PREMISES, AND/OR (D) “PERSONAL AND ADVERTISING INJURY,” AS SUCH TERM IS DEFINED IN ISO FORM CG 0001 1001AGREEMENT.

Indemnification and Waiver. EXCEPT FOR LANDLORD’S (OR LANDLORD’S EMPLOYEES OR AGENTS) GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, TENANT KNOWINGLY AND VOLUNTARILY WAIVES AND RELEASES (COLLECTIVELY, THE “WAIVERS”) THE LANDLORD PARTIES AND HEREBY AGREES TO INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS (COLLECTIVELYLANDLORD, THE “INDEMNIFICATION OBLIGATIONS”) THE LANDLORD PARTIESAND LANDLORD’S PARTNERS, THEIR SUCCESSORS OFFICERS, DIRECTORS, AGENTS AND ASSIGNSEMPLOYEES, FROM AND AGAINST, AGAINST ANY AND ALL FINES, SUITS, LITIGATION, LOSSES, COSTS, LIABILITIES, CLAIMS, DEMANDS, OBLIGATIONSACTIONS, INJURIESLIABILITIES, PENALTIESDAMAGES, DISBURSEMENTS, CHARGES, ASSESSMENTS, SETTLEMENT PAYMENTS, DAMAGES (INCLUDING ACTUAL, CONSEQUENTIAL AND PUNITIVE), ACTIONS OR CAUSES OF ACTION (WHETHER IN TORT, CONTRACT, OR UNDER A THEORY OF STRICT LIABILITY, OR WHETHER IN LAW, EQUITY, STATUTORY OR OTHERWISE), LIENS, JUDGMENTS COSTS AND EXPENSES (INCLUDING LEGAL COSTS AS DEFINED REASONABLE ATTORNEYS’ FEES) FOR INJURIES TO ANY PERSON AND DAMAGE TO OR THEFT OR MISAPPROPRIATION OR LOSS OF PROPERTY WHETHER OCCURRING IN OR ABOUT THE PREMISES AND ARISING FROM TENANT’S USE AND OCCUPANCY OF THE PREMISES OR FROM ANY ACTIVITY, WORK, OR THING DONE, PERMITTED OR SUFFERED BY TENANT IN OR ABOUT THE PREMISES (INCLUDING, WITHOUT LIMITATION, ANY ALTERATION BY TENANT) OR FROM ANY BREACH OR DEFAULT ON THE PART OF TENANT IN THE FOLLOWING PARAGRAPH 6.02) PERFORMANCE OF EVERY KIND ANY COVENANT OR CHARACTERAGREEMENT ON THE PART OF TENANT TO BE PERFORMED UNDER THIS LEASE OR DUE TO ANY OTHER ACT OR OMISSION OF TENANT, FORESEEABLE ITS SUBTENANTS, ASSIGNEES, INVITEES, EMPLOYEES, CONTRACTORS AND UNFORESEEABLEAGENTS OR THE ORDINARY NEGLIGENCE, ARISING NEGLIGENCE PER SE, STATUTORY, AND/OR ALLEGED STRICT LIABILITY OF LANDLORD. THE FURNISHING OF INSURANCE REQUIRED HEREUNDER SHALL NOT BE DEEMED TO ARISELIMIT TENANT’S OBLIGATIONS UNDER THE PROVISIONS OF THIS SECTION 22. LANDLORD AND ITS PARTNERS, DIRECTLY OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR, AND TENANT HEREBY WAIVES ALL CLAIMS AGAINST SUCH PARTIES FOR, INJURY TO PERSONS OR INDIRECTLYDAMAGE TO PROPERTY SUSTAINED BY TENANT OR ANY PERSON CLAIMING THROUGH TENANT RESULTING FROM ANY ACCIDENT OR OCCURRENCE IN OR UPON THE PREMISES FROM ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART, IN CONNECTION WITHDIRECTLY OR INDIRECTLY, RELATING TOBY THE NEGLIGENCE, OR RESULTING FROM (INDIVIDUALLYNEGLIGENCE PER SE, A “CLAIM”, AND COLLECTIVELY, THE “CLAIMS”) (A) ANY BREACH, VIOLATION OR NON-PERFORMANCE OF ANY TERM, PROVISION, COVENANT, AGREEMENT OR CONDITION ON THE PART OF ANY OF THE TENANT PARTIES, (B) ANY HARM TO, IMPAIRMENT OR LOSS OF, OR IMPAIRMENT OR LOSS OF USE OF, PROPERTY, INCLUDING INCOME SUFFERED BY ANY INDIVIDUAL OR ENTITY INSIDE THE PREMISES OR CAUSED OR SUFFERED BY ANY OF THE TENANT PARTIES OUTSIDE THE PREMISES, (C) HARM TO (INCLUDING SICKNESS OR DISEASE) OR DEATH OF A PERSON INSIDE THE PREMISES OR CAUSED OR SUFFERED BY ANY OF THE TENANT PARTIES OUTSIDE THE PREMISESSTATUTORY, AND/OR STRICT LIABILITY OF LANDLORD OR ITS PARTNERS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES. Notwithstanding the foregoing, except to the extent (Dbut only to the extent) that injury, death or property damage results from or is attributable to the negligence or willful misconduct of Tenant, its agents or employees, Landlord shall be liable to Tenant for and hereby agrees to indemnify, protect, defend and hold Tenant and Tenant’s shareholders, agents, directors, officers, members, employees, contractors, successors, assigns, and their respective personnel, agents, employees, contractors and representatives (collectively, the “PERSONAL AND ADVERTISING INJURY,” AS SUCH TERM IS DEFINED IN ISO FORM CG 0001 1001Tenant Related Parties”), harmless of and from any and all claims, causes of action, fines, damages, liabilities, obligations, suits, losses, liens, judgments and expenses (including court costs, reasonable attorneys’ fees and costs of investigation) of any kind, nature or description which result or arise or are alleged to result or arise from: (i) any breach or violation or non-performance of any covenant by Landlord under this Lease; or (ii) the activities of Landlord in and around the Premises, or the operations or conduct of Landlord’s business upon the Premises; or (iii) any breach, violation or non-performance by Landlord of any law or Environmental Requirements (as hereinafter defined) (the claims described in subparagraphs (i) through (iii) being collectively, the “Tenant Claims”).

Indemnification and Waiver. TENANT KNOWINGLY EXCEPT FOR ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY ON THE PROPERTY THAT IS PROXIMATELY CAUSED BY OR PROXIMATELY RESULTS FROM THE GROSS NEGLIGENCE, FRAUDULENT CONDUCT, OR DELIBERATE, WANTON AND VOLUNTARILY WAIVES AND RELEASES WILLFUL MISCONDUCT OF BROKER, BROKER'S REPRESENTATIVES OR BROKER'S EMPLOYEES, BROKER SHALL NOT BE LIABLE FOR, RESPONSIBLE FOR, OR ACCOUNTABLE FOR ANY DAMAGES (COLLECTIVELYINCLUDING CONSEQUENTIAL DAMAGES), CLAIMS, CAUSES OF ACTION, FINES, PENALTIES, LIABILITIES, JUDGMENTS, OR EXPENSES IMPOSED UPON OR INCURRED BY OWNER AS A RESULT OF THE “WAIVERS”) THE LANDLORD PARTIES AND HEREBY PERFORMANCE OF THIS AGREEMENT. OWNER AGREES TO INDEMNIFY, PROTECTDEFEND, DEFEND AND HOLD HARMLESS (COLLECTIVELYBROKER AND BROKER'S OFFICERS, THE “INDEMNIFICATION OBLIGATIONS”) THE LANDLORD PARTIESDIRECTORS, THEIR SUCCESSORS EMPLOYEES AND ASSIGNS, BROKERS FROM AND AGAINST, ANY AND AGAINST ALL FINES, SUITS, LITIGATION, LOSSES, COSTS, LIABILITIES, CLAIMS, DEMANDS, OBLIGATIONS, INJURIES, PENALTIES, DISBURSEMENTS, CHARGES, ASSESSMENTS, SETTLEMENT PAYMENTS, DAMAGES (INCLUDING ACTUAL, CONSEQUENTIAL AND PUNITIVEDAMAGES), ACTIONS OR CLAIMS, CAUSES OF ACTION (WHETHER IN TORTACTION, CONTRACTFINES, OR UNDER A THEORY OF STRICT LIABILITYPENALTIES, OR WHETHER IN LAWLIABILITIES, EQUITYJUDGMENTS, STATUTORY OR OTHERWISE), LIENS, JUDGMENTS AND EXPENSES (INCLUDING LEGAL COSTS AS DEFINED IN THE FOLLOWING PARAGRAPH 6.02REASONABLE ATTORNEY'S FEE) OF EVERY KIND WHATEVER NATURE ARISING FROM OR CHARACTER, FORESEEABLE AND UNFORESEEABLE, ARISING OR ALLEGED TO ARISE, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, IN CONNECTION WITH, RELATING RELATED TO, OR RESULTING FROM (INDIVIDUALLY, A “CLAIM”, AND COLLECTIVELY, THE “CLAIMS”) : (A) ANY BREACH, VIOLATION OR NON-PERFORMANCE OF ANY TERM, PROVISION, COVENANT, AGREEMENT OR CONDITION ON THE PART OF ANY OF THE TENANT PARTIES, PROPERTY, (B) ANY HARM TOTHE PERFORMANCE OF BROKER'S DUTIES UNDER THIS AGREEMENT (EXCEPT FOR ACTS OF GROSS NEGLIGENCE, IMPAIRMENT OR LOSS OFFRAUDULENT CONDUCT, OR IMPAIRMENT DELIBERATE, XXXXXX AND WILLFUL MISCONDUCT BY BROKER, BROKER'S REPRESENTATIVES OR LOSS OF USE OF, PROPERTY, INCLUDING INCOME SUFFERED BY ANY INDIVIDUAL OR ENTITY INSIDE THE PREMISES OR CAUSED OR SUFFERED BY ANY OF THE TENANT PARTIES OUTSIDE THE PREMISES, BROKER'S EMPLOYEES), (C) HARM TO (INCLUDING SICKNESS ANY ACTIVITY, WORK, NEGLIGENCE, OR DISEASE) THING DONE OR DEATH OF A PERSON INSIDE PERMITTED BY OWNER IN OR ABOUT THE PREMISES OR CAUSED OR SUFFERED BY ANY OF THE TENANT PARTIES OUTSIDE THE PREMISES, PROPERTY; AND/OR (D) “ANY ACT OF OMISSION OF OWNER IN, ABOUT, OR REGARDING THE PROPERTY. SUCH INDEMNIFICATION SHALL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS FOR PERSONAL AND ADVERTISING INJURY,” AS , DEATH, PROPERTY DAMAGE, DAMAGES DUE TO THE CONDITION OR MAINTENANCE OF THE PROPERTY OR ANY PART OR CONSTITUENT THEREOF, CLAIMS UNDER THE CONSTITUTION OR ANY FEDERAL, STATE OR MUNICIPAL LAW, STATUTE, ORDINANCE OR RESOLUTION, CLAIMS ARISING FROM OR BASED UPON ENVIRONMENTAL HAZARDS EXISTING ON THE PROPERTY, OR CLAIMS ARISING FROM OWNER'S FAILURE OR REFUSAL TO COMPLY WITH OR ABIDE BY ANY RULE, ORDER, DETERMINATION, ORDINANCE OR LAW OF ANY FEDERAL, STATE, OR MUNICIPAL AUTHORITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OWNER AGREES TO PAY ALL OF BROKER'S EXPENSES INCURRED IN THE DEFENSE OR SETTLEMENT OF ANY SUCH TERM IS DEFINED DAMAGES, CLAIMS, CAUSES OF ACTION, FINES, PENALTIES, LIABILITIES, JUDGMENTS, OR EXPENSES, OR INCURRED BY BROKER IN ISO FORM CG 0001 1001THE ENFORCEMENT OF THIS PROVISION, INCLUDING REASONABLE ATTORNEY'S FEES. XXXXXX AGREES TO PROMPTLY NOTIFY OWNER IN WRITING OF ANY SUCH ACTUAL OR PENDING CLAIM OR ACTION.