Common use of Indemnification by Landlord Clause in Contracts

Indemnification by Landlord. In addition to the indemnities and protections granted by Landlord to Tenant pursuant to the Hazardous Substances Indemnity Agreement, Landlord hereby agrees to and shall defend, protect, indemnify and save harmless Tenant and all of Tenant's partners, officers, directors, shareholders, affiliates, agents, employees, representatives, contractors and invitees from and against all liabilities, obligations, claims, demands, damages, penalties, fines, losses, suits, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Tenant or any other such indemnified persons or parties by reason of (a) ownership of the Premises or any interest therein, or receipt of any rent or other sum therefrom, (b) any accident, occurrence, injury to or death of persons (including workmen) or loss of or damage to property occurring on or about the Premises (or any part thereof) or any buildings, improvements, fixtures, equipment or personalty thereon or the adjoining sidewalks, curbs, vaults and vault space, if any, or the adjoining streets or ways, (c) any use, non-use or condition of the Premises (or any part thereof) or the adjoining sidewalks, curbs, vaults or vault space, if any, or the adjoining streets or ways, (d) any failure on the part of Landlord to perform or comply with any of the terms of this Lease, (e) performance of any labor or services or the furnishing of any materials or other property in respect of the Premises or any part thereof, or (f) any matters related to any and all Impositions, and from any and all liens and penalties imposed as a result of a delinquency in payment thereof. In case any action, suit or proceeding is brought against Tenant or any other such indemnified persons or parties by reason of any such occurrence, Landlord, upon Tenant's request, will at Landlord's sole expense resist and defend such action, suit or proceeding, or cause the same to be resisted and defended by counsel designated by Tenant and approved by Tenant in advance in writing. The obligations of Landlord under this Paragraph 6 arising by reason of any such occurrence taking place during the Term of this Lease shall survive any expiration or earlier termination of this Lease.

Indemnification by Landlord. In addition to the indemnities and protections granted by Landlord to Tenant pursuant to the Hazardous Substances Indemnity Agreement, Landlord hereby agrees to and shall defend, protecthold harmless and indemnify Tenant, indemnify and save harmless Tenant and all of Tenant's partners, its officers, directors, shareholders, affiliates, agents, employees, representativesand their respective agents, contractors and invitees from and against all liabilities, obligations, claims, demands, damages, penalties, fines, losses, suits, causes of action, costs and expenses (Claims including, without limitation, reasonable attorneys' fees and expenses) imposed upon other consultants' and experts' fees, investigation or incurred by laboratory fees, court costs and litigation expenses and any cleanup, remedial, removal or asserted against Tenant restoration work), arising out of, or any other such indemnified persons or parties by reason as a result of (a) ownership the presence, use, disposal, release or threatened release of any Hazardous Materials on, over, under, from or affecting the Premises, or the land caused or permitted by, attributed or related to or otherwise arising out of the use and occupancy of the Premises by Landlord or anyone acting by, through or under Landlord (other than Tenant or anyone acting by, through or under Tenant), including without limitation any interest thereinof Landlord's employees, agents, invitees, licensees, or receipt of any rent or other sum therefrom, assignees; (b) any accident, occurrence, injury the underground migration of Hazardous Materials to or death of persons (including workmen) or loss of or damage to property occurring on or about the Premises from other sites, which is caused by or attributed or related to Landlord or by anyone acting by, through or under Landlord (other than Tenant or any part thereof) anyone acting by, through or any buildings, improvements, fixtures, equipment under Tenant); or personalty thereon or the adjoining sidewalks, curbs, vaults and vault space, if any, or the adjoining streets or ways, (c) any violation of or failure to comply with any Laws or any orders, requirements or demands of any applicable governmental authorities which are related to any such presence, use, non-disposal, release or threatened release of any Hazardous Materials caused or permitted by, or related to or otherwise arising out of the use or condition and occupancy of the Premises by Landlord or by anyone acting by, through or under Landlord (other than Tenant or anyone acting by, through or under Tenant), whether prior to the Effective Date or during the term hereof. Additionally, provided that Tenant does not disturb any part thereof) or asbestos at the adjoining sidewalks, curbs, vaults or vault spacePremises, if any, or any asbestos which is present at the adjoining streets or ways, (d) Premises as of the date hereof must be abated at any failure on time during the part of Landlord term hereof in order to perform or comply with any Laws, Landlord shall, at its costs and expense (or, pursuant to Section 20.4(b) of the terms of this Master Lease, (e) performance of any labor or services or the furnishing of any materials or other property in respect of the Premises or any part thereofcause Master Landlord to, or (f) any matters related to any and all Impositions, and from any and all liens and penalties imposed as a result of a delinquency in payment thereof. In case any action, suit or proceeding is brought against Tenant or any other such indemnified persons or parties by reason of any such occurrence, Landlord, upon Tenant's request, will at Master Landlord's sole expense resist cost and defend such action, suit expense) encapsulate or proceeding, or cause otherwise abate the same to be resisted and defended by counsel designated by Tenant and approved by Tenant in advance in writing. The obligations of Landlord under this Paragraph 6 arising by reason of any the extent necessary to comply with such occurrence taking place during the Term of this Lease shall survive any expiration or earlier termination of this LeaseLaws.

Indemnification by Landlord. In addition X. Xxxxxxxx hereby agrees, to the indemnities fullest extent permitted by law, to indemnify Tenant and protections granted hold Tenant harmless from and against (and to pay the full amount of) all loss, liability, obligation, damage, penalty, tax, cost, claim, demand, judgment, charge or expense of every kind whatsoever which Tenant may suffer, incur, or pay out, or which may be asserted against Tenant, in whole or in part, by reason of, or in connection with: (i) any Legal Proceeding brought by Landlord against Xxxxxx (or any officer, partner, or Employee of Tenant) in which Landlord fails to Tenant secure a judgment against Xxxxxx, final beyond appeal; and (ii) any negligent or willful act or omission of Landlord or Landlord's Employees or invitees (to the extent not waived pursuant to the Hazardous Substances Indemnity Agreementprovisions of Section 25A). B. Landlord shall defend any and all Legal Proceedings commenced against Tenant by any Person (other than Landlord) concerning any matter which may or might be covered by any indemnity or obligation under Subsection 30A(ii) (i.e., regardless of any alleged fault or cause) using counsel reasonably acceptable to Tenant (provided that counsel of the insurance company shall be deemed acceptable), and Tenant shall have the right, but not the obligation, to participate in such defense with counsel of its choice. Landlord hereby agrees shall deliver to and Tenant copies of documents served in any such Legal Proceeding and, whenever requested by Xxxxxx, shall defendadvise as to the status of such Legal Proceeding. If Landlord fails to defend diligently any such Legal Proceeding, protector if Tenant elects to defend by written notice to Landlord at any time, indemnify and save harmless Tenant shall have the right (but no obligation) to defend the same at Landlord's expense. Landlord shall not settle any such Legal Proceeding without a release of Tenant without Xxxxxx's prior written consent. C. Landlord shall notify Tenant and all applicable insurers immediately of Tenant's partners, officers, directors, shareholders, affiliates, agents, employees, representatives, contractors and invitees from and against all liabilities, obligations, claims, demands, damages, penalties, fines, losses, suits, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon every Legal Proceeding or incurred claim which may or might be covered by or asserted against Tenant or any other such indemnified persons or parties by reason of (a) ownership of the Premises or any interest therein, or receipt of any rent or other sum therefrom, (b) any accident, occurrence, injury to or death of persons (including workmen) or loss of or damage to property occurring on or about the Premises (or any part thereof) or any buildings, improvements, fixtures, equipment or personalty thereon or the adjoining sidewalks, curbs, vaults and vault space, if any, or the adjoining streets or ways, (c) any use, non-use or condition of the Premises (or any part thereof) or the adjoining sidewalks, curbs, vaults or vault space, if any, or the adjoining streets or ways, (d) any failure on the part of Landlord to perform or comply with any of the terms of this Lease, (e) performance of any labor or services or the furnishing of any materials or other property in respect of the Premises or any part thereof, or (f) any matters related to any and all Impositions, and from any and all liens and penalties imposed as a result of a delinquency in payment thereof. In case any action, suit or proceeding is brought against Tenant or any other such indemnified persons or parties by reason of any such occurrence, Landlord, upon Tenant's request, will at Landlord's sole expense resist and defend such action, suit or proceeding, or cause the same to be resisted and defended by counsel designated by Tenant and approved by Tenant in advance in writing. The obligations of Landlord indemnity under this Paragraph 6 arising Section or by reason of any such occurrence taking place during the Term of this Lease shall survive any expiration or earlier termination of this Leaserequired insurance.

Indemnification by Landlord. In addition to the indemnities Landlord covenants and protections granted by Landlord to Tenant pursuant to the Hazardous Substances Indemnity Agreementagrees that it shall, Landlord hereby agrees to at its own cost and shall defendexpense, protectindemnify, indemnify defend and save harmless Tenant against and from, and Tenant shall not be liable to Landlord for, any and all losses, costs, damages, expenses and liabilities, including without limitation reasonable attorneys’ fees (“Tenant Losses”) which may be incurred or paid out by or on behalf of Tenant's partnersany person arising in any manner whatsoever from, out of or in connection with (i) the design and engineering costs, and construction costs in connection with the Improvements to be completed by Landlord, (ii) the breach of or failure to perform any of the terms or conditions of this Lease required to be performed by Landlord, (iii) any failure by Landlord to comply with any statutes, regulations, ordinances or orders of any governmental authority, (iv) any work done in or to the Premises by or on behalf of Landlord concerning the Improvements or Landlord’s obligations under this Lease, or (v) any act, omission, or negligence on the part of Landlord and/or its officers, directors, shareholders, affiliatesemployees, agents, employeescustomers and/or invitees, representativesand Landlord covenants and agrees it shall, contractors at its own cost and invitees expense, indemnify, defend and save harmless Tenant against and from, and Tenant shall not be liable to Landlord for, any and all Losses which may be incurred or paid out by or on behalf of any person arising in any manner whatsoever from and against all liabilities, obligations, claims, demandsany conduct set forth in subsections 7.03 (i) through (v) above resulting in any accident, damages, penalties, fines, losses, suits, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Tenant or any other such indemnified persons or parties by reason of (a) ownership of the Premises or any interest therein, or receipt of any rent or other sum therefrom, (b) any accident, occurrencedeath, injury to or death of persons (including workmen) or loss of or damage to property occurring on or about the Premises (or any part thereof) or any buildings, improvements, fixtures, equipment or personalty thereon or the adjoining sidewalksdamage, curbs, vaults and vault space, if any, loss or the adjoining streets theft of property in or ways, (c) any use, non-use or condition of about the Premises (or any part thereof) or the adjoining sidewalks, curbs, vaults or vault space, if any, or the adjoining streets or ways, (d) any failure on the part of Landlord whether involving property belonging to perform or comply with any of the terms of this Lease, (e) performance of any labor or services or the furnishing of any materials or other property in respect of the Premises or any part thereof, or (f) any matters related to any and all Impositions, and from any and all liens and penalties imposed as a result of a delinquency in payment thereof. In case any action, suit or proceeding is brought against Tenant or any other such indemnified persons or parties by reason of person), resulting from any such occurrence, Landlordconduct set forth in subsections 7.03 (i) through (v) above resulting in whatsoever. Landlord covenants, upon notice from Tenant's request, will at Landlord's sole expense resist and to defend such actionaction or proceeding by legal counsel reasonably satisfactory to Tenant. Landlord covenants, suit upon notice from Tenant, to defend such action or proceeding, or cause the same proceeding by legal counsel reasonably satisfactory to be resisted and defended by counsel designated by Tenant and approved by Tenant in advance in writing. The obligations of Landlord under this Paragraph 6 arising by reason of any such occurrence taking place during the Term of this Lease shall survive any expiration or earlier termination of this LeaseTenant.

Indemnification by Landlord. In addition Subject to the indemnities conditions and protections granted by Landlord to Tenant pursuant to the Hazardous Substances Indemnity Agreementprovisions of this Paragraph 13.2, and commencing upon execution of this Lease, Landlord hereby agrees to indemnify, defend and shall defend, protect, indemnify and save hold harmless Tenant and all of Tenant's partners, officers, directors, shareholdersassigns, affiliates, agentsowners, beneficiaries, trustees, employees, representatives, contractors officers, directors and invitees agents ("Indemnitees") from and against any and all liabilities, obligationsdemands, claims, demandscomplaints, damages, penalties, fines, losses, suits, actions or causes of action, suits, proceedings, investigations, arbitrations, assessments, liens, losses, damages, liabilities, costs and expenses (expenses, including, without limitationbut not limited to, interest, penalties and reasonable attorneys' fees and expenses) disbursements, asserted against, imposed upon or incurred by any Indemnitee, directly or asserted against Tenant indirectly, by reason of or resulting from any liability, obligation or claim (whether absolute, accrued, contingent or otherwise and whether a contractual, tax or any other such indemnified persons type of liability, obligation or parties by reason of claim) arising out of, relating to or resulting from (a) ownership any misrepresentation or breach of the Premises representations, warranties, covenants or any interest therein, agreements of Landlord contained in or receipt of any rent or other sum therefrom, made pursuant to this Lease (which includes the sublease); (b) any accidentfailure to timely perform or comply in all material respects with any material covenant, occurrence, injury agreement or undertaking of Landlord contained in or made pursuant to or death of persons (including workmen) or loss of or damage to property occurring on or about the Premises (or any part thereof) or any buildings, improvements, fixtures, equipment or personalty thereon or the adjoining sidewalks, curbs, vaults and vault space, if any, or the adjoining streets or ways, this Lease; (c) any use, non-use violation or condition of the Premises (alleged violation by Landlord or any part thereof) assignee or the adjoining sidewalkssublessee of Landlord of any permits, curbsrules, vaults or vault spaceorders, if anyregulations, or the adjoining streets or waysordinances, laws and other requirements of any governmental authorities; (d) any failure on the part of Landlord to perform or comply with any of the terms of this Lease, (e) performance of any labor or services or the furnishing of any materials or other property in respect of the Premises or any part thereof, or (f) any matters related to any and all Impositions, and from any and all liens and penalties imposed as a result of a delinquency in payment thereof. In case any action, suit or proceeding is brought against Tenant or any other such indemnified persons or parties by reason of any such occurrenceLandlord, Landlord's employees acting in the course of their employment, upon Tenant's request, will at Landlord's sole expense resist and defend such actionbusiness or operations, suit any assignee or proceedingsublessee of Landlord, their employees acting in the course of their employment or cause the same to be resisted and defended by counsel designated by Tenant and approved by Tenant in advance in writing. The obligations of Landlord under this Paragraph 6 arising by reason of any such occurrence taking place during the Term of this Lease shall survive any expiration their business or earlier termination of this Lease.operations;

Indemnification by Landlord. In addition to the indemnities and protections granted by Landlord to Tenant pursuant to the Hazardous Substances Indemnity Agreement, Landlord hereby agrees to indemnify, defend and shall defend, protect, indemnify and save hold harmless Tenant and all of Tenant's partnersIndemnity Group, officers, directors, shareholders, affiliates, agents, employees, representatives, contractors and invitees from and against any and all liabilities, obligations, claims, judgments, demands, damages, penalties, fines, losses, suits, causes of action, costs losses, liabilities, interest, awards, penalties, costs, fees and expenses (including without limitation, reasonable attorneys’ fees and legal costs) for: i. bodily injury or death of any individuals in the Landlord Indemnity Group arising from, relating to or in connection with this Lease; ii. bodily injury or death of any third party or for any loss of or damage to the property of third parties (which are not part of the Tenant Indemnity Group) to the extent Tenant has not actually recovered insurance proceeds in connection therewith, and to the extent they are the result of Landlord’s or the Landlord Indemnity Group’s negligent acts or omissions, willful misconduct or tortious acts or omissions (including strict liability) during the Term; iii. any fines and penalties imposed by any governmental authority on account of any violation of any applicable laws to be complied with by the Landlord or the Landlord Indemnity Group; and iv. events or conditions which occurred or existed on or before the ground-breaking for the installation of the Improvements and were not caused by Tenant’s activities, and were caused as a result of (A) any release, threatened release, or disposal of any Regulated Substances at the Leased Premises; (B) the violation of any Environmental Law at the Leased Premises; (C) any environmental claim in connection with the Leased Premises; or (D) any environmental conditions or violations at the Leased Premises, including, without limitation, reasonable attorneys' fees the presence of Regulated Substances or the discharge or release of hazardous materials, not caused by Tenant and expenses) imposed upon or incurred by or asserted against Tenant or any other such indemnified persons or parties by reason of (a) ownership of the Premises or any interest therein, or receipt of any rent or other sum therefrom, (b) any accident, occurrence, injury to or death of persons (including workmen) or loss of or damage to property occurring on or about prior to the Premises (or any part thereof) or any buildings, improvements, fixtures, equipment or personalty thereon or the adjoining sidewalks, curbs, vaults and vault space, if any, or the adjoining streets or ways, (c) any use, non-use or condition of the Premises (or any part thereof) or the adjoining sidewalks, curbs, vaults or vault space, if any, or the adjoining streets or ways, (d) any failure on the part of Landlord to perform or comply with any of the terms of this Lease, (e) performance of any labor or services or the furnishing of any materials or other property in respect of the Premises or any part thereof, or (f) any matters related to any and all Impositions, and from any and all liens and penalties imposed as a result of a delinquency in payment thereof. In case any action, suit or proceeding is brought against Tenant or any other such indemnified persons or parties by reason of any such occurrence, Landlord, upon Tenant's request, will at Landlord's sole expense resist and defend such action, suit or proceeding, or cause the same to be resisted and defended by counsel designated by Tenant and approved by Tenant in advance in writing. The obligations of Landlord under this Paragraph 6 arising by reason of any such occurrence taking place during the Term of this Lease shall survive any expiration or earlier termination of this LeaseEffective Date.

Indemnification by Landlord. In addition to To the indemnities and protections granted fullest extent allowed by Landlord to Tenant pursuant to the Hazardous Substances Indemnity Agreementlaw, Landlord hereby agrees to and shall defendat all times indemnify, protect, indemnify defend (with legal counsel reasonably acceptable to Tenant) and save harmless hold Tenant and all of Tenant's partnersshareholders, officers, directors, shareholderspartners, employees, affiliates, agentssuccessors and/or assigns (collectively, employees"Tenant's Indemnitees") harmless against and from any and all claims, representativescosts, contractors and invitees from and against all liabilities, obligations, claims, demands, damages, penalties, fines, losses, suits, causes of action, costs actions and expenses damages (including, without limitation, reasonable attorneys' fees and expensescosts and costs related to the enforcement of this indemnity provision) imposed upon arising from or incurred out of any negligence or willful misconduct by or asserted against Tenant Landlord or any other such indemnified persons of the Landlord's Indemnities or parties by reason of (a) ownership of Landlord's Agents, in, on, or about the Premises or any interest therein, or receipt breach by Landlord of any rent or other sum therefrom, (b) any accident, occurrence, injury to or death of persons (including workmen) or loss of or damage to property occurring on or about the Premises (or any part thereof) or any buildings, improvements, fixtures, equipment or personalty thereon or the adjoining sidewalks, curbs, vaults and vault space, if any, or the adjoining streets or ways, (c) any use, non-use or condition of the Premises (or any part thereof) or the adjoining sidewalks, curbs, vaults or vault space, if any, or the adjoining streets or ways, (d) any failure on the part of Landlord to perform or comply with any of the terms of its obligations under this Lease, (e) performance and from and against all costs, attorneys' fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; provided, however, that in no event shall Landlord be obligated to indemnify, defend and hold Tenant or any of Tenant's Indemnitees or Tenant's Agents harmless to the extent of any labor claims, costs, liabilities, actions or services damages arising from or out of, or occasioned in whole or in part by, the furnishing negligence or wilful misconduct of any materials Tenant, Tenant's Indemnitees or other property in respect of the Premises Tenant's Agents or any part thereof, or (f) any matters related to any and all Impositions, and from any and all liens and penalties imposed as a result of a delinquency in payment thereofmaterial default by Tenant under this Lease. In case any action, suit action or proceeding is be brought against Tenant or any other such indemnified persons or parties by reason of any such occurrenceclaim, Landlord, upon notice from Tenant's request, will at Landlord's sole expense resist and covenants to defend such action, suit action or proceeding, or proceeding by counsel reasonably satisfactory to Tenant. Landlord shall cause the same obligations under this Section 10.7 to be resisted and defended by counsel designated by Tenant and approved by Tenant in advance in writing. The obligations covered under Landlords policy of Landlord under this Paragraph 6 arising by reason of any such occurrence taking place during the Term of this Lease shall survive any expiration or earlier termination of this Leasecommercial general liability insurance.

Indemnification by Landlord. In addition Subject to the indemnities conditions and protections granted by Landlord to Tenant pursuant to the Hazardous Substances Indemnity Agreementprovisions of this Paragraph 13.2, and commencing upon execution of this Lease, Landlord hereby agrees to indemnify, defend and shall defend, protect, indemnify and save hold harmless Tenant and all of Tenant's partners, officers, directors, shareholdersassigns, affiliates, agentsowners, beneficiaries, trustees, employees, representatives, contractors officers, directors and invitees agents ("Indemnitees") from and against any and all liabilities, obligationsdemands, claims, demandscomplaints, damages, penalties, fines, losses, suits, actions or causes of action, suits, proceedings, investigations, arbitrations, assessments, liens, losses, damages, liabilities, costs and expenses (expenses, including, without limitationbut not limited to, interest, penalties and reasonable attorneys' fees and expenses) disbursements, asserted against, imposed upon or incurred by any Indemnitee, directly or asserted against Tenant indirectly, by reason of or resulting from any liability, obligation or claim (whether absolute, accrued, contingent or otherwise and whether a contractual, tax or any other such indemnified persons type of liability, obligation or parties by reason of claim) arising out of, relating to or resulting from (a) ownership any misrepresentation or breach of the Premises representations, warranties, covenants or any interest therein, agreements of Landlord contained in or receipt of any rent or other sum therefrom, made pursuant to this Lease (which includes the sublease); (b) any accidentfailure to timely perform or comply in all material respects with any material covenant, occurrence, injury agreement or undertaking of Landlord contained in or made pursuant to or death of persons (including workmen) or loss of or damage to property occurring on or about the Premises (or any part thereof) or any buildings, improvements, fixtures, equipment or personalty thereon or the adjoining sidewalks, curbs, vaults and vault space, if any, or the adjoining streets or ways, this Lease; (c) any use, non-use violation or condition of the Premises (alleged violation by Landlord or any part thereof) assignee or the adjoining sidewalkssublessees of Landlord of any permits, curbsrules, vaults or vault spaceorders, if anyregulations, or the adjoining streets or waysordinances, laws and other requirements of any governmental authorities; (d) any failure on the part of Landlord to perform or comply with any of the terms of this Lease, (e) performance of any labor or services or the furnishing of any materials or other property in respect of the Premises or any part thereof, or (f) any matters related to any and all Impositions, and from any and all liens and penalties imposed as a result of a delinquency in payment thereof. In case any action, suit or proceeding is brought against Tenant or any other such indemnified persons or parties by reason of any such occurrenceLandlord, Landlord's employees acting in the course of their employment, upon Tenant's request, will at Landlord's sole expense resist and defend such actionbusiness or operations, suit any assignee or proceedingsublessees of Landlord, their employees acting in the course of their employment or cause the same to be resisted and defended by counsel designated by Tenant and approved by Tenant in advance in writing. The obligations of Landlord under this Paragraph 6 arising by reason of any such occurrence taking place during the Term of this Lease shall survive any expiration their business or earlier termination of this Lease.operations;

Indemnification by Landlord. In addition furtherance (and not in limitation) of the terms, covenants, conditions and provisions of this Lease and subject to the indemnities and protections granted by Landlord to Tenant pursuant to the Hazardous Substances Indemnity Agreementprovisions of Section 11.3, Landlord hereby agrees to and shall defend, protect, indemnify and save harmless Tenant and all of Tenant's partners, officers, directors, shareholders, affiliates, agents, employees, representatives, contractors Affiliates and invitees hold Tenant and Tenant's Affiliates harmless from and against all liabilitiesloss, obligationsliability, claimsobligation, demandsdamage, damagespenalty, penaltiessettlement, finescost, losses, suits, causes charge and expense of action, costs and expenses any kind whatsoever (including, without limitation, but not limited to reasonable attorneys', engineer's, architects' fees and expenses) imposed upon or incurred by other expert's fees), whensoever asserted or asserted against occurring, which Tenant and/or Tenant's Affiliates may incur or any other such indemnified persons or parties pay out, by reason of of: (a) ownership of the Premises or any interest therein, or receipt of any rent or other sum therefrom, (b) any accident, occurrence, injury to or death of persons (including workmen) or loss failure of or damage to property occurring on or about the Premises (or any part thereof) or any buildings, improvements, fixtures, equipment or personalty thereon or the adjoining sidewalks, curbs, vaults and vault space, if any, or the adjoining streets or ways, (c) any use, non-use or condition of the Premises (or any part thereof) or the adjoining sidewalks, curbs, vaults or vault space, if any, or the adjoining streets or ways, (d) any failure on the part of by Landlord to perform or comply with any and all of the terms terms, covenants, conditions and provisions of this Lease, but only if and to the extent that such performance or compliance may be accomplished by or is applicable to Landlord; and/or (b) any work or thing of whatsoever kind done in, on, or about the Property by Landlord, Landlord's Affiliates, or their respective invitees (including, but not limited to, construction, alterations, repairs, or similar acts of any kind whatsoever, and whether or not authorized by this Lease), including, but not limited to claims made under the State's Labor Law; and/or (c) any negligent, unlawful or willful act or omission of Landlord, Landlord's Affiliates, or their invitees; and/or (d) any injuries to persons or property occurring in, on, or about the Property caused by Landlord, Landlord's Affiliates, or their respective invitees (provided, however, that this subsection shall not apply to injuries to persons or property caused by willful acts or omissions or negligence of or from contamination of the Leased Property by Tenant, Tenant's Affiliates or their invitees); and/or (e) performance of any labor liability for response or services or the furnishing of any materials corrective action, natural resource damage, or other property harm pursuant to CERCLA, RCRA, the New York Navigation Law or any other Law in respect any way caused, related to or arising out of the Premises use, operation or any part thereofactivities (past, present and future) by Landlord, Landlord's Affiliates or (f) any matters related their invitees activities on the Property, including but not limited to any and all Impositions, liabilities and from any and all liens and penalties imposed as a result of a delinquency in payment thereof. In case any action, suit or proceeding is brought against Tenant or any other such indemnified persons or parties by reason of any such occurrence, Landlord, upon Tenant's request, will at Landlord's sole expense resist and defend such action, suit or proceeding, or cause costs associated with the same to be resisted and defended by counsel designated by Tenant and approved by Tenant in advance in writing. The obligations of Landlord under this Paragraph 6 arising by reason of any such occurrence taking place during the Term of this Lease shall survive any expiration or earlier termination of this Lease.Corrective Action; and/or