Common use of Indemnification by Lessee Clause in Contracts

Indemnification by Lessee. Lessee will protect, indemnify and hold harmless Lessor from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Lessor by reason of (a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Premises or any part thereof or the improvements located thereon, (b) the occupancy or use of the Premises by Lessee, its agents, employees, servants, subtenants, licensees or concessionaires, (c) any use, nonuse or condition of the Premises or any part thereof or the improvements located thereon, (d) any action by a third party based on any failure on the part of Lessee to perform or comply with any of the terms of this Lease, or (e) any action of a third party based on performance of any labor or services or the furnishings of any materials or other property in respect of the Premises or any part thereof or the improvements located thereon; unless such action, suit or proceeding arises out of the sole negligence of Lessor or the act or omission of Lessor prior to Lessee's taking possession of the Premises pursuant to this Lease. In case any action, suit or proceeding is brought against Lessor by reason of any such occurrence, Lessee, upon Lessor's request, will at Lessee's expenses resist and defend such action, suit or proceedings, or cause the same to be resisted and defended by counsel designated by Lessee and approved by Lessor, which approval will not be unreasonably withheld.

Indemnification by Lessee. Lessee will protect, indemnify indemnify, save harmless and hold harmless defend Lessor from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) expenses ), to the extent permitted by law, imposed upon or incurred by or asserted against Lessor by reason of (a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Premises a Leased Property or any part thereof or the improvements located thereon, adjoining sidewalks; (b) the occupancy or use of the Premises by Lessee, its agents, employees, servants, subtenants, licensees or concessionaires, (c) any use, nonuse misuse, nonuse, condition, maintenance or condition repair of the Premises or any part thereof or the improvements located thereon, a Leased Property; (dc) any action by a third party based on any failure on the part of Lessee to perform or comply with any of the terms of this Lease, ; (d) the alleged or actual existence of hazardous or toxic materials on or about the Leased Properties; (e) the nonperformance of any action of the terms and provisions of any and all existing and future subleases of a third party based on performance Leased Property to be performed by the sublessor thereunder; and (f) obligations of Lessor under any labor or services and all documents evidencing any loan from a Lessor's Mortgagee incurred by reason of Lessee's defaults under this Lease, including without limitation any prepayment penalties. Any amounts which become payable by Lessee under this Section shall be paid no later than ten (10) days after demand by Lessor and, if such payment is to be made to Lessor and is not timely paid, shall bear a late charge (to the extent permitted by law) at the lesser of the Overdue Rate or the furnishings maximum rate permitted by law from the date of such determination to the date of payment. Lessee, at its expense, shall contest, resist and defend any materials such claim, action or other property in respect proceeding asserted or instituted against Lessor or may compromise or otherwise dispose of the Premises same as Lessee sees fit, provided any such contest shall be conducted by counsel who shall be satisfactory to the Lessor. Nothing herein shall be construed as indemnifying Lessor against its own grossly negligent acts or willful misconduct. Lessee's liability under this Section shall survive any part thereof or the improvements located thereon; unless such actiontermination of this Lease as to any circumstance, suit or proceeding arises out of the sole negligence of Lessor or the condition, act or omission occurring to and including the date of Lessor prior to Lessee's taking possession termination of this Lease or existing as of the Premises pursuant date of Termination, whether known or unknown to this Lease. In case any action, suit Lessor or proceeding is brought against Lessor by reason of any such occurrence, Lessee, upon Lessor's request, will at Lessee's expenses resist and defend such action, suit or proceedings, or cause the same to be resisted and defended by counsel designated by Lessee and approved by Lessor, which approval will not be unreasonably withheld.

Indemnification by Lessee. Lessee will protect, indemnify indemnify, and hold save harmless Lessor from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or upon, incurred by by, or asserted against Lessor by reason of (a) any accident, occurrence, injury to to, or death of persons (including workmen) or loss of or damage to property occurring during the Term on or about the Premises or any part thereof or the improvements located thereonadjoining sidewalks, curbs, vaults and vault space, if any, streets or ways, (b) the occupancy or use of the Premises by Lessee, its agents, employees, servants, subtenants, licensees or concessionaires, (c) any use, nonuse non-use, or condition of the Premises or any part thereof or the improvements located thereonadjoining sidewalks, curbs, vaults or vault space, if any, streets or ways during the Term, (dc) any action by a third party based on any failure on the part of Lessee to perform or comply with any of the terms of this Lease, or (e) any action of a third party based on performance of any labor or services or the furnishings furnishing of any materials or other property in respect of the Premises or any part thereof during the Term, or (d) any act or action brought or asserted by any party, including any governmental agency, for anything alleged to have occurred or originated on the improvements located thereon; unless such actionPremises during the Term, suit including but not limited to any claim for wrongful discharge of stormwater or proceeding arises out any substance that may be alleged to result in harm to the environment during the term, except to the extent any of the sole negligence of Lessor or the foregoing is caused by any act or omission of Lessor prior to Lessee's taking possession of the Premises pursuant to this Leaseor its partners, principals, or beneficiaries or their respective agents, officers, directors, shareholders, employees, servants, contractors, subcontractors, successors, or assigns. In case any action, suit suit, or proceeding is brought against Lessor by reason of any such occurrenceoccurrence for which Lessee has indemnified Lessor, Lessee, upon Lessor's request, will shall, at Lessee's expenses expense, resist and defend such action, suit or proceedingssuit, or cause proceeding. The obligations of Lessee under this Paragraph arising by reason of any such occurrence taking place during the same Term of this Lease shall survive any termination of this Lease. Lessor shall promptly notify Lessee of any facts of which Lessor becomes aware which could give rise to be resisted a claim covered by the indemnification contained in this Paragraph 13.1. Lessee shall have the right to appoint counsel to defend any claim covered by the indemnification contained in this Paragraph 13.1 and defended by counsel designated by Lessor shall cooperate with Lessee and approved by Lessorin defending any such claim. Lessor shall not settle any such claim without the prior written consent of Lessee, which approval will consent shall not be unreasonably withheld, conditioned or delayed, and Lessor shall not unreasonably withhold, condition or delay its consent or approval of any settlement of such claim proposed by Lessee.

Indemnification by Lessee. Lessee will protectThis Lease is made on the express condition that Lessor shall not be liable, indemnify and hold harmless Lessor from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Lessor suffer loss by reason of (a) any accident, injury to person or death of persons property, from whatever cause, all or loss of or damage to property occurring on or about in any way connected with the Premises or any part thereof or the improvements located thereon, (b) the occupancy condition or use of the Leased Premises by or the improvements or personal property therein or thereon, including without limitation any liability for injury to the person or property of Lessee, its agents, employeesofficers, servantsemployees or invitees. Except as provided in paragraph 14 hereof with respect to waiver of subrogation, subtenantsLessee agrees to indemnify Lessor and Lessor's agents, licensees and hold Lessor and Lessor's agents harmless from any and all liability, loss, cost, claim, or concessionairesobligation on account of, (c) or arising out of, any usesuch injury or loss however occurring, nonuse or condition including without limitation Lessee's use of the Premises or any part thereof Leased Premises, the Building, or the improvements located thereonBusiness Park, (d) or form the conduct of Lessee's business, or from any action activity, work, or thing done, permitted or suffered by a third party based Lessee in or about the Leased Premises, the Building, the Business Park, or elsewhere. Lessee shall further indemnify and hold Lessor and Lessor's agents harmless from and against any and all claims arising from any breach or default in the performance of any obligation on any failure on the Lessee's part of Lessee to perform or comply with any of the terms of be performed under this Lease, or (e) arising from any negligence of Lessee or Lessee's agents, contractors, or employees, and from and against all costs, attorneys' fees, expenses, and liabilities incurred in the defense of any such claim or any action of a third party based on performance of any labor or services or the furnishings of any materials or other property in respect of the Premises or any part thereof or the improvements located thereon; unless such action, suit or proceeding arises out of the sole negligence of Lessor or the act or omission of Lessor prior to Lessee's taking possession of the Premises pursuant to this Leasebrought thereon. In case the event that any action, suit suit, or proceeding is brought against Lessor Lessor, or any of Lessor's agents by reason of any such occurrence, Lessee, then upon Lessor's request, will Lessee shall, at Lessee's expenses expense, resist and defend such action, suit or proceedingsproceeding, or cause the same to be resisted and defended by counsel designated by the insurer whose policy covers the occurrence or by counsel designated by Lessee and approved by Lessor. The obligations of Lessee under this section arising by reason of any occurrence taking place during the Lease Term or any other time of possession or use of the Leased Premises by Lessee, which approval will not be unreasonably withheld.shall survive any termination of this Lease. Form #1278 Initials: RWC --------

Indemnification by Lessee. Lessee will protect, shall indemnify and hold Lessor harmless Lessor from and against all liabilities, obligations, claims, damages, fines, penalties, interest, causes of action, costs and expenses (includingexpenses, without limitation, including reasonable attorneys' ’ fees and expenses) (but excluding any income or excess profits or franchise taxes of Lessor determined on the basis of general income or revenue or any interest or penalties in respect thereof), imposed upon or incurred by or asserted against Lessor or the Demised Premises by reason of (a) the occurrence or existence of any of the following, whether or not resulting from any negligent act or omission of Lessor: Lessee’s use and operation of the Demised Premises or any interest therein, or Lessee’s receipt of any rent or other sum therefrom; any accident, injury to or death of persons (including workers) or loss of or damage to property occurring occurring, or claimed to have occurred, on or about the Demised Premises or any part thereof thereof, or any Improvements now or hereafter erected thereon, or the improvements located thereonadjoining sidewalks, (b) the occupancy curbs, vaults or vault spaces, if any, streets or ways, or appurtenances thereto; any use of the Premises by Lessee, its agents, employees, servants, subtenants, licensees or concessionaires, (c) any use, nonuse or condition of the Demised Premises or any part thereof thereof, or any Improvements now or hereafter erect thereon, or the improvements located thereonadjoining sidewalks, (d) any action by a third party based on curbs, vaults and vault spaces, if any, streets or ways, or appurtenances thereto; any failure on the part of Lessee promptly and fully to perform or comply with or perform any of the terms terms, covenants or conditions of this Lease, ; or (e) any action of a third party based on performance of any labor or services or the furnishings furnishing of any materials or other property in respect of the Demised Premises or any part thereof or the improvements located thereon; unless such action, suit or proceeding arises out of the sole negligence of Lessor or the act or omission of Lessor prior to Lessee's taking possession of the Premises pursuant to this Leasethereof. In the case any actionsuit, suit action or proceeding is brought against Lessor or filed against the Demised Premises or any part thereof by reason of any such occurrence, Lessee, upon Lessor's request, will ’s request and at Lessee's expenses ’s expense, shall resist and defend such actionsuit, suit action or proceedingsproceeding, or cause the same to be resisted and defended by counsel designated by Lessee and approved by subject to Lessor, ’s approval which approval will shall not be unreasonably withheld. Tenant shall indemnify and hold harmless Landlord and its successors and assigns from all costs, damages, expenses, liability and harm resulting from any spill, release or presence of toxic or hazardous materials (hereinafter an “Environmental Conditions”) and the violation of any federal, state or local laws addressing environmental matters (hereinafter “Environmental Law”) occurring or existing with respect to any portion of the demised premises, prior to the date on which the Tenant first commenced occupancy of such Premises. The obligations of Lessee under this Article 14 shall survive the expiration or termination of the Lease Term.

Indemnification by Lessee. (a) Lessee will protectcovenants and agrees to indemnify, indemnify save harmless and hold harmless Lessor defend Lessor, all officers, agents, and employees of Lessor, the parent companies and subsidiary companies of Lessor, their officers, agents and employees, and the manufacturers and distributors of the Leased Equipment, including but not limited to McNeilus Truck and Manufacturing, Inc., a Minnesota corporation (all hereinafter collectively called "Indemnitees") from and against all liabilitiesany and all, obligations, claimslosses, damages, fees, penalties, causes expenses, and injuries and from and against any and all claims, suits, actions, or legal proceedings of actionany kind brought against Indemnitees, costs or any of them for or on account of any person or persons, corporation or corporations, or on account of any injuries received or sustained by any person or persons in any manner, directly or indirectly caused by, incident to or growing out of the actual or alleged use, operation, or maintenance of the Leased Equipment between the time of delivery thereof to Lessee and expenses (includingthe time of surrender thereof by Lessee to Lessor for disposition, including without limitation, reasonable traffic violations. Lessee further agrees to take upon itself the settlement of all claims and the defense of any suit or suits or legal proceedings of any kind brought to enforce such claim or claims, and to pay all judgments entered in such suit or suits and all costs, attorneys' fees or other expenses. Such settlements and expenses) imposed upon or incurred by or asserted against Lessor by reason of (a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Premises or any part thereof or the improvements located thereon, (b) the occupancy or use of the Premises by Lessee, its agents, employees, servants, subtenants, licensees or concessionaires, (c) any use, nonuse or condition of the Premises or any part thereof or the improvements located thereon, (d) any action defense efforts shall be conducted by a third party based on reputable attorney employed by Lessee and reasonably acceptable to Lessor. In any failure on instance where said claims in any way affect an Indemnitees' interests under this Agreement, Lessee shall not consummate any settlement without the part of affected Indemnitees' prior written consent. Notwithstanding the foregoing, Lessor shall be entitled at any time, at its own cost and expense (but at Lessee's cost and expense if Lessee to perform or comply with any of the terms of this Leaseis not adequately representing or, or (e) any action because of a third party based on performance conflict of interest, may not adequately represent, any labor or services or interest of Lessor), to participate in the furnishings of any materials or other property in respect of the Premises or any part thereof or the improvements located thereon; unless such action, suit or proceeding arises out of the sole negligence of Lessor or the act or omission of Lessor prior to Lessee's taking possession of the Premises pursuant to this Lease. In case any action, suit or proceeding is brought against Lessor by reason defense and/or settlement of any such occurrenceclaims, Lessee, upon Lessor's request, will at Lessee's expenses resist suits or legal proceedings and defend such action, suit or proceedings, or cause the same to be resisted and defended represented by counsel designated by attorneys of its own choosing. If Lessor elects to participate in such defense, Lessee and approved by Lessor, which approval will not be unreasonably withheldshall cooperate with Lessor in the conduct thereof.

Indemnification by Lessee. Lessee will protect, shall indemnify and hold Lessor harmless Lessor from and against all liabilities, obligations, claims, damages, fines, penalties, interest, causes of action, costs and expenses (includingexpenses, without limitation, reasonable including attorneys' fees and expenses) (but excluding any income or excess profits or franchise taxes of Lessor determined on the basis of general income or revenue or any interest or penalties in respect thereof), imposed upon or incurred by or asserted against Lessor or the Demised Premises by reason of (a) the occurrence or existence of any of the following, whether or not resulting from any negligent act or omission of the Lessor: Ownership of the Demised Premises or any interest therein, or receipt of any rent or other sum therefrom; any accident, injury to or death of persons (including workers) or loss of or damage to property occurring occurring, or claimed to have occurred, on or about the Demised Premises or any part thereof thereof, or any Improvements now or hereafter erected thereon, or the improvements located thereonadjoining sidewalks, (b) the occupancy curbs, vaults or vault space, if any, streets or ways, or appurtenances thereto; any use of the Premises by Lessee, its agents, employees, servants, subtenants, licensees or concessionaires, (c) any use, nonuse or condition of the Demised Premises or any part thereof thereof, or any Improvements now or hereafter erected thereon, or the improvements located thereonadjoining sidewalks, (d) any action by a third party based on curbs, vaults or vault space, if any, streets or ways, or appurtenances thereto; any failure on the part of Lessee promptly and fully to perform or comply with or perform any of the terms terms, covenants or conditions of this Lease, ; or (e) any action of a third party based on performance of any labor or services or the furnishings furnishing of any materials or other property in respect of the Demised Premises or any part thereof or the improvements located thereon; unless such action, suit or proceeding arises out of the sole negligence of Lessor or the act or omission of Lessor prior to Lessee's taking possession of the Premises pursuant to this Leasethereof. In the case any actionsuit, suit action or proceeding is brought against Lessor or filed against the Demised Premises or any part thereof by reason of any such occurrence, Lessee, upon Lessor's request, will request and at Lessee's expenses expense, shall resist and defend such actionsuit, suit action or proceedingsproceeding, or cause the same to be resisted and defended by counsel designated by Lessee and approved by Lessor, which approval will not be unreasonably withheld. The obligations of Lessee under this Article 14 shall survive the expiration or termination of the Lease Term.