Common use of Indemnification by Operator Clause in Contracts

Indemnification by Operator. Operator shall and hereby does indemnify, defend and hold Owner, its employees, agents, officers, directors, partners, members and shareholders (“Owner Parties”) harmless from and against any and all third-party claims, actions, damages, liability, losses, fines, suits, obligations, fees, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), to the extent arising from or out of Operator’s use and occupancy of the Premises or a breach of this Agreement by any Operator Party, except to the extent caused by the negligence or misconduct of any of the Owner Parties.

Indemnification by Operator. Operator shall and hereby does indemnify, defend and hold Owner, its employees, agents, officers, directors, partners, members and shareholders (“Owner Parties”) harmless from and against any and all third-party claims, actions, damages, liability, losses, fines, suits, obligations, fees, costs, and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), to the extent arising from or out of Operator’s use and occupancy of the Premises or a breach of this Agreement by any Operator PartyPremises, except to the extent caused by the negligence or misconduct of any of the Owner Parties acting in their capacity as Owner Parties.