Common use of Indemnification by Owner Clause in Contracts

Indemnification by Owner. Owner shall hold harmless, indemnify and defend Manager and its Affiliates and their respective agents, employees, officers, directors and shareholders (collectively, “Manager Indemnities”), from and against any action, cause of action, suit, debt, cost, expense (including, without limitation, reasonable attorneys’ fees for pre-trial, trial and appellate proceedings), claim or demand whatsoever brought or asserted by any third person whomsoever, at law or in equity, incurred by Manager Indemnities arising out of, as a result of, or in connection with the operation of the Hotel including, without limitation: (a) the performance by Manager or its Affiliates of its services hereunder, including, without limitation, any and all obligations incurred relating to any agreements with third parties entered into by Manager or Owner in connection with the management or operation of the Hotel in accordance with this Agreement; (b) any act or omission (whether or not willful, tortuous, or negligent) of Owner or any third party; or (c) any other occurrence related to the Hotel or Manager’s duties under this Agreement (except for liabilities for which Manager indemnifies Owner). Owner may apply the proceeds of any available insurance to the payment of any claim under the indemnity set for the in this Section 18.1. The provisions of this Section 18.1 shall survive the expiration or termination of this Agreement ands hall be binding upon Owner’s successors and assigns.

Indemnification by Owner. Owner shall hold harmless, indemnify and defend Manager and its Affiliates and their respective agents, employees, officers, directors and shareholders (collectively, “Manager Indemnities”), from and against any action, cause of action, suit, debt, cost, expense (including, without limitation, reasonable attorneys’ fees for pre-trial, trial and appellate proceedings), claim or demand whatsoever brought or asserted by any third person whomsoever, at law or in equity, incurred by Manager Indemnities arising out of, as a result of, or in connection with the operation of the Hotel including, without limitation: (a) the performance by Manager or its Affiliates of its services hereunder, including, without limitation, any and all obligations incurred relating to any agreements with third parties entered into by Manager or Owner in connection with the management or operation of the Hotel in accordance with this Agreement; (b) any act or omission (whether or not willful, tortuous, or negligent) of Owner or any third party; or (c) any other occurrence related to the Hotel or Manager’s duties under this Agreement (except for liabilities for which Manager indemnifies Owner). Owner may apply the proceeds of any available insurance to the payment of any claim under the indemnity set for the in this Section 18.1. The provisions of this Section 18.1 shall survive the expiration or termination of this Agreement ands hall and shall be binding upon Owner’s successors and assigns.

Indemnification by Owner. Except for liabilities incurred by Manager due to Manager’s gross negligence, willful misconduct or fraud, Owner shall hold harmlesshereby indemnifies, indemnify defends and defend holds harmless Manager and its Affiliates and each of their respective agentsofficers, directors, shareholders, employees, officers, directors representatives and shareholders agents (collectively, the “Manager IndemnitiesIndemnitees”), from and against any actionand all losses, cause costs, damages, liabilities, claims, demands, actions and causes of action, suit, debt, cost, expense action and expenses whatsoever (including, without limitation, reasonable attorneys’ fees for pre-trial, trial and appellate proceedingscourt expenses), claim or demand whatsoever brought or asserted by any third person whomsoever, at law or in equity, incurred by the Manager Indemnities Indemnitees arising out of, as a result of, or in connection with the ownership and operation of the Hotel including, without limitation: , (ai) the performance by Manager or its Affiliates of its services hereunder, including, without limitation, any and all obligations incurred relating to any agreements with third parties entered into by Manager or Owner in connection with the management or operation of the Hotel in accordance with this AgreementHotel; (bii) any act occurrence or omission (whether event happening in or not willfulabout the Hotel or occurring in connection therewith, tortuousincluding, without limitation, any damage or negligent) of Owner or any third party; or (c) any other occurrence related destruction to the Hotel or whether caused by Manager’s duties under this Agreement act or omission, or otherwise; (except for liabilities for which iii) the breach or alleged breach of, or alleged non-compliance with, any Laws including, without limitation, any Environmental Laws, by Manager, Owner or the Hotel; and (iv) any uninsured or under-insured claim by the Hotel, Manager indemnifies or Owner). Owner may apply the proceeds of any available insurance to the payment of any claim under the indemnity set for the forth in this Section 18.117.1. The provisions of this Section 18.1 17.1 shall survive the expiration or termination of this Agreement ands hall and shall be binding upon Owner’s successors and assigns.

Indemnification by Owner. Owner shall hold harmless, indemnify and defend Manager and its Affiliates and their respective agents, employees, officers, directors and shareholders (collectively, “"Manager Indemnities”"), from and against any action, cause of action, suit, debt, cost, expense (including, without limitation, reasonable attorneys’ ' fees for pre-trial, trial and appellate proceedings), claim or demand whatsoever brought or asserted by any third person whomsoever, at law or in equity, incurred by Manager Indemnities arising out of, as a result of, or in connection with the operation of the Hotel including, without limitation: (a) the performance by Manager or its Affiliates of its services hereunder, including, without limitation, any and all obligations incurred relating to any agreements with third parties entered into by Manager or Owner in connection with the management or operation of the Hotel in accordance with this Agreement; (b) any act or omission (whether or not willful, tortuous, or negligent) of Owner or any third party; or (c) any other occurrence related to the Hotel or Manager’s 's duties under this Agreement (except for liabilities for which Manager indemnifies Owner). Owner may apply the proceeds of any available insurance to the payment of any claim under the indemnity set for the in this Section 18.1. The provisions of this Section 18.1 shall survive the expiration or termination of this Agreement ands hall be binding upon Owner’s 's successors and assigns.

Indemnification by Owner. Owner shall hold harmless, indemnify and defend Manager and its Affiliates and their respective agents, employees, officers, directors and shareholders (collectively, “Manager Indemnities”), from and against any action, cause of action, suit, debt, cost, expense (including, without limitation, reasonable attorneys’ fees for pre-trial, trial and appellate proceedings), claim or demand whatsoever brought or asserted by any third person whomsoever, at law taw or in equity, incurred by Manager Indemnities arising out of, as a result of, or in connection with the operation of the Hotel including, without limitation: (a) the performance by Manager or its Affiliates of its services hereunder, including, without limitation, any and all obligations incurred relating to any agreements with third parties entered into by Manager or Owner in connection with the management or operation of the Hotel in accordance with this Agreement; (b) any act or omission (whether or not willful, tortuous, or negligent) of Owner or any third party; or (c) any other occurrence related to the Hotel or Manager’s duties under this Agreement (except for liabilities for which Manager indemnifies Owner). Owner may apply the proceeds of any available insurance to the payment of any claim under the indemnity set for the in this Section 18.1. The provisions of this Section 18.1 shall survive the expiration or termination of this Agreement ands hall and shall be binding upon Owner’s successors and assigns.