Indemnification of Landlord. Except to the extent due to Landlord's willful misconduct or gross negligence, Tenant shall indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, and Landlord's mortgagees, and save them harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased Premises, or the occupancy or use by Tenant of the Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, lessees or concessionaires. In case Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Landlord in connection with such litigation. Tenant shall also pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by Landlord in enforcing the covenants and agreements in this Lease.
Appears in 2 contracts
Samples: Lease (Embassy Bancorp, Inc.), Lease (Embassy Bancorp, Inc.)
Indemnification of Landlord. Except to the extent due to Landlord's willful misconduct or gross negligence, Tenant shall indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, and Landlord's mortgagees, indemnity Landlord and save them It harmless from and against any and all claims, actions, damages, liability and end expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon upon, or at the Leased Premises, or the occupancy or use by Tenant of the Leased Premises or of any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, lessees lessees, or concessionaires, whether occurring in or about the Leased Premises or outside the Leased Premises but within the Shopping Center. In case the event Landlord shall, without fault on its part, shall be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Landlord in connection with such litigation. Tenant shall also pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by Landlord in enforcing the covenants and agreements in this Lease.
Appears in 2 contracts
Samples: Center Lease (Etravelserve Com Inc), Center Lease (Etravelserve Com Inc)
Indemnification of Landlord. Except Subject to the extent due to Landlord's willful misconduct or gross negligenceforegoing provisions of this Article IX, the Tenant shall indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, and Landlord's mortgagees, the Landlord and save them it harmless from and against any and all losses (including loss of any Minimum Rent or Additional Rent payable by the Tenant pursuant to this Lease, to the extent that such Minimum Rent and Additional Rent are not otherwise collected under any policy of insurance maintained pursuant to this Lease), claims, actions, damages, liability liabilities and expense expenses in connection with loss of life, personal injury and/or injury, damage to property or any other loss or injury whatsoever arising from or out of this Lease or any occurrence in, upon upon, or at the Leased Premises, Premises or the occupancy or use by the Tenant of the Leased Premises Premises, or any part thereof, or occasioned wholly or in part by any act or omission of the Tenant, its employees, agents, contractors, employees, servants, lessees invitees or concessionairesby anyone permitted to be on the Leased Premises by the Tenant, or any others for whom the Tenant is responsible in law. In case If the Landlord shall, without fault on its part, shall be made a party to any litigation commenced by or against the Tenant, then the Tenant shall protect protect, indemnify and hold save the Landlord harmless and shall pay all costs, expenses and reasonable attorney's legal fees incurred or paid by the Landlord in connection with such litigation. Tenant The contents of this section shall also pay all costs, expenses and reasonable attorney's fees that may be incurred survive the termination or paid by Landlord in enforcing the covenants and agreements surrender of this Lease notwithstanding anything in this LeaseLease to the contrary.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (NPS Pharmaceuticals Inc)
Indemnification of Landlord. Except to the extent due to Landlord's willful misconduct or gross negligence, 25.1 Tenant shall will indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, Landlord and Landlord's mortgagees, management agent and save them harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon upon, or at the Leased Demised Premises, or the occupancy or use by Tenant of the Leased Demised Premises or any part thereof, thereof or occasioned wholly or in part by any breach of this Lease by Tenant or any act or omission of Tenant, its agents, contractors, employees, servants, lessees or concessionaires. In case Landlord and/or Landlord's management agent shall, without fault on its their part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord landlord and/or Landlord's management agent harmless and shall pay all costs, expenses and reasonable attorney's attorney fees incurred or paid by Landlord in connection with such litigation. Tenant shall also pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by Landlord in enforcing enforceable the covenants and agreements in this Lease.
Appears in 1 contract
Samples: Oleramma Inc
Indemnification of Landlord. Except to the extent due to Landlord's willful misconduct or gross negligence, Tenant shall will indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, and Landlord's mortgagees, and save them hold harmless from and against any and all claimsmanner of claims for damages or lost property or personal injury and costs including attorney’s fees arising from Tenant’s lease of the space (unit) or from any activity, actionswork, damagesor think done, liability permitted or suffered by Tenant in or on the unit or about the facility. In the event that the unit is damaged or destroyed by fire or other casualty, Landlord shall have the right to remove the contents of the unit and store it at the Tenant’s sole cost and expense in connection with without liability for any loss of lifeor damage whatsoever, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased Premises, or the occupancy or use by Tenant of the Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, lessees or concessionaires. In case Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then and Tenant shall protect indemnify and hold Landlord harmless form and shall pay all costsagainst any loss, expenses and reasonable attorney's fees incurred cost, or paid by expense of Landlord in connection with such litigationremoval and storage. Should any of Landlord’s employees perform any services for Tenant at Tenant’s request, such employee shall also pay all costsbe deemed to be the agent of the Tenant regardless of whether payment for such services is made or not, expenses and reasonable attorney's fees the Tenant agrees to indemnify and hold Landlord harmless from any liability in connection with or arising from directly or indirectly such services performed. Notwithstanding that may Landlord shall not be incurred liable for such occurrences; Tenant agrees to notify Landlord immediately upon the occurrence of any injury, damage, or paid loss suffered by Landlord Tenant or other person in enforcing the covenants and agreements in this Leaseany of such circumstances.
Appears in 1 contract
Samples: Lease Agreement
Indemnification of Landlord. Except to the extent due to Landlord's willful misconduct or gross negligence, Tenant shall not do anything or permit or suffer anything to be done in or about the demised premises which will expose or subject Landlord to any liability or responsibility for injury to any person or property by reason of any activity being conducted in the demised premises and Tenant will indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, Landlord and Landlord's mortgagees, Agent and save them harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or or damage to property arising from or out of of, any occurrence in, upon or at the Leased Premises, leased premises or the occupancy or use by Tenant of the Leased Premises leased premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, lessees or concessionairesinvitees. In case Landlord shall, without fault on its part, or Agent shall be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord and Agent harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Landlord or Agent in connection with such litigation. Tenant shall also pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by Landlord or Agent in enforcing the covenants and agreements in this Lease.
Appears in 1 contract
Indemnification of Landlord. Except to as provided in Section 9.07(a) but notwithstanding any other provision of this Lease, the extent due to Landlord's willful misconduct or gross negligence, Tenant shall indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, and Landlord's mortgagees, the Landlord and save them it harmless from and against any loss (including loss of Minimum Rent and all Additional Rent), claims, actions, damages, liability and expense expenses in connection with loss of life, personal injury and/or injury, damage to property or any other loss or injury whatsoever arising from or out of this Lease, or any occurrence in, upon or at the Leased Premises, or the occupancy or use by the Tenant of the Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of the Tenant or by anyone permitted to be on the Premises by the Tenant, its agents, contractors, employees, servants, lessees or concessionaires. In case If the Landlord shall, without fault on its part, be made a party to of any litigation commenced by or against the Tenant, then the Tenant shall protect protect, indemnify and hold the Landlord harmless and shall pay all costs, expenses and reasonable attorney's legal fees incurred or paid by the Landlord in connection with such litigation. The Tenant shall also pay all costs, expenses and reasonable attorney's legal fees that may be incurred or paid by the Landlord in reasonably enforcing the terms, covenants and agreements conditions in this LeaseLease unless a court of law having jurisdiction shall decide otherwise.
Appears in 1 contract
Samples: Office Lease (Ace Hardware Corp)
Indemnification of Landlord. Except to Notwithstanding any other provision of this Lease, the extent due to Landlord's willful misconduct or gross negligence, Tenant shall indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, and Landlord's mortgagees, the Landlord and save them it harmless from and against any and all loss (including loss of Net Rent and Additional Rent payable in respect of the Premises), claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or injury, damage to property or any other loss or injury whatsoever arising from or out of this Lease, or any occurrence in, upon or at the Leased Premises, or the occupancy or use by the Tenant of the Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of the Tenant or by anyone permitted to be on the Premises by the Tenant, its agents, contractors, employees, servants, lessees or concessionaires. In case If the Landlord shall, without fault on its part, be made a party to any litigation commenced by or against the Tenant, then the Tenant shall protect protect, indemnify and hold the Landlord harmless and shall pay all costs, expenses and reasonable attorney's legal fees incurred or paid by the Landlord in connection with such litigation. The Tenant shall also pay all costs, expenses and reasonable attorney's legal fees (on a solicitor and his client basis) ================================================================================ that may be incurred or paid by the Landlord in enforcing the covenants and agreements in terms of this Lease, unless a court shall decide otherwise.
Appears in 1 contract
Samples: Lease Extension Agreement (Avesta Technologies Inc)
Indemnification of Landlord. Except for claims arising out of acts caused by the negligence of the Landlord or its representatives, Tenant will indemnify Landlord to the extent due to Landlord's willful misconduct or gross negligence, Tenant shall indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, and Landlord's mortgagees, that the loss is not covered by insurance and save them Landlord harmless from and against any and all claims, actions, damages, liability and expense in connection conjunction with the loss of life, personal injury and/or damage to property arising from or out of any an occurrence in, upon or at the Leased Premises, Premises or the occupancy or use by Tenant of the Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its his agents, contractors, employees, or servants, lessees or concessionaires. In case Landlord shall, without fault on its part, be shall have been made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord Landlord, harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Landlord in connection with such litigation. This indemnification shall exclude claims made by Tenant against Landlord. Tenant shall also pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by the Landlord in enforcing the covenants and agreements in of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Optium Corp)
Indemnification of Landlord. Except to the extent due to Landlord's willful misconduct or gross negligence, Tenant shall indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, and Landlord's mortgagees, and save them harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased Premises, or the occupancy or use by Tenant of the Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, lessees or concessionaires. In case Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Landlord in connection with such litigation. Tenant shall also pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by Landlord in enforcing the covenants and agreements in this Lease..
Appears in 1 contract
Samples: Lease (Embassy Bancorp, Inc.)
Indemnification of Landlord. Except to the extent due to Landlord's willful misconduct or gross negligence, Tenant shall indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, Landlord and Landlord's mortgagees, and also save them it harmless from all losses, liabilities, damages, claims, demands and actions of any kind or nature which Landlord shall or may become liable for or suffer by reason of any breach, violation or non-performance by Tenant of any covenant, term or provision of this Lease and against any and all claimslosses, actionsliabilities, damages, liability claims, demands, actions and expense expenses in connection with loss of life, personal injury and/or damage or Damage to property arising from or out of any occurrence in, upon on the Premises or at the Leased Premises, or arising from the occupancy or use by Tenant of the Leased Premises Premises, the Lands or any part thereofBuilding by Tenant, its agents, contractors, employees, servants, licensees, concessionaires or invitees or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, lessees licensees or concessionairesconcessionaires whether on the Premises, Lands or in the Building (“Claims”). In case Landlord shallLandlord, without actual fault on its part, be is made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses costs and reasonable attorney's legal fees incurred or paid by Landlord in connection with respect of such litigation. Notwithstanding the foregoing, Tenant shall not have an obligation to indemnify Landlord and also pay save it harmless from all costsClaims, expenses and reasonable attorney's fees that may be incurred to the extent such Claim is caused by Landlord’s own willful misconduct or paid by Landlord in enforcing the covenants and agreements in this Leasegrossly negligent acts or omissions.
Appears in 1 contract
Indemnification of Landlord. Except to the extent due to Landlord's willful misconduct or gross negligence, The Tenant shall indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, and Landlord's mortgagees, the Landlord and save them it harmless from and against any and all loss (including loss of all Rent payable under this Lease), claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or injury, damage to property or any other loss or injury whatsoever arising from or out of this Lease or any occurrence in, upon upon, or at the Leased Premises, Premises or the occupancy or use by the Tenant of the Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of the Tenant or by anyone permitted to be on the Premises by the Tenant, its agents, contractors, employees, servants, lessees or concessionaires. In case If the Landlord shall, without fault on its part, shall be made a party to any litigation commenced by or against the Tenant, then the Tenant shall protect defend, protect, indemnify and hold the Landlord harmless and shall pay all costs, expenses and reasonable attorney's legal fees incurred or paid by the Landlord in connection with such litigation. The Tenant shall also pay all costs, expenses and reasonable attorney's legal fees (on a solicitor client basis) that may be incurred or paid by the Landlord in enforcing the terms, covenants and agreements conditions of this Lease. This indemnity shall survive the termination or surrender of this Lease notwithstanding anything in this LeaseLease to the contrary.
Appears in 1 contract
Samples: webfiles.thecse.com
Indemnification of Landlord. Except to Notwithstanding any other term, obligation and condition contained in this Lease, including, without limitation, the extent due to Landlord's willful misconduct or gross negligenceobligation to repair and the Tenant's obligation to pay the costs of insurance, but subject to Section 10.7 hereof, the Tenant shall indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, and Landlord's mortgagees, and save them it harmless from and against any and all claimsloss, actionsclaim, damagesaction, damage, liability and expense in connection with loss of life, personal injury and/or injury, damage to property or any other loss or injury whatsoever arising from or out of this Lease, or any occurrence in, upon or at the Leased Premises, or the occupancy or use by the Tenant of the Leased Premises Promises or any part thereof, thereof or occasioned wholly or in part by any act or omission of the Tenant or by anyone permitted to be on the Leased Premises by the Tenant, its agents, contractors, employees, servants, lessees or concessionaires. In case If the Landlord shall, without fault on its part, part should be made a party to any litigation commenced by or against the Tenant, then the Tenant shall protect protect, indemnify and hold the Landlord harmless and shall pay all costs, costs and expenses and reasonable attorney's legal fees incurred or paid by the Landlord in connection with such litigation. The Tenant shall also pay all costs, expenses and reasonable attorney's legal fees that may be incurred or paid by the Landlord in enforcing the covenants terms, obligations and agreements in conditions of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Phoenix International Life Sciences Inc)
Indemnification of Landlord. Except to Notwithstanding any other terms, covenants and conditions contained in this Lease, the extent due to Landlord's willful misconduct or gross negligence, Tenant shall indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, and Landlord's mortgagees, the Landlord and save them it harmless from and against any and all loss including loss of Rent payable by the Tenant pursuant to this Lease, claims, actionsaction, damages, liability and expense expenses in connection with loss of life, personal injury and/or injury, damage to property or any other loss or injury whatsoever arising from or out of this Lease, or any occurrence in, upon or at the Leased Premises, or the occupancy or use by the Tenant of the Leased Premises or any part thereof, or occasioned wholly or in part by any negligent act or omission of Tenant, its agents, contractors, employees, servants, lessees the Tenant or concessionairesof those for whom the Tenant is in law responsible. In case If the Landlord shall, without fault on its it's part, be made a party to any litigation commenced by or against the Tenant, then the Tenant shall protect protect, indemnify and hold the Landlord harmless and shall pay all costs, expenses and reasonable attorney's legal fees incurred or paid by the Landlord in connection with such litigation. The Tenant shall also pay all costs, expenses and reasonable attorney's legal fees that may be incurred or paid by the Landlord in enforcing the terms, covenants and agreements conditions in this Lease, unless a court shall decide otherwise.
Appears in 1 contract
Samples: Startek Inc
Indemnification of Landlord. Except to the extent due to Landlord's willful misconduct or gross negligence, Tenant shall indemnify Landlord, its managing agent, agents, contractors, employees, servants, lessees or concessionaires, and Landlord's mortgagees, Landlord and save them it harmless from and against any and all losses, claims, actions, suits, damages, liability liabilities and expense expenses arising (or allegedly arising) in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased Premises, Premises and regardless of how the same may have been caused; or the occupancy or use by Tenant of the Leased Premises or any part thereof, ; or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, customers, servants, lessees licensees or concessionaires. Landlord shall not be liable for and Tenant further agrees to indemnify and release Landlord from any claim arising out of damage or loss to Tenant's improvements, fixtures, stock in trade or other property caused by acts of third parties or by the condition of the Premises, including vandalism, malicious mischief, theft, burglary, or any other criminal act; or alleged damage occasioned by the failure of the Landlord to perform any contractual duty. In case Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney's attorneys' fees incurred or paid by Landlord in connection with such litigation. Tenant shall also pay all costs, expenses and reasonable attorney's attorneys' fees that may be incurred or paid by Landlord in enforcing the covenants and agreements in this Leaseconnection with such litigation.
Appears in 1 contract