Common use of Indemnification of Landlord Clause in Contracts

Indemnification of Landlord. As a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord, and their shareholders, directors, officers, trustees, employees, partners, affiliates and agents from any claims, liabilities, costs or expenses incurred or suffered arising from the use of occupancy of the Premises or any part of the Project by Tenant or Tenant's Agents, the acts or omissions of Tenant or Tenant's Agents, Tenant's breach of this Lease, or any damage or injury to person or property from any cause, except to the extent caused by the willful misconduct or active negligence of Landlord or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and Tenant's Agents, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including Landlord's costs and expenses and reasonable attorney's fees incurred in defending such claims.

Indemnification of Landlord. As Except to the extent due to the negligence or willful misconduct of Landlord, as a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord, and their shareholders, directors, officers, trustees, employees, partners, affiliates and agents from any claims, liabilities, costs or expenses incurred or suffered arising from the use of or occupancy of the Premises or any part of the Project by Tenant or Tenant's ’s Agents, the acts or omissions of Tenant or Tenant's ’s Agents, Tenant's ’s breach of this Lease, or any damage or injury to person or property from any cause, except including but not limited to the extent caused use or occupancy of the Premises or any part of the project by Tenant or Tenant’s Agents, the willful misconduct acts or active negligence omissions of Landlord Tenant or Tenant’s Agents, Tenant’s breach of this Lease or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and or Tenant's ’s Agents, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including Landlord's ’s costs and expenses and reasonable attorney's ’s fees incurred in defending such claims.

Indemnification of Landlord. As a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord, and their shareholders, directors, officers, trustees, employees, partners, affiliates and agents from any claims, liabilities, costs or expenses incurred or suffered arising from the use of occupancy of the Premises or any part of the Project by Tenant or Tenant's Agents, the acts or omissions of Tenant or Tenant's Agents, Tenant's breach of this Lease, or any damage or injury to person or property from any cause, except to the extent caused by the willful misconduct or active negligence of Landlord or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except Except to the extent due to the active Xxxxxxxx’s gross negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and Tenant's Agentsmisconduct, Tenant will shall indemnify, defend (with counsel reasonably acceptable to Landlord) defend, protect and hold Landlord harmless of and from any such claim and all loss, liens, liability, claims, causes of action, damage, injury, cost or liability including Landlord's expense arising out of or in connection with (i) the making of any alterations, additions or other improvements made by or on behalf of Tenant during the initial improvement of the Premises pursuant to the Work Letter or any Alterations, or (ii) injury to or death of persons or damage to property occurring or resulting directly or indirectly from: (A) the use or occupancy of, or the conduct of business in, the Premises by Tenant or its subtenants or any of their respective officers, directors, employees, agents, contractors, invitees or licensees; (B) any other occurrence or condition in or on the Premises; and (C) acts, neglect or omissions of Tenant, or its subtenants or any of their respective officers, directors, employees, agents, contractors, invitees or licensees, in or about any portion of the Building. Tenant’s indemnity obligation includes reasonable attorneys’ fees and costs, investigation costs and other reasonable costs and expenses incurred by Landlord. If Landlord reasonably disapproves the legal counsel proposed by Xxxxxx for the defense of any claim indemnified against hereunder, Landlord shall have the right to appoint its own legal counsel, the reasonable fees, costs and reasonable attorney's fees incurred expenses of which shall be included as part of Tenant’s indemnity obligation hereunder. The indemnification contained in defending such claimsthis Section 16.2 shall extend to the officers, directors, shareholders, partners, employees, agents and representatives of Landlord.

Indemnification of Landlord. As a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord except to the extent caused by Landlord’s gross negligence, willful misconduct or a breach of this Lease for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord indemnify and hold Landlord, Master Landlord and their shareholders, directors, officers, trustees, employees, partners, affiliates and agents exempt and harmless from any claimsdamage or injury to any person, liabilitiesor to the goods, costs or expenses incurred or suffered wares and merchandise and all other personal property of any person, arising from the use of occupancy of the Premises or any part of the Premises, Building, and/or Project by Tenant or and Tenant's Agents, the acts or omissions of Tenant or Tenant's Agents, Tenant's breach of this Lease, or any damage or injury to person or property from any cause, except to the extent caused by the willful misconduct or active negligence of Landlord ’s Agents or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active gross negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and Tenant's ’s Agents, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including Landlord's ’s costs and expenses and reasonable attorney's ’s fees incurred in defending such claimsclaims except to the extent due to the gross negligence or willful misconduct of Landlord.

Indemnification of Landlord. As a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord, and their shareholders, directors, officers, trustees, employees, partners, affiliates and agents from any claims, liabilities, costs or expenses incurred or suffered arising from the use of occupancy of the Premises or any part of the Project by Tenant or Tenant's Agents, the acts or omissions of Tenant or Tenant's Agents, Tenant's breach of this Lease, or any damage or injury to person or property from any cause, except to the extent caused by the willful misconduct or active negligence of Landlord or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active gross negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and Tenant's Agents, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including Landlord's costs and expenses and reasonable attorney's fees incurred in defending such claims.

Indemnification of Landlord. As Except to the extent due to the negligence or willful misconduct of Landlord, as a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord, and their shareholders, directors, officers, trustees, employees, partners, affiliates and agents from any claims, liabilities, costs or expenses incurred or suffered arising from the use of occupancy of the Premises or any part of the Project by Tenant or Tenant's Agents, the acts or omissions of Tenant or Tenant's Agents, Tenant's breach of this Lease, or any damage or injury to person or property occurring on the Premises from any cause, except cause or any damage or injury to person or property occurring on any other part of the extent Project and caused by the willful misconduct acts or active negligence omissions of Landlord Tenant or Tenant's Agents, or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active negligence or willful misconduct of Landlord,. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and or Tenant's Agents, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including Landlord's costs and expenses and reasonable attorney's fees incurred in defending such claims.

Indemnification of Landlord. As a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord, and their shareholders, directors, officers, trustees, employees, partners, affiliates affiliates- and agents from any claims, liabilities, costs or expenses incurred or suffered arising from the use of occupancy of the Premises or any part of the Project by Tenant or Tenant's ’s Agents, the acts or omissions of Tenant or Tenant's ’s Agents, Tenant's ’s breach of this Lease, or any damage or injury to person or property from any cause, except to the extent caused by the willful misconduct or active negligence of Landlord or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active gross negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and Tenant's ’s Agents, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including Landlord's ’s costs and expenses and reasonable attorney's ’s fees incurred in defending such claims.

Indemnification of Landlord. As a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause (other than due to the negligence or willful misconduct of Landlord and Landlord's Agents) arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord indemnify and hold Landlord, Landlord exempt and their shareholders, directors, officers, trustees, employees, partners, affiliates and agents harmless from any claimsdamage or injury to any person, liabilitiesor to the goods, costs or expenses incurred or suffered wares and merchandise and all other personal property of any person, arising from the use of occupancy of the Premises or any part of the Premises, Building, and/or Project by Tenant or and Tenant's Agents, the acts or omissions of Tenant or Tenant's Agents, Tenant's breach of this Lease, or any damage or injury to person or property from any cause, except to the extent caused by the willful misconduct or active negligence of Landlord Agents or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active negligence or willful misconduct of Landlord and Landlord's Agents. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and Tenant's Agents, . Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including Landlord's costs and expenses and reasonable attorney's fees incurred in defending such claims.

Indemnification of Landlord. As a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause (except due to the gross negligence or willful misconduct of Landlord) arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord, and their shareholders, directors, officers, trustees, employees, partners, affiliates and agents from any claims, liabilities, costs or expenses incurred or suffered arising from the use of occupancy of the Premises or any part of the Project by Tenant or Tenant's Agents, the acts or omissions of Tenant or Tenant's Agents, Tenant's breach of this Lease, or any damage or injury to person or property from any cause, except to the extent caused by the willful misconduct or active negligence of Landlord or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active gross negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and Tenant's Agents, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including Landlord's costs and expenses and reasonable attorney's fees incurred in defending such claimsclaims except to the extent due to the gross negligence or willful misconduct of Landlord.

Indemnification of Landlord. As a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause arising at any time to the fullest extent permitted by law, law except to the extent caused by the active negligence or willful misconduct of Landlord or active negligence of Landlord's agents, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord, and their shareholders, directors, officers, trustees, employees, partners, affiliates and agents from any claims, liabilities, costs or expenses incurred or suffered arising from the use of occupancy of the Premises or any part of the Project by Tenant or Tenant's Agents, the acts or omissions of Tenant or Tenant's Agents, Tenant's breach of this Lease, or any damage or injury to person or property on or in the Premises during the Term hereof from any cause, except to the extent caused by the willful misconduct or active negligence of Landlord or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active gross negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and Tenant's Agents, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including Landlord's costs and expenses and reasonable attorney's fees incurred in defending such claims.

Indemnification of Landlord. As a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said PremisesPremises or Project, from any cause arising at any time to the fullest extent permitted by law, and, except to the extent caused by due to the negligence or willful misconduct of Landlord or active negligence of Landlordany Landlord Related Party, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord, Landlord and their shareholders, directors, officers, trustees, employees, partners, affiliates the Landlord Related Parties harmless from and agents from any against all claims, liabilities, obligations, penalties, fines, actions, losses, damages, costs or expenses (including without limitation reasonable attorneys fees) incurred or suffered arising from the use of or occupancy of the Premises or any part of the Project by Tenant or Tenant's ’s Agents, the acts or omissions of Tenant or Tenant's ’s Agents, Tenant's ’s breach of this Lease, or any damage or injury to person or property from any cause, except including but not limited to the extent caused use or occupancy of the Premises or any part of the Project by Tenant or Tenant’s Agents, the willful misconduct acts or active negligence omissions of Landlord Tenant or Tenant’s Agents, Tenant’s breach of this Lease or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and or Tenant's ’s Agents, Tenant will shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord and the Landlord Related Parties harmless from any such claim and against all claims, liabilities, obligations, penalties, fines, actions, losses, damages, costs or liability expenses (including Landlord's costs and expenses and without limitation reasonable attorney's fees attorneys fees) incurred in defending connection with such claimslitigation.

Indemnification of Landlord. As Except to the extent due to the negligence or willful misconduct of Landlord, as a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord (it being agreed that a counsel preferred by Tenant’s insurance company is acceptable) and hold Landlord, and their shareholders, directors, officers, trustees, employees, partners, affiliates and agents from any claims, liabilities, costs or expenses incurred or suffered arising from the use of or occupancy of the Premises or any part of the Project by Tenant or Tenant's ’s Agents, the acts or omissions of Tenant or Tenant's ’s Agents, Tenant's ’s breach of this Lease, or any damage or injury to person or property from any cause, except including but not limited to the extent caused use or occupancy of the Premises or any part of the project by Tenant or Tenant’s Agents, the willful misconduct acts or active negligence omissions of Landlord Tenant or Tenant’s Agents, Tenant’s breach of this Lease or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and or Tenant's ’s Agents, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including Landlord's ’s costs and expenses and reasonable attorney's ’s fees incurred in defending such claims.

Indemnification of Landlord. As Except to the extent due to the negligence or willful misconduct of Landlord, as a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord (it being agreed that a counsel preferred by Tenant’s insurance company is acceptable) and hold Landlord, and their shareholders, directors, officers, trustees, employees, partners, affiliates and agents from any claims, liabilities, costs or expenses incurred or suffered arising from the use of or occupancy of the Premises or any part of the Project by Tenant or Tenant's ’s Agents, the acts or omissions of Tenant or Tenant's ’s Agents, Tenant's ’s breach of this Lease, or any damage or injury to person or property from any such cause, except including but not limited to the extent caused use or occupancy of the Premises or any part of the project by Tenant or Tenant’s Agents, the willful misconduct acts or active negligence omissions of Landlord Tenant or Tenant’s Agents, Tenant’s breach of this Lease or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and or Tenant's ’s Agents, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including Landlord's ’s costs and expenses and reasonable attorney's ’s fees incurred in defending such claims.

Indemnification of Landlord. As Except to the extent due to the negligence or willful misconduct of Landlord, its agents or employees, as a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord, and their its shareholders, directors, officers, trustees, employees, partners, affiliates partners and agents from any claims, liabilities, costs or expenses incurred or suffered arising from the use of occupancy of the Premises or any part of the Project by Tenant or Tenant's Agents’s agents, the acts or omissions of Tenant or Tenant's Agents’s agents, Tenant's ’s breach of this Lease, or any damage or injury to person or property from any cause, except to the extent caused by the willful misconduct or active negligence of Landlord or from the failure of Tenant to keep the Premises in good condition and repair as herein provided. Further, except to the extent due to the active negligence or willful misconduct of Landlord. Further, its agents or employees, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and or Tenant's Agents’s agents, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including Landlord's ’s costs and expenses and reasonable attorney's ’s fees incurred in defending such claims.

Indemnification of Landlord. As Except to the extent due to the negligence or willful misconduct of Landlord, as a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold harmless Landlord and Landlord, and their shareholders, directors, officers, trustees, employees, partners, affiliates and agents ’s Agents from any claims, liabilities, costs or expenses incurred or suffered arising from the use of or occupancy of the Premises or any part of the Project by Tenant or Tenant's ’s Agents, the acts or omissions of Tenant or Tenant's ’s Agents, Tenant's tenant’s breach of this Lease, or any damage or injury to person or property from any cause, except including but not limited to the extent caused use or occupancy of the Premises by Tenant or Tenant’s Agents, the willful misconduct acts or active negligence omissions of Landlord Tenant or Tenant’s Agents, Tenant’s breach of this Lease or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and or Tenant's ’s Agents, Tenant will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including Landlord's ’s costs and expenses and reasonable attorney's ’s fees incurred in defending such claims.

Indemnification of Landlord. As Except to the extent due to Landlord's gross negligence, willful misconduct, or breach of this Lease, as a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises Xxxxxxxx and for injuries to persons in or about said PremisesXxxxxxxx, from any cause arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant Xxxxxx shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord, and their shareholders, directors, officers, trustees, employees, partners, affiliates and agents from any claims, liabilities, costs or expenses incurred or suffered arising from the use of or occupancy of the Premises or any part of the Project by Tenant or Tenant's Agents, the acts or omissions of Tenant or Tenant's Agents, TenantXxxxxx's breach of this Lease, or any damage or injury to person or property from any cause, cause (except to the extent caused by due to the gross negligence or willful misconduct of Landlord) including but not limited to the use or active negligence occupancy of Landlord the Premises or any part of the project by Tenant or Xxxxxx's Agents, the acts or omissions of Tenant or Tenant's Agents, Xxxxxx's breach of this Lease or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and Tenantor Xxxxxx's Agents, Tenant Xxxxxx will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including LandlordXxxxxxxx's costs and expenses and reasonable attorney's fees incurred in defending such claims.

Indemnification of Landlord. As Except to the extent due to Landlord's gross negligence, ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatement Requested willful misconduct, or breach of this Lease, as a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said Premises, from any cause arising at any time to the fullest extent permitted by law, except to the extent caused by the willful misconduct or active negligence of Landlord, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord, and their shareholders, directors, officers, trustees, employees, partners, affiliates and agents from any claims, liabilities, costs or expenses incurred or suffered arising from the use of or occupancy of the Premises or any part of the Project by Tenant or Tenant's Agents, the acts or omissions of Tenant or Tenant's Agents, TenantXxxxxx's breach of this Lease, or any damage or injury to person or property from any cause, cause (except to the extent caused by due to the gross negligence or willful misconduct of Landlord) including but not limited to the use or active negligence occupancy of Landlord the Premises or any part of the project by Tenant or Tenant's Agents, the acts or omissions of Tenant or Tenant's Agents, Xxxxxx's breach of this Lease or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and Tenantor Xxxxxx's Agents, Tenant Xxxxxx will indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from any such claim or liability including LandlordXxxxxxxx's costs and expenses and reasonable attorney's fees incurred in defending such claims.

Indemnification of Landlord. As a material part of the consideration rendered to Landlord, Tenant hereby waives all claims against Landlord for damages to goods, wares and merchandise, and all other personal property in, upon or about said Premises and for injuries to persons in or about said PremisesPremises or Project, from any cause arising at any time to the fullest extent permitted by law, except . Except to the extent caused by due to the negligence or willful misconduct of Landlord or active negligence a breach of Landlord’s obligations under this Lease, and Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord, Landlord and their shareholders, directors, officers, trustees, employees, partners, affiliates the Landlord Related Parties harmless from and agents from any against all claims, liabilities, obligations, penalties, fines, actions, losses, damages, costs or expenses (including -33- without limitation reasonable attorneys fees) incurred or suffered arising from the use of or occupancy of the Premises or any part of the Project by Tenant or Tenant's ’s Agents, the acts or omissions of Tenant or Tenant's ’s Agents, Tenant's ’s breach of this Lease, or any damage or injury to person or property from any cause, except including but not limited to the extent caused use or occupancy of the Premises or any part of the Project by Tenant or Tenant’s Agents, the willful misconduct acts or active negligence omissions of Landlord Tenant or Tenant’s Agents, Tenant’s breach of this Lease or from the failure of Tenant to keep the Premises in good condition and repair as herein provided, except to the extent due to the active negligence or willful misconduct of Landlord. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant and or Tenant's ’s Agents, Tenant will shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord and the Landlord Related Parties harmless from any such claim and against all claims, liabilities, obligations, penalties, fines, actions, losses, damages, costs or liability expenses (including Landlord's costs and expenses and without limitation reasonable attorney's fees attorneys fees) incurred in defending connection with such claimslitigation.