Indemnification of Landlord. Subject to paragraph 16.8 below, Tenant will indemnify, defend (by counsel reasonably acceptable to Landlord which is deemed to include counsel furnished by Tenant's liability insurer in accordance with this Lease), protect and hold Landlord harmless from and against any and all claims, demands, losses, damages, costs and expenses (including reasonable attorney's fees) or death of or injury to any person or damage to any property whatsoever arising out of or relating to Tenant's breach or default under this Lease, including, but not limited to Tenant's breach of paragraph 21 below or Tenant's use or occupancy of the Premises or caused by Tenant or its agents, employees or invitees. Landlord shall not be liable to Tenant for any damage by or from any act or negligence of any co-tenant or other occupant of the Project or by any owner or occupant of adjoining or contiguous property or by any defect in or failure to maintain the Project or the Premises. Tenant agrees to pay for all damage to the Project as well as all damage to tenants or occupants thereof caused by misuse or neglect of said Premises, its apparatus or appurtenances or the Common Areas, by Tenant or Tenant's employees, agents and invitees. Landlord agrees to indemnify Tenant from any claims, demands, losses, damages, costs and expenses (including reasonable attorney's fees) incurred by Tenant as a result of the negligence or willful acts of Landlord, its agents, employees or contractors.
Appears in 2 contracts
Samples: Office Lease (Starmedia Network Inc), Office Lease (Starmedia Network Inc)
Indemnification of Landlord. Subject to paragraph 16.8 below, Tenant will shall indemnify, defend (by with counsel reasonably acceptable satisfactory to Landlord which is deemed to include counsel furnished by Tenant's liability insurer in accordance with this Lease), protect Landlord) and hold Landlord Landlord, its directors, officers, employees, agents, assigns and any successors in Landlord’s interests under the Lease, harmless from and against any and all claimsloss, demandscosts, lossesdamage, damages, costs and expenses expense (including reasonable attorney's attorneys’ fees and experts’ fees) ), claims, cause of action, judgment, penalty, fine or death of liability directly or injury to any person or damage to any property whatsoever arising out of or indirectly relating to or arising from any breach of Tenant's breach ’s obligations described in this Section 20. Notwithstanding the foregoing, Tenant shall not be required to indemnify Landlord with respect to Hazardous Materials which were not used, generated, stored, transported, handled or default disposed of in or about the Land, Buildings and Improvements by Tenant or any of the Tenant Parties or agents, such as Hazardous Materials which might migrate onto or under the Land, Buildings and Improvements from another source or which, existed as of the date of execution of this LeaseLease or resulted from the negligence of Landlord or Landlord’s agents, includingcontractors, or employees. Landlord shall have the right, but not limited the obligation, to join or participate in any legal proceedings or actions initiated in connection with Tenant's breach of paragraph 21 below ’s Environmental Activities. If Tenant fails to remediate or Tenant's use or occupancy accept tender of the Premises obligation to cure or caused defend, Landlord may also negotiate, defend, approve and appeal any action taken or issued by any applicable governmental authority with regard to contamination of the Land, Buildings and Improvements by any Hazardous Materials. Any costs or expenses incurred by Landlord for which Tenant or any of the Tenant Parties is or are responsible under this section or for which Tenant has indemnified Landlord shall be reimbursed by Tenant or its agents, employees or invitees. to Landlord shall not be liable to Tenant for any damage by or from any act or negligence of any co-tenant or other occupant of the Project or by any owner or occupant of adjoining or contiguous property or by any defect in or failure to maintain the Project or the Premises. Tenant agrees to pay for all damage to the Project on demand as well as all damage to tenants or occupants thereof caused by misuse or neglect of said Premises, its apparatus or appurtenances or the Common Areas, by Tenant or Tenant's employees, agents and invitees. Landlord agrees to indemnify Tenant from any claims, demands, losses, damages, costs and expenses (including reasonable attorney's fees) incurred by Tenant as a result of the negligence or willful acts of Landlord, its agents, employees or contractorsAdditional Rent.
Appears in 2 contracts
Samples: Ground Lease, Ground Lease (Palace Entertainment Holdings, Inc.)
Indemnification of Landlord. Subject to paragraph 16.8 below, Tenant will indemnify, defend (by counsel reasonably acceptable to Landlord which is deemed to include counsel furnished by Tenant's liability insurer in accordance with Notwithstanding any other provision of this Lease), protect the Tenant shall indemnify the Landlord and hold Landlord save it harmless from and against any and all loss (including loss of Rent) claims, demands, lossesactions, damages, costs liability and expenses expense (including reasonable attorney's feescollectively “Losses”) in connection with loss of life, personal injury, damage to property or death of any other loss or injury to any person or damage to any property whatsoever arising from or out of or relating to Tenant's breach or default under this Lease, includingor any occurrence in, but not limited to Tenant's breach of paragraph 21 below upon or Tenant's at the Properties, or the occupancy or use or occupancy by the Tenant of the Premises Properties or caused any part thereof, or occasioned wholly or in part by Tenant any act, omission or negligence of the Tenant, its agents, employees employees, invitees or invitees. Landlord others for whom it is in law responsible, provided that this indemnity shall not be liable extend to Tenant for any damage such Losses suffered by the Landlord resulting from the gross negligence or from any act or negligence of any co-tenant or other occupant misconduct of the Project or by any owner or occupant of adjoining or contiguous property or by any defect in or failure to maintain the Project or the Premises. Tenant agrees to pay for all damage to the Project as well as all damage to tenants or occupants thereof caused by misuse or neglect of said Premises, its apparatus or appurtenances or the Common Areas, by Tenant or Tenant's employees, agents and invitees. Landlord agrees to indemnify Tenant from any claims, demands, losses, damages, costs and expenses (including reasonable attorney's fees) incurred by Tenant as a result of the negligence or willful acts of Landlord, its agents, employees employees, invitees or contractorsothers for whom at law it is responsible. 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, indemnify and hold the Landlord harmless and shall pay all costs, expenses and legal fees incurred or paid by the Landlord in connection with such litigation. The Landlord may, at its option, participate in or assume carriage of any litigation or settlement discussions relating to the foregoing, or any other matter for which the Tenant is required to indemnify the Landlord under this Lease. Alternatively, the Landlord may require the Tenant to assume carriage of and responsibility for all or any part of such litigation or discussions. This indemnification shall survive the expiration of the Term.
Appears in 2 contracts
Samples: Lease Agreement (Maxim Mortgage Corp/), Lease Agreement (Maxim Mortgage Corp/)
Indemnification of Landlord. Subject Except to paragraph 16.8 belowthe extent due to Landlord’s gross negligence or willful misconduct, Tenant will shall indemnify, defend (by counsel reasonably acceptable to Landlord which is deemed to include counsel furnished by Tenant's liability insurer in accordance with this Lease)defend, protect and hold Landlord harmless of and from and against any and all loss, liens, liability, claims, demandscauses of action, lossesdamage, damagesinjury, cost or 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, 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 Tenant 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 expenses (including reasonable attorney's fees) or death of or injury to any person or damage to any property whatsoever arising out which shall be included as part of or relating to Tenant's breach or default under ’s indemnity obligation hereunder. The indemnification contained in this Lease, including, but not limited to Tenant's breach of paragraph 21 below or Tenant's use or occupancy of the Premises or caused by Tenant or its agents, employees or invitees. Landlord Section 16.2 shall not be liable to Tenant for any damage by or from any act or negligence of any co-tenant or other occupant of the Project or by any owner or occupant of adjoining or contiguous property or by any defect in or failure to maintain the Project or the Premises. Tenant agrees to pay for all damage extend to the Project as well as all damage to tenants or occupants thereof caused by misuse or neglect of said Premisesofficers, its apparatus or appurtenances or the Common Areasdirectors, by Tenant or Tenant's shareholders, partners, employees, agents and invitees. Landlord agrees to indemnify Tenant from any claims, demands, losses, damages, costs and expenses (including reasonable attorney's fees) incurred by Tenant as a result of the negligence or willful acts representatives of Landlord, its agents, employees or contractors.
Appears in 2 contracts
Samples: Sublease Agreement (Salesforce Com Inc), Sublease Agreement (Salesforce Com Inc)
Indemnification of Landlord. Subject Except to paragraph 16.8 belowthe extent due to Landlord’s gross negligence or willful misconduct, Tenant will shall indemnify, defend (by counsel reasonably acceptable to Landlord which is deemed to include counsel furnished by Tenant's liability insurer in accordance with this Lease)defend, protect and hold Landlord harmless of and from and against any and all loss, liens, liability, claims, demandscauses of action, lossesdamage, damagesinjury, cost or 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 to the Promises 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 Tenant 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 expenses (including reasonable attorney's fees) or death of or injury to any person or damage to any property whatsoever arising out which shall be included as part of or relating to Tenant's breach or default under ’s indemnity obligation hereunder. The indemnification contained in this Lease, including, but not limited to Tenant's breach of paragraph 21 below or Tenant's use or occupancy of the Premises or caused by Tenant or its agents, employees or invitees. Landlord Section 16.2 shall not be liable to Tenant for any damage by or from any act or negligence of any co-tenant or other occupant of the Project or by any owner or occupant of adjoining or contiguous property or by any defect in or failure to maintain the Project or the Premises. Tenant agrees to pay for all damage extend to the Project as well as all damage to tenants or occupants thereof caused by misuse or neglect of said Premisesofficers, its apparatus or appurtenances or the Common Areasdirectors, by Tenant or Tenant's shareholders, partners, employees, agents and invitees. Landlord agrees to indemnify Tenant from any claims, demands, losses, damages, costs and expenses (including reasonable attorney's fees) incurred by Tenant as a result of the negligence or willful acts representatives of Landlord, its agents, employees or contractors.
Appears in 2 contracts
Samples: Sublease Agreement (Salesforce Com Inc), Sublease Agreement (Salesforce Com Inc)
Indemnification of Landlord. Subject to paragraph 16.8 below, Tenant will shall indemnify, defend (by counsel reasonably acceptable to Landlord which is deemed to include counsel furnished by Tenant's liability insurer in accordance with this Lease)defend, protect and hold Landlord harmless of and from and against any and all loss, liens, liability, claims, demandscauses of action, lossesdamage, damagesinjury, cost or expense arising out of or in connection with (i) the making of any alterations, additions or other improvements made by or Tenant or by its employees, contractors or agents 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) the negligence or willful ,misconduct of Tenant , 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 all other reasonable costs and expenses incurred by Landlord. If Landlord disapproves the legal counsel proposed by Tenant 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 expenses (including reasonable attorney's fees) or death of or injury to any person or damage to any property whatsoever arising out which shall be included as part of or relating to Tenant's breach or default under indemnity obligation hereunder. The indemnification contained in this Lease, including, but not limited to Tenant's breach of paragraph 21 below or Tenant's use or occupancy of the Premises or caused by Tenant or its agents, employees or invitees. Landlord Section 16.2 shall not be liable to Tenant for any damage by or from any act or negligence of any co-tenant or other occupant of the Project or by any owner or occupant of adjoining or contiguous property or by any defect in or failure to maintain the Project or the Premises. Tenant agrees to pay for all damage extend to the Project as well as all damage to tenants or occupants thereof caused by misuse or neglect of said Premisesofficers, its apparatus or appurtenances or the Common Areasdirectors, by Tenant or Tenant's shareholders, partners, employees, agents and invitees. Landlord agrees to indemnify Tenant from any claims, demands, losses, damages, costs and expenses (including reasonable attorney's fees) incurred by Tenant as a result of the negligence or willful acts representatives of Landlord, its agents, employees or contractors.
Appears in 2 contracts
Samples: Office Lease (Critical Path Inc), Office Lease (Critical Path Inc)
Indemnification of Landlord. Subject Except to paragraph 16.8 belowthe extent due to Landxxxx'x xross negligence or willful misconduct, Tenant will shall indemnify, defend (by counsel reasonably acceptable to Landlord which is deemed to include counsel furnished by Tenant's liability insurer in accordance with this Lease)defend, protect and hold Landlord harmless of and from and against any and all loss, liens, liability, claims, demandscauses of action, lossesdamage, damagesinjury, cost or 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 Tenaxx xxx the defense of any claim indemnified against hereunder, Landlord shall have the right to appoint its own legal counsel, the reasonable fees, costs and expenses (including reasonable attorney's fees) or death of or injury to any person or damage to any property whatsoever arising out which shall be included as part of or relating to Tenant's breach or default under Tenaxx'x xndemnity obligation hereunder. The indemnification contained in this Lease, including, but not limited to Tenant's breach of paragraph 21 below or Tenant's use or occupancy of the Premises or caused by Tenant or its agents, employees or invitees. Landlord Section 16.2 shall not be liable to Tenant for any damage by or from any act or negligence of any co-tenant or other occupant of the Project or by any owner or occupant of adjoining or contiguous property or by any defect in or failure to maintain the Project or the Premises. Tenant agrees to pay for all damage extend to the Project as well as all damage to tenants or occupants thereof caused by misuse or neglect of said Premisesofficers, its apparatus or appurtenances or the Common Areasdirectors, by Tenant or Tenant's shareholders, partners, employees, agents and invitees. Landlord agrees to indemnify Tenant from any claims, demands, losses, damages, costs and expenses (including reasonable attorney's fees) incurred by Tenant as a result of the negligence or willful acts representatives of Landlord, its agents, employees or contractors.
Appears in 1 contract
Samples: Office Lease (Del Monte Foods Co)
Indemnification of Landlord. Subject Except to paragraph 16.8 belowthe extent due to the negligence or willful misconduct of Landlord or Landlord Related Parties or Landlord’s default under this Lease, Tenant will shall indemnify, defend (by counsel reasonably acceptable to Landlord which is deemed to include counsel furnished by Tenant's liability insurer in accordance with this Lease)defend, protect and hold Landlord harmless of and from and against any and all loss, liens, liability, claims, demandscauses of action, lossesdamage, damagesinjury, costs and expenses cost or expense (including reasonable attorney's fees“Indemnification Claims”) or death of or injury to any person or damage to any property whatsoever arising out of or relating to Tenant's breach in connection with (i) any alterations, additions or default under this Lease, including, but not limited to Tenant's breach other improvements made by or on behalf of paragraph 21 below Tenant (other than by Landlord or Tenant's use or occupancy any Landlord Parties during the initial improvement of the Premises pursuant to the Work Letter or caused any Alterations made by or on behalf of Tenant (other than by Landlord or its agents, employees of contractors), or invitees. Landlord shall not be liable (ii) injury to Tenant for any or death of persons or damage by to property occurring or from any act resulting directly or negligence of any co-tenant indirectly from: (A) the use or other occupant of the Project or by any owner or occupant of adjoining or contiguous property or by any defect in or failure to maintain the Project occupancy of, or the Premises. Tenant agrees to pay for all damage to conduct of business in, the Project as well as all damage to tenants or occupants thereof caused by misuse or neglect of said Premises, its apparatus or appurtenances or the Common Areas, 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 other Tenant Parties, in or about any portion of the Building. Tenant's ’s indemnity obligation includes reasonable attorneys’ fees and costs, investigation costs and all other reasonable costs and expenses incurred by Landlord. If Landlord disapproves the legal counsel proposed by Tenant 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 expenses of which shall be included as part of Tenant’s indemnity obligation hereunder. The indemnification contained in this Section 16.2 shall extend to the officers, directors, shareholders, partners, employees, agents and invitees. Landlord agrees to indemnify Tenant from any claims, demands, losses, damages, costs and expenses (including reasonable attorney's fees) incurred by Tenant as a result of the negligence or willful acts representatives of Landlord, its agents, employees or contractors.
Appears in 1 contract
Samples: Office Lease (Mobitv Inc)
Indemnification of Landlord. Subject to paragraph 16.8 below, Tenant will indemnifyprotect, defend (by counsel reasonably acceptable to Landlord which is deemed to include counsel furnished by Tenant's liability insurer in accordance with this Lease), protect indemnify and hold harmless Landlord harmless and its Agents from and against any and all claims, demands, lossesactions, damages, costs liability and expense (including reasonable fees of attorneys, investigators and experts) in connection with loss of life, personal injury or damage to property in the Premises or arising out of the occupancy or use of the Premises by Tenant or its Agents or occasioned to the extent of any negligent act or omission of Tenant or its Agents at the Property, whether prior to, during or after the Term, except to the extent such loss, injury or damage was caused by the negligence of Landlord or its Agents. In case any action or proceeding is brought against Landlord and/or its Agents by reason of the foregoing, Tenant, at its expense, shall resist and defend such action or proceeding, or cause the same to be resisted and defended by counsel (reasonably acceptable to Landlord and its Agents) designated by the insurer whose policy covers such occurrence or by counsel designated by Tenant and approved by Landlord and its Agents. Tenant’s obligations pursuant to this Section 15 shall survive the expiration or termination of this Lease. Landlord will protect, indemnify and hold harmless Tenant, its officers, directors, shareholders, employees and agents form and against any and all claims, actions, damages, liability and expenses (including reasonable attorney's feesfees of attorneys, investigators and experts) or death in connection with loss of or life, personal injury to any person or damage to or about the Common Areas (except to the extent caused by the negligent act or omissions of Tenant) or arising from or in connection with Landlord’s negligent acts or omissions, and those of its agents, employees and contractors; and breach of any property whatsoever arising out of representation or relating to Tenant's breach or default under this Lease, warranty (including, but not limited to to, Landlord’s representations regarding hazardous materials at the Property). In any action or preceding is brought against Tenant's breach of paragraph 21 below or Tenant's use or occupancy of the Premises or caused by Tenant or , its agentsofficers, directors, shareholders, employees or invitees. Landlord shall not be liable to Tenant for any damage agents by or from any act or negligence of any co-tenant or other occupant reason of the Project or by any owner or occupant of adjoining or contiguous property or by any defect in or failure to maintain the Project or the Premises. Tenant agrees to pay for all damage to the Project as well as all damage to tenants or occupants thereof caused by misuse or neglect of said Premisesforegoing, its apparatus or appurtenances or the Common Areas, by Tenant or Tenant's employees, agents and invitees. Landlord agrees to indemnify Tenant from any claims, demands, losses, damages, costs and expenses (including reasonable attorney's fees) incurred by Tenant as a result of the negligence or willful acts of Landlord, at its agentsexpense, employees shall resist and defend such action or contractorsproceeding or cause the same to be resisted and defended by counsel reasonably acceptable to Tenant. Landlord’s obligations set forth in this Section 16 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Indemnification of Landlord. Subject a. Landlord and the holders of any Superior Interests (as defined in Paragraph 21 below) shall not be liable to paragraph 16.8 belowTenant and Tenant hereby waives all claims against such parties for any loss, injury or other damage to person or property in or about the Premises or the Real Property from any cause whatsoever, including without limitation, water leakage of any character from the roof, walls, basement, fire sprinklers, appliances, air conditioning, plumbing or other portion of the Premises or the Real Property, or gas, fire, explosion, falling plaster, steam, electricity, or any malfunction within the Premises or the Real Property, or acts of other tenants of the Building; provided, however, that, subject to Paragraph 16 below and to the provisions of Paragraph 28 below regarding exculpation of Landlord from Special Claims, the foregoing waiver shall be inapplicable to any loss, injury or damage resulting directly from the gross negligence or willful misconduct of Landlord or its authorized representatives.
b. Tenant will indemnify, defend (by counsel reasonably acceptable to Landlord which is deemed to include counsel furnished by Tenant's liability insurer in accordance with this Lease), protect and shall hold Landlord and the holders of any Superior Interest, and the constituent shareholders, partners or other owners thereof, and all of their agents, contractors, servants, officers, directors, employees and licensees (collectively with Landlord, the “Indemnitees”) harmless from and indemnify the Indemnitees against any and all claims, demands, lossesliabilities, damages, costs and expenses (expenses, including reasonable attorney's feesattorneys’ fees and costs incurred in defending against the same (collectively, “Claims”), to the extent arising from (a) the acts or death omissions of Tenant or any other Tenant Parties (as defined in Paragraph 8.c. above) in, on or about the Real Property, or (b) any construction or other work undertaken by or contracted for by Tenant in, on or about the Premises, whether prior to or during the term of this Lease, or (c) any Event of Default under this Lease by Tenant, or (d) any accident, injury or damage, howsoever and by whomsoever caused, to any person or damage property, occurring in, on or about the Premises; except to any property whatsoever arising out of or relating to Tenant's breach or default under this Lease, including, but not limited to Tenant's breach of paragraph 21 below or Tenant's use or occupancy of the Premises or extent such Claims are caused by Tenant or its agents, employees or invitees. Landlord shall not be liable to Tenant for any damage by or from any act or negligence of any co-tenant or other occupant of the Project or by any owner or occupant of adjoining or contiguous property or by any defect in or failure to maintain the Project or the Premises. Tenant agrees to pay for all damage to the Project as well as all damage to tenants or occupants thereof caused by misuse or neglect of said Premises, its apparatus or appurtenances or the Common Areas, by Tenant or Tenant's employees, agents and invitees. Landlord agrees to indemnify Tenant from any claims, demands, losses, damages, costs and expenses (including reasonable attorney's fees) incurred by Tenant as a result of the negligence or willful acts misconduct of Landlord or its authorized representatives. In case any action or proceeding be brought against any of the Indemnitees by reason of any such Claim, Tenant, upon notice from Landlord, its agentscovenants to resist and defend at Tenant’s sole expense such action or proceeding by counsel reasonably satisfactory to Landlord. The provisions of this Paragraph 14.b. shall survive the expiration or earlier termination of this Lease with respect to any injury, employees illness, death or contractorsdamage occurring prior to such expiration or termination.
Appears in 1 contract
Samples: Office Lease (Zscaler, Inc.)
Indemnification of Landlord. Subject As a material part of the consideration rendered to paragraph 16.8 belowLandlord, to the fullest extent allowed by Laws, Tenant will 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 or Project, from any cause arising at any time except to the extent due to the gross negligence or willful misconduct of Landlord or any Landlord Related Party. Except to the extent due to the negligence or willful misconduct of Landlord or Landlord Related Parties, Tenant shall indemnify, defend (by with counsel reasonably acceptable to Landlord which is deemed to include counsel furnished by Tenant's liability insurer in accordance with this Lease), protect and hold Landlord and the Landlord Related Parties harmless from and against any and all claims, demandsliabilities, obligations, penalties, fines, actions, losses, damages, costs and or expenses (including without limitation reasonable attorney's attorneys' fees) incurred or death of or injury to any person or damage to any property whatsoever suffered arising out of or relating to Tenant's breach or default under this Lease, including, but not limited to Tenant's breach of paragraph 21 below or Tenant's from the use or occupancy of the Premises or caused by Tenant or its agents, employees or invitees. Landlord shall not be liable to Tenant for any damage by or from any act or negligence of any co-tenant or other occupant part of the Project or by any owner or occupant of adjoining or contiguous property or by any defect in or failure to maintain the Project or the Premises. Tenant agrees to pay for all damage to the Project as well as all damage to tenants or occupants thereof caused by misuse or neglect of said Premises, its apparatus or appurtenances or the Common Areas, by Tenant or Tenant's employees’s Agents, agents and invitees. Landlord agrees the acts or omissions of Tenant or Tenant’s Agents, Tenant’s breach of this Lease, or any damage or injury to indemnify Tenant person or property from any cause. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant or Tenant’s Agents, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord and the Landlord Related Parties harmless from and against all claims, demandsliabilities, obligations, penalties, fines, actions, losses, damages, costs and or expenses (including without limitation reasonable attorney's attorneys’ fees) incurred by Tenant as a result of the negligence or willful acts of Landlord, its agents, employees or contractorsin connection with such litigation.
Appears in 1 contract
Samples: Lease Agreement (Cutera Inc)
Indemnification of Landlord. Subject Except to paragraph 16.8 belowthe extent due to the negligence or willful misconduct of Landlord or other Landlord Parties, Tenant will shall indemnify, defend (by counsel reasonably acceptable to Landlord which is deemed to include counsel furnished by Tenant's liability insurer in accordance with this Lease)defend, protect and hold Landlord harmless of and from and against any and all loss, liens, liability, claims, demandscauses of action, lossesdamage, damagesinjury, cost or 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) negligence or willful misconduct of Tenant or other Tenant Parties, in or about any portion of the Building. Tenant’s indemnity obligation includes reasonable attorneys’ fees and costs, investigation costs and all other reasonable costs and expenses incurred by Landlord. If Landlord disapproves the legal counsel proposed by Tenant 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 expenses (including reasonable attorney's fees) or death of or injury to any person or damage to any property whatsoever arising out which shall be included as part of or relating to Tenant's breach or default under ’s indemnity obligation hereunder. The indemnification contained in this Lease, including, but not limited to Tenant's breach of paragraph 21 below or Tenant's use or occupancy of the Premises or caused by Tenant or its agents, employees or invitees. Landlord Section 16.2 shall not be liable to Tenant for any damage by or from any act or negligence of any co-tenant or other occupant of the Project or by any owner or occupant of adjoining or contiguous property or by any defect in or failure to maintain the Project or the Premises. Tenant agrees to pay for all damage extend to the Project as well as all damage to tenants or occupants thereof caused by misuse or neglect of said Premisesofficers, its apparatus or appurtenances or the Common Areasdirectors, by Tenant or Tenant's shareholders, partners, employees, agents and invitees. Landlord agrees to indemnify Tenant from any claims, demands, losses, damages, costs and expenses (including reasonable attorney's fees) incurred by Tenant as a result of the negligence or willful acts representatives of Landlord, its agents, employees or contractors.
Appears in 1 contract
Samples: Office Lease (Jamba, Inc.)
Indemnification of Landlord. Subject As a material part of the consideration rendered to paragraph 16.8 belowLandlord, to the fullest extent allowed by Laws, Tenant will 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 or Project, from any cause arising at any time (including without limitation the sole, active or passive negligence or other acts or omissions of Landlord or the Landlord Related Parties). Except to the extent due to the negligence or willful misconduct of Landlord, Tenant shall indemnify, defend (by with counsel reasonably acceptable to Landlord which is deemed to include counsel furnished by Tenant's liability insurer in accordance with this Lease), protect and hold Landlord and the Landlord Related Parties harmless from and against any and all claims, demandsliabilities, obligations, penalties, fines, actions, losses, damages, costs and or expenses (including without limitation reasonable attorney's attorneys fees) incurred or death of or injury to any person or damage to any property whatsoever suffered arising out of or relating to Tenant's breach or default under this Lease, including, but not limited to Tenant's breach of paragraph 21 below or Tenant's from the use or occupancy of the Premises or caused by Tenant or its agents, employees or invitees. Landlord shall not be liable to Tenant for any damage by or from any act or negligence of any co-tenant or other occupant part of the Project or by any owner or occupant of adjoining or contiguous property or by any defect in or failure to maintain the Project or the Premises. Tenant agrees to pay for all damage to the Project as well as all damage to tenants or occupants thereof caused by misuse or neglect of said Premises, its apparatus or appurtenances or the Common Areas, by Tenant or Tenant's employees’s Agents, agents and invitees. Landlord agrees the acts or omissions of Tenant or Tenant’s Agents, Tenant’s breach of this Lease, or any damage or injury to indemnify Tenant person or property from any cause in the Premises. Further, in the event Landlord is made party to any litigation due to the acts or omission of Tenant or Tenant’s Agents, Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord and the Landlord Related Parties harmless from and against all claims, demandsliabilities, obligations, penalties, fines, actions, losses, damages, costs and or expenses (including without limitation reasonable attorney's attorneys fees) incurred by Tenant as a result of the negligence or willful acts of Landlord, its agents, employees or contractorsin connection with such litigation.
Appears in 1 contract