Common use of Indemnification of Lessor Clause in Contracts

Indemnification of Lessor. LESSEE AGREES TO INDEMNIFY AND HOLD HARMLESS LESSOR AND THE LEASED PREMISES FROM ALL COSTS, LOSSES, DAMAGES, LIABILITIES, EXPENSES, PENALTIES, AND FINES WHATSOEVER THAT MAY ARISE FROM OR BE CLAIMED AGAINST LESSOR AND/OR THE LEASED PREMISES BY ANY PERSON OR PERSONS FOR ANY INJURY TO PERSON OR PROPERTY OR DAMAGE OF WHATEVER KIND OR CHARACTER ARISING FROM THE USE OR OCCUPANCY OF THE LEASED PREMISES BY LESSEE; FROM ANY NEGLECT OR FAULT OF LESSEE OR THE AGENTS, EMPLOYEES, GUESTS AND/OR INVITEES OF LESSEE IN USING AND OCCUPYING THE LEASED PREMISES; OR FROM ANY FAILURE BY LESSEE TO COMPLY AND CONFORM WITH ALL LAWS, STATUTES, ORDINANCES, AND REGULATIONS OF ANY GOVERNMENTAL BODY OR SUBDIVISION NOW OR HEREAFTER IN FORCE. IF ANY LAWSUIT OR PROCEEDING SHALL BE BROUGHT AGAINST LESSOR OR THE LEASED PREMISES ON ACCOUNT OF ANY ALLEGED VIOLATIONS OR FAILURE TO COMPLY AND CONFORM OR ON ACCOUNT OF ANY DAMAGE, OMISSION, NEGLECT, OR USE OF THE LEASED PREMISES BY LESSEE, THE AGENTS, EMPLOYEES, GUESTS AND/OR INVITEES OF LESSEE, OR ANY OTHER PERSON ON THE LEASED PREMISES, LESSEE AGREES THAT LESSEE WILL DEFEND IT, PAY WHATEVER JUDGMENTS MAY BE RECOVERED AGAINST LESSOR OR AGAINST THE LEASED PREMISES ON ACCOUNT OF IT, AND PAY FOR ALL ATTORNEYS' FEES IN CONNECTION WITH IT, INCLUDING ATTORNEYS' FEES ON APPEAL.

Indemnification of Lessor. LESSEE AGREES TO INDEMNIFY AND HOLD HARMLESS LESSOR AND THE LEASED PREMISES FROM ALL COSTS, LOSSES, DAMAGES, LIABILITIES, EXPENSES, PENALTIES, AND FINES WHATSOEVER THAT MAY ARISE FROM OR BE CLAIMED AGAINST LESSOR AND/OR THE LEASED PREMISES BY ANY PERSON OR PERSONS FOR ANY INJURY TO PERSON OR PROPERTY OR DAMAGE OF WHATEVER KIND OR CHARACTER ARISING FROM THE USE OR OCCUPANCY OF THE LEASED PREMISES BY LESSEE; FROM ANY NEGLECT OR FAULT OF LESSEE OR THE AGENTS, EMPLOYEES, GUESTS AND/OR INVITEES OF LESSEE IN USING AND OCCUPYING THE LEASED PREMISES; OR FROM ANY FAILURE BY LESSEE TO COMPLY AND CONFORM WITH ALL LAWS, STATUTES, ORDINANCES, AND REGULATIONS OF ANY GOVERNMENTAL BODY OR SUBDIVISION NOW OR HEREAFTER IN FORCE. IF ANY LAWSUIT OR PROCEEDING SHALL BE BROUGHT AGAINST LESSOR OR THE LEASED PREMISES ON ACCOUNT OF ANY ALLEGED VIOLATIONS OR FAILURE TO COMPLY AND CONFORM OR ON ACCOUNT OF ANY DAMAGE, OMISSION, NEGLECT, OR USE OF THE LEASED PREMISES BY LESSEEXXXXXX, THE AGENTS, EMPLOYEES, GUESTS AND/OR INVITEES OF LESSEE, OR ANY OTHER PERSON ON THE LEASED PREMISES, LESSEE AGREES THAT LESSEE WILL DEFEND IT, PAY WHATEVER JUDGMENTS MAY BE RECOVERED AGAINST LESSOR OR AGAINST THE LEASED PREMISES ON ACCOUNT OF IT, AND PAY FOR ALL ATTORNEYS' FEES IN CONNECTION WITH IT, INCLUDING ATTORNEYS' FEES ON APPEAL.

Indemnification of Lessor. EXCEPT FOR LESSOR’S GROSS NEGLIGENCE AND/OR WILLFUL MISCONDUCT OR BREACH OF EXPRESS WARRANTIES, LESSEE AGREES TO INDEMNIFY SHALL INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS THE PREMISES, LESSOR AND THE LEASED PREMISES FROM ALL COSTS, LOSSES, DAMAGES, LIABILITIES, EXPENSES, PENALTIES, AND FINES WHATSOEVER THAT MAY ARISE FROM OR BE CLAIMED AGAINST LESSOR AND/OR THE LEASED PREMISES BY ANY PERSON OR PERSONS FOR ANY INJURY TO PERSON OR PROPERTY OR DAMAGE OF WHATEVER KIND OR CHARACTER ARISING FROM THE USE OR OCCUPANCY OF THE LEASED PREMISES BY LESSEE; FROM ANY NEGLECT OR FAULT OF LESSEE OR THE ITS AGENTS, EMPLOYEES, GUESTS OFFICERS, INDEPENDENT CONTRACTORS, LESSOR’S MASTER OR GROUND LESSOR, PARTNERS AND ANY HOLDERS OF ANY MORTGAGES OR DEEDS OF TRUST ON THE PREMISES (“LENDERS”), FROM AND AGAINST ANY AND ALL CLAIMS, LOSS OF RENTS AND/OR INVITEES DAMAGES, COSTS, LIENS, JUDGMENTS, PENALTIES, LOSS OF LESSEE IN USING PERMITS, REASONABLE ATTORNEYS’ AND OCCUPYING THE LEASED PREMISES; CONSULTANTS’ FEES, EXPENSES AND/OR FROM ANY FAILURE BY LESSEE TO COMPLY AND CONFORM WITH ALL LAWSLIABILITIES ARISING OUT OF, STATUTES, ORDINANCES, AND REGULATIONS OF ANY GOVERNMENTAL BODY OR SUBDIVISION NOW OR HEREAFTER IN FORCE. IF ANY LAWSUIT OR PROCEEDING SHALL BE BROUGHT AGAINST LESSOR OR THE LEASED PREMISES ON ACCOUNT OF ANY ALLEGED VIOLATIONS OR FAILURE TO COMPLY AND CONFORM OR ON ACCOUNT OF ANY DAMAGE, OMISSION, NEGLECTINVOLVING, OR USE IN CONNECTION WITH, THE OCCUPANCY OF THE LEASED PREMISES BY LESSEE, THE CONDUCT OF LESSEE’S BUSINESS, ANY ACT, OMISSION OR NEGLECT OF LESSEE, ITS AGENTS, EMPLOYEESCONTRACTORS, GUESTS EMPLOYEES OR INVITEES, AND OUT OF ANY DEFAULT OR BREACH BY LESSEE IN THE PERFORMANCE IN A TIMELY MANNER OF ANY OBLIGATION ON LESSEE’S PART TO BE PERFORMED UNDER THIS LEASE. THE FOREGOING SHALL INCLUDE, BUT NOT BE LIMITED TO, THE DEFENSE OR PURSUIT OF ANY CLAIM OR ANY ACTION OR PROCEEDING INVOLVED THEREIN, AND WHETHER OR NOT (IN THE CASE OF CLAIMS MADE AGAINST LESSOR) LITIGATED AND/OR INVITEES REDUCED TO JUDGMENT. IN CASE ANY ACTION OR PROCEEDING BE BROUGHT AGAINST LESSOR BY REASON OF ANY OF THE FOREGOING MATTERS, LESSEE, UPON WRITTEN NOTICE FROM LESSOR, SHALL DEFEND THE SAME AT LESSEE’S EXPENSE BY COUNSEL REASONABLY SATISFACTORY TO LESSOR AND LESSOR SHALL COOPERATE WITH LESSEE IN SUCH DEFENSE. LESSOR NEED NOT HAVE FIRST PAID ANY SUCH CLAIM IN ORDER TO BE SO INDEMNIFIED. LESSEE’S OBLIGATIONS UNDER THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR ANY OTHER PERSON ON THE LEASED PREMISES, LESSEE AGREES THAT LESSEE WILL DEFEND IT, PAY WHATEVER JUDGMENTS MAY BE RECOVERED AGAINST LESSOR OR AGAINST THE LEASED PREMISES ON ACCOUNT TERMINATION OF IT, AND PAY FOR ALL ATTORNEYS' FEES THIS LEASE UNLESS SPECIFICALLY WAIVED IN CONNECTION WITH IT, INCLUDING ATTORNEYS' FEES ON APPEAL.WRITING BY LESSOR. LESSEE’S INITIALS:

Indemnification of Lessor. LESSEE AGREES TO INDEMNIFY AND HOLD HARMLESS LESSOR AND THE LEASED PREMISES FROM ALL COSTS, LOSSES, DAMAGES, LIABILITIES, EXPENSES, PENALTIES, AND FINES WHATSOEVER THAT MAY ARISE FROM SHALL NOT BE LIABLE FOR DAMAGE OR BE CLAIMED AGAINST LESSOR AND/OR THE LEASED PREMISES BY ANY PERSON OR PERSONS FOR ANY INJURY TO PERSON OR PROPERTY OR DAMAGE OF WHATEVER KIND OR CHARACTER ARISING FROM THE USE OR OCCUPANCY OF THE LEASED PREMISES BY LESSEE; FROM ANY NEGLECT OR FAULT OF LESSEE OR THE AGENTS, EMPLOYEES, GUESTS AND/OR INVITEES OF LESSEE IN USING AND OCCUPYING THE LEASED PREMISES; OR FROM ANY FAILURE BY LESSEE TO COMPLY AND CONFORM WITH ALL LAWS, STATUTES, ORDINANCES, AND REGULATIONS OF ANY GOVERNMENTAL BODY OR SUBDIVISION NOW OR HEREAFTER IN FORCE. IF ANY LAWSUIT OR PROCEEDING SHALL BE BROUGHT AGAINST LESSOR OR THE LEASED PREMISES ON ACCOUNT OF ANY ALLEGED VIOLATIONS OR FAILURE TO COMPLY AND CONFORM OR ON ACCOUNT OF ANY DAMAGE, OMISSION, NEGLECT, OR USE OF THE LEASED PREMISES BY LESSEE, THE AGENTS, EMPLOYEES, GUESTS AND/OR INVITEES OF LESSEE, OR ANY OTHER PERSON PERSON, OR TO ANY PROPERTY, OCCURRING ON THE LEASED DEMISED PREMISES AND LESSEE AGREES TO HOLD LESSOR HARMLESS FROM ANY CLAIMS FOR DAMAGES, NO MATTER HOW CAUSED. POSSESSION: IF XXXXXX IS UNABLE TO DELIVER POSSESSION AT COMMENCEMENT OF LEASE, LESSOR SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED THEREBY, NOR SHALL THIS LEASE BE VOID OR VOIDABLE, BUT LESSEE, SHALL NOT BE LIABLE FOR ANY RENT UNTIL POSSESSION IS DELIVERED. LESSEE MAY TERMINATE THIS LEASE IF POSSESSIONS NOT DELIVERED WITHIN {LESSEE IS IN POSSESSION} DAYS OF COMMENCEMENT OF LEASE TERM. INSURANCE: XXXXXX, AT HIS EXPENSE, SHALL MAINTAIN PUBLIC LIABILITY INSURANCE, INCLUDING BODILY INJURY AND PROPERTY DAMAGE, INSURING LESSEE AND LESSOR FOR AT LEAST $300,000, NAMING LESSOR AS CO-INSURED. LESSEE SHALL PROVIDE LESSOR WITH CERTIFICATE OF INSURANCE SHOWING LESSOR AS AN ADDITIONAL INSURED. THE CERTIFICATE SHALL PROVIDE FOR AT LEAST A TEN-DAY WRITTEN NOTICE TO LESSOR IN EVENT OF CANCELLATION OR A MATERIAL CHANGE OF COVERAGE. TO THE MAXIMUM EXTENT PERMITTED BY INSURANCE POLICIES OWNED BY THEM, XXXXXX AND XXXXXX, FOR THE BENEFIT OF EACH OTHER, WAIVE ANY AND ALL RIGHTS OF SUBROGATION THAT MIGHT OTHERWISE EXIST. UTILITIES: XXXXXX AGREES THAT HE SHALL BE RESPONSIBLE FOR PAYMENT OF ALL UTILITIES, INCLUDING ELECTRICITY, AND OTHER SERVICES DELIVERED TO THE PREMISES. SIGNS: LESSOR RESERVES EXCLUSIVE RIGHTS TO EXTERIOR OF PREMISES WALLS. LESSEE SHALL CONSTRUCT NO EXTERIOR SIGNS OR AWNINGS WITHOUT WRITTEN CONSENT OF LESSOR. CONSENT SHALL NOT BE UNREASONABLE WITHHELD. ABANDONMENT OF PREMISES: LESSEE SHALL NOT VACATE OR ABANDON PREMISES DURING THE TERM HEREOF. IF LESSEE SHALL ABANDON OR VACATE PREMISES, OR BE DISPOSSESSED BY PROCESS OF LAW, OR OTHERWISE, ANY PERSONAL PROPERTY BELONGING TO THE LESSEE AGREES THAT LESSEE WILL DEFEND ITLEFT UPON THE PREMISES SHALL BE DEEMED TO BE ABANDONED, PAY WHATEVER JUDGMENTS MAY BE RECOVERED AGAINST LESSOR OR AGAINST AT THE LEASED PREMISES ON ACCOUNT ELECTION OF IT, AND PAY FOR ALL ATTORNEYS' FEES IN CONNECTION WITH IT, INCLUDING ATTORNEYS' FEES ON APPEALTHE LESSOR.

Indemnification of Lessor. LESSEE AGREES TO INDEMNIFY AND HOLD HARMLESS LESSOR AND THE LEASED PREMISES FROM ALL COSTS, LOSSES, DAMAGES, LIABILITIES, EXPENSES, PENALTIES, AND FINES WHATSOEVER THAT MAY ARISE FROM OR BE CLAIMED AGAINST LESSOR AND/OR THE LEASED PREMISES BY ANY PERSON OR PERSONS FOR ANY INJURY TO PERSON OR PROPERTY OR DAMAGE OF WHATEVER KIND OR CHARACTER ARISING FROM THE USE OR OCCUPANCY OF THE LEASED PREMISES BY LESSEE; FROM ANY NEGLECT OR FAULT OF LESSEE OR THE AGENTS, EMPLOYEES, GUESTS AND/OR INVITEES OF LESSEE IN USING AND OCCUPYING THE LEASED PREMISES; OR FROM ANY FAILURE BY LESSEE TO COMPLY AND CONFORM WITH ALL LAWS, STATUTES, ORDINANCES, AND REGULATIONS OF ANY GOVERNMENTAL BODY OR SUBDIVISION NOW OR HEREAFTER IN FORCE. IF ANY LAWSUIT OR PROCEEDING SHALL BE BROUGHT AGAINST LESSOR OR THE LEASED PREMISES ON ACCOUNT OF ANY ALLEGED VIOLATIONS OR FAILURE TO COMPLY AND CONFORM OR ON ACCOUNT OF ANY DAMAGE, OMISSION, NEGLECT, OR USE OF THE LEASED PREMISES BY LESSEE, THE AGENTS, EMPLOYEES, GUESTS AND/OR INVITEES OF LESSEE, OR ANY OTHER PERSON ON THE LEASED PREMISES, LESSEE AGREES THAT LESSEE WILL DEFEND IT, PAY WHATEVER JUDGMENTS MAY BE RECOVERED AGAINST LESSOR OR AGAINST THE LEASED PREMISES ON ACCOUNT OF IT, AND PAY FOR ALL ATTORNEYS' ’ FEES IN CONNECTION WITH IT, INCLUDING ATTORNEYS' ’ FEES ON APPEAL.