Common use of Indemnification of Tenant Clause in Contracts

Indemnification of Tenant. Landlord shall indemnify, defend (by counsel reasonably acceptable to Tenant), protect, and hold harmless Tenant, and each of Tenant's partners, directors, officers, employees, agents, attorney, successors, and assigns, from and against any and all claims, liabilities, penalties, fines, judgements forfeitures, losses, costs or expenses (including attorney fees, consultant fees, and expert fees) for the death of or injury to any person or damages to any property whatsoever, arising from or caused in whole or in part, directly or indirectly, by the presence prior to Tenant's taking of possession of the Premises or the release or discharge by Landlord in, on, under, or about the Premises, the Building, or the Property, of any Hazardous Substances or Landlord's use, analysis, storage, transportation, disposal, release, threatened release, discharge, or generation of Hazardous Substances to, in, on, under, about, or from the Premises, the Building, or the Property, or Landlord's failure to comply with any Hazardous Substances Law. For purposes of the release and indemnity provisions hereof, any acts or omissions of Landlord, or by employees, agents, assignees, contractors, or subcontractors of Landlord or others acting for or on behalf of Landlord (whether or not they are negligent, intentional, willful, or unlawful), shall be strictly attributable to Landlord. Tenant acknowledges having received certain environmental reports from Landlord with respect to the Building, the Premises and the Land as prepared by GZA, Inc. and Environmental Solutions; to the best of Landlord's knowledge, except as disclosed in such environmental reports, there exist no Hazardous Substances in, on or under the Premises or the Land. To the best of Landlord's knowledge there are no material inaccuracies in such reports, but Landlord assumes no responsibility for the accuracy, reliability or completeness of such reports and Tenant assumes all risk in connection with the review and use thereof. Landlord represents to Tenant that the reports as delivered to Tenant are complete and true copies of the documents as received by Landlord. Landlord hereby agrees that if any pre-existing asbestos not already disclosed to Tenant is discovered anywhere in the Building, the Premises or the Land, and if the condition of

Indemnification of Tenant. Notwithstanding anything to the contrary contained in Paragraph 16(a) above, Tenant shall not be required to protect, defend, save harmless or indemnify Landlord shall indemnifyfrom any liability for injury, loss, accident or damage to any person resulting from Landlord's negligent acts or omissions or willful misconduct or that of its agents, contractors, servants, employees or licensees, in connection with Landlord's activities on or about the Premises, and subject to the terms of Xxxxxxxxx 00, Xxxxxxxx hereby indemnifies and agrees to protect, defend (by counsel reasonably acceptable to Tenant), protect, and hold Tenant harmless Tenant, and each of Tenant's partners, directors, officers, employees, agents, attorney, successors, and assigns, from and against any and all claims, liabilitiesdamages, penaltiesjudgments, finessuits, judgements forfeitures, losses, costs or expenses (including attorney fees, consultant feescauses of action, and expert fees) for expenses, including reasonable attorneys' fee and court costs to the death extent caused by Landlord's negligent acts or omissions or willful misconduct or those of its agents, contractors, servants, employees or licensees resulting in any injury to any person or damages to any property whatsoever, arising from or caused damage in whole or in part, directly or indirectly, by the presence prior to Tenantconnection with Landlord's taking of possession of the Premises or the release or discharge by Landlord in, on, under, activities on or about the Premises, Building or Common Areas. Such exclusion from Tenant's indemnity and such agreement by landlord to so indemnify and hold Tenant harmless are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the Buildingprovisions of this Lease to the extent that such policies cover (or, or if such policies would have been carried as required, would have covered) the Property, result of any Hazardous Substances or Landlord's use, analysis, storage, transportation, disposal, release, threatened release, discharge, or generation of Hazardous Substances to, in, on, under, about, or from the Premises, the Building, or the Property, or Landlord's failure to comply with any Hazardous Substances Law. For purposes of the release and indemnity provisions hereof, any negligent acts or omissions or willful misconduct of Landlord, Landlord or by employees, those of its agents, assignees, contractors, servants, employees or subcontractors licensees; provided, however, the provisions of this sentence shall in no way be construed to imply the availability of any double or duplicate coverage. Landlord's and Tenant's indemnification obligations under this Paragraph 16 may or may not be coverable by insurance, but the failure of either Landlord or others acting for or on behalf of Landlord (whether or Tenant to carry insurance covering the indemnification obligation shall not they are negligent, intentional, willful, or unlawful), shall be strictly attributable to Landlord. Tenant acknowledges having received certain environmental reports from Landlord with respect to the Building, the Premises and the Land as prepared by GZA, Inc. and Environmental Solutions; to the best of Landlord's knowledge, except as disclosed in such environmental reports, there exist no Hazardous Substances in, on or under the Premises or the Land. To the best of Landlord's knowledge there are no material inaccuracies in such reports, but Landlord assumes no responsibility for the accuracy, reliability or completeness of such reports and Tenant assumes all risk in connection with the review and use thereof. Landlord represents to Tenant that the reports as delivered to Tenant are complete and true copies of the documents as received by Landlord. Landlord hereby agrees that if any pre-existing asbestos not already disclosed to Tenant is discovered anywhere in the Building, the Premises or the Land, and if the condition oflimit their indemnity obligations hereunder.

Indemnification of Tenant. Landlord shall indemnify, defend (by counsel reasonably acceptable to Tenant), agrees that Landlord will protect, defend, indemnify and hold save Tenant harmless Tenant, and each of Tenant's partners, directors, officers, employees, agents, attorney, successors, and assigns, from and against any and all loss or damage of any nature whatsoever, including attorneys fees, arising in connection with the financing statements or mechanics liens listed on Exhibit E to this Lease. In the event that Tenant shall be subject to any loss or damage of any nature whatsoever, including attorneys fees, arising in connection with such financing statements or mechanics liens, Tenant shall notify Landlord of the amount of such loss or damage, including attorneys fees. If Landlord shall fail to pay such amounts to Tenant within ninety (90) days after such notice, Tenant shall notify any mortgagees of record of the Demised Premises of the amount of such loss or damage, including attorneys fees. If such mortgagee(s), if any, shall fail to pay such amounts to Tenant within thirty (30) days after such notice, Tenant may apply such amounts as an offset against rents or other sums owed by Tenant to Landlord under this Lease. Landlord agrees that Landlord will protect, defend, indemnify and save Tenant, its agents, employees, invitees and independent contractors harmless against any and all loss, damage, claims, liabilitiessuits, penaltiesdemands, finesand causes of action of any nature whatsoever, judgements forfeituresjudgments and any expense incidental to the defense thereof, losses, costs or expenses (including attorney fees, consultant fees, and expert fees) for the death of or injury to any person or damages to any property whatsoever, arising from or caused in whole or in part, directly or indirectly, by the presence prior to Tenant's taking of possession of the Premises or the release or discharge by Landlord in, on, under, or about the Premises, the Building, or the Property, of any Hazardous Substances or Landlord's use, analysis, storage, transportation, disposal, release, threatened release, discharge, or generation of Hazardous Substances to, in, on, under, about, or from the Premises, the Building, or the Property, or Landlord's failure to comply with any Hazardous Substances Law. For purposes of the release and indemnity provisions hereof, any acts or omissions of Landlord, or by employees, agents, assignees, contractors, or subcontractors of Landlord or others acting for or on behalf of Landlord (whether or not they are negligent, intentional, willful, or unlawful), shall be strictly attributable to Landlord. Tenant acknowledges having received certain environmental reports from Landlord with respect to the Building, the Premises and the Land as prepared by GZA, Inc. and Environmental Solutions; to the best of Landlord's knowledge, except as disclosed in such environmental reports, there exist no Hazardous Substances in, on or under the Premises or the Land. To the best of Landlord's knowledge there are no material inaccuracies in such reports, but Landlord assumes no responsibility for the accuracy, reliability or completeness of such reports and Tenant assumes all risk in connection with the review action or suit of Landlord's partners or any other person or entity and use thereof. relative to the actions or omissions of Landlord represents or involving Landlord, other than litigation by Landlord or to which Landlord is a party relating to a breach or breaches of any provisions of this Lease by Tenant that and other than claims for personal injury or property damage by third parties occurring in or about the reports as delivered to Tenant are complete and true copies of Demised Premises after the documents as received by Landlord. Landlord hereby agrees that if any pre-existing asbestos not already disclosed to Tenant is discovered anywhere in the Building, the Premises or the Land, and if the condition ofdate hereof.

Indemnification of Tenant. Landlord hereby waives all claims against Tenant, its agents and employees for loss, theft, or damage to equipment, furniture, records, and other property on or about the Building, for loss or damage to Landlord's business or death or injury to persons on or about the premises or the Building, except tot he extent caused by the negligence or willful misconduct of Tenant, its agents or employees. Landlord agrees to indemnify Tenant and hold Tenant harmless from any and all liability, loss, cost (including reasonably attorneys' fees) or obligation on account of, or arising out of any loss, including, without limitation, any loss by reason of injury to person or property, caused by Landlord's or its agents' negligence or willful misconduct. Landlord shall indemnify, defend (by counsel reasonably acceptable to Tenant), protect, and indemnify an hold harmless Tenant, its agents and each of Tenant's partners, directors, officers, employees, agents, attorney, successors, and assigns, employees harmless from and against any and all claims, liabilities, penalties, fines, judgements forfeitures, losses, costs or expenses (including attorney fees, consultant fees, claims and expert fees) for the death of or injury to any person or damages to any property whatsoever, liability arising from any breach or caused in whole or in part, directly or indirectly, by the presence prior to Tenant's taking of possession of the Premises or the release or discharge default by Landlord in, on, under, or about in the Premises, the Building, or the Property, performance of any Hazardous Substances obligation of Landlord under this Lease or Landlord's use, analysis, storage, transportation, disposal, release, threatened release, discharge, or generation of Hazardous Substances to, in, on, under, about, or arising from the Premises, the Building, negligence or the Property, or Landlord's failure to comply with any Hazardous Substances Law. For purposes of the release and indemnity provisions hereof, any acts or omissions willful misconduct of Landlord, its agents, employees, or visitors. Tenant shall not be liable to Landlord for any negligence or act of any occupant or invitee of any owner or occupant of any property adjoining the Building or Premises other than Tenant, its agents and employees. In case any action, suit or proceeding is brought against Tenant by reason of any such occurrence, Landlord, upon Tenant's request, will at Landlord's expense resist and defend such action, suit or proceeding, or cause the same to be resisted and defended by counsel designated by the insurer whose policy covers the occurrence or by employeescounsel designated by Landlord and approved by Tenant, agentswhich approval shall not be unreasonably or arbitrarily withheld, assignees, contractors, conditioned or subcontractors of Landlord or others acting for or on behalf of Landlord (whether or not they are negligent, intentional, willful, or unlawful), shall be strictly attributable to Landlorddelayed. Tenant acknowledges having received certain environmental reports from Landlord with respect to the Building, the Premises and the Land as prepared by GZA, Inc. and Environmental Solutions; to the best of Landlord's knowledge, except as disclosed in such environmental reports, there exist no Hazardous Substances in, on or under the Premises or the Land. To the best of Landlord's knowledge there are no material inaccuracies in such reports, but Landlord assumes no responsibility for the accuracy, reliability or completeness of such reports and Tenant assumes all risk in connection with the review and use thereof. Landlord represents to Tenant that the reports as delivered to Tenant are complete and true copies The obligations of the documents as received by Landlord. Landlord hereby agrees that if shall survive any pre-existing asbestos not already disclosed to Tenant is discovered anywhere in termination of the Building, the Premises or the Land, and if the condition ofLease.

Indemnification of Tenant. Landlord shall indemnify, defend (by counsel reasonably acceptable to Tenant), will protect, indemnify and hold save harmless Tenant, and each of Tenant's partners, directors, officers, employees, agents, attorney, successors, and assigns, Tenant from and against any and all liabilities, obligations, claims, liabilitiesdamages, penalties, fines, judgements forfeitures, lossescauses of action, costs and expense (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or expenses incurred by or asserted against Tenant by reason of the occurrence or existence of any of the following during the Term and the period of any holdover by Tenant: (including attorney feesi) any accident, consultant fees, and expert fees) for the injury to or death of persons or injury loss of or damage to property occurring on or about the Premises or any person part thereof or damages to any property whatsoeveroccurring on or about the adjoining sidewalks, arising from curbs, vaults and vault space, if any, streets or caused in whole ways as a result of or in partconnection with Landlord's or Landlord's employees', directly agents' or indirectlyrepresentatives' acts or omissions on the Premises, by the presence prior to Tenant's taking of possession (ii) any use, nonuse or condition of the Premises or any part thereof or any use, nonuse or condition of the release adjoining sidewalks, curbs, vaults and vault space, if any, streets or discharge by Landlord inways resulting from Landlord's or Landlord's employees', on, under, agents' or about representatives' acts or omissions on the Premises, (iii) any failure on the Buildingpart of Landlord to perform or comply with any of the terms of this Lease, or the Property, (iv) performance of any Hazardous Substances labor or services or the furnishing of any materials or other property in respect of the Premises or any part thereof by Landlord or Landlord's useemployees, analysisagents or representatives. In case any action, storagesuit or proceeding is brought against Tenant by reason of any such occurrence, transportationLandlord, disposalupon request, release, threatened release, discharge, or generation of Hazardous Substances to, in, on, under, about, or from the Premises, the Building, or the Property, or will at Landlord's failure expense resist and defend such action, suit or proceeding or cause the same to comply with any Hazardous Substances Lawbe resisted and defended by counsel designated by Landlord and reasonably approved by Tenant. For purposes of the release and indemnity provisions hereof, any acts or omissions of Landlord, or by employees, agents, assignees, contractors, or subcontractors The obligations of Landlord or others acting for or on behalf under this Section shall survive any termination of Landlord (whether or not they are negligent, intentional, willful, or unlawful), shall be strictly attributable to Landlord. Tenant acknowledges having received certain environmental reports from Landlord with respect to the Building, the Premises and the Land as prepared by GZA, Inc. and Environmental Solutions; to the best of Landlord's knowledge, except as disclosed in such environmental reports, there exist no Hazardous Substances in, on or under the Premises or the Land. To the best of Landlord's knowledge there are no material inaccuracies in such reports, but Landlord assumes no responsibility for the accuracy, reliability or completeness of such reports and Tenant assumes all risk in connection with the review and use thereof. Landlord represents to Tenant that the reports as delivered to Tenant are complete and true copies of the documents as received by Landlord. Landlord hereby agrees that if any pre-existing asbestos not already disclosed to Tenant is discovered anywhere in the Building, the Premises or the Land, and if the condition ofthis Lease.

Indemnification of Tenant. To the fullest extent permitted by law and except as expressly provided elsewhere in this Lease, Landlord shall indemnify, protect, defend (by with legal counsel reasonably acceptable to Tenant), protect, ) and hold harmless Tenant, save Tenant and each of Tenant's agents, partners, members, managers, shareholders, officers, directors, officers, employees, agents, attorney, successors, and assigns, successor and/or assigns ("Tenant's Indemnitees") harmless from and against any and all claims, liabilitiesactions, penaltiesdamages, finesliabilities and expenses, judgements forfeitures, losses, costs or expenses (including attorney attorneys' fees, consultant feesin connection with loss of life, and expert fees) for the death of or personal injury, bodily injury and/or damage to any person or damages to any property whatsoever, arising from or caused in whole or in part, directly or indirectly, by the presence prior to Tenant's taking out of possession of the Premises or the release or discharge by Landlord any occurrence in, on, under, upon or about the Premises, the Building, Project occasioned wholly or the Property, of in part by any Hazardous Substances act or Landlord's use, analysis, storage, transportation, disposal, release, threatened release, discharge, or generation of Hazardous Substances to, in, on, under, about, or from the Premises, the Building, or the Property, or Landlord's failure to comply with any Hazardous Substances Law. For purposes of the release and indemnity provisions hereof, any acts or omissions omission of Landlord, or by employees, its agents, assignees, contractors, employees, servants, tenants or subcontractors concessionaires, except to the extent caused by Tenant's negligence or willful misconduct. Landlord shall further indemnify, defend, protect and hold Tenant and Tenant's Indemnitees harmless from and against any and all claims arising from any breach or default in performance of any obligation on Landlord's part to be performed under the terms of this Lease, or arising from any act, neglect, fault or omission of Landlord or others acting for its agents, contractors, employees, servants, tenants or on behalf of Landlord (whether or not they are negligentconcessionaires, intentionaland from and against all costs, willfulattorneys' fees, or unlawful), shall be strictly attributable to Landlord. Tenant acknowledges having received certain environmental reports from Landlord with respect to the Building, the Premises expenses and the Land as prepared by GZA, Inc. and Environmental Solutions; to the best of Landlord's knowledge, except as disclosed in such environmental reports, there exist no Hazardous Substances in, on or under the Premises or the Land. To the best of Landlord's knowledge there are no material inaccuracies in such reports, but Landlord assumes no responsibility for the accuracy, reliability or completeness of such reports and Tenant assumes all risk liabilities incurred in connection with such claim or any action or proceeding brought thereon. In case any action or proceeding shall be brought against Tenant by reason of any such claim, Landlord, upon notice from Tenant, shall defend the review and use thereofsame at Landlord's expense by counsel reasonably approved in writing by Tenant. Landlord represents to Tenant that the reports as delivered to Tenant are complete and true copies of the documents as received by Landlord. Landlord hereby agrees that if any pre-existing asbestos not already disclosed to Tenant is discovered anywhere in the Building, the Premises or the Land, and if the condition of29 52 ARTICLE 13