Indemnification Waiver and Release. Except for any injury to persons or damage to property that is caused by or results from the gross negligence or willful misconduct of Lessor, its employees, or agents, Lessee shall indemnify and hold Lessor, Lessor’s wholly owned subsidiaries and the employees and agents of Lessor and Lessor’s wholly owned subsidiaries, including without limitation Lessor’s property manager (hereinafter collectively referred to as the “Indemnified Parties” and individually as an “Indemnified Party”) harmless from and against any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, and expenses (including without limitation reasonable attorneys’ fees) incurred in connection with or arising from:
(a) the use or occupancy or manner of use or occupancy of the Premises by Lessee or any person claiming under Xxxxxx.
(b) any activity, work, or thing done or permitted by Xxxxxx in or about the Premises, the Building, or the project.
(c) any breach by Lessee or its employees, agents, contractors, or invitees of this Lease.
(d) any injury or damage to the person, property, or business of Lessee, its employees, agents, contractors, or invitees entering upon the Premises under the express or implied invitation of Xxxxxx.
(e) any alleged violation by Xxxxxx of the ADA and/or any other law, rule, code or regulation.
(f) any injury or damage to the person, property, or business of Lessee, its employees, agents, contractors, or invitees entering upon the Premises, caused by the occurrence of any terrorist activity or any act of god. If any action or proceeding is brought against an Indemnified Party by reason of the foregoing, Lessee, upon written notice from such Indemnified Party, shall defend the same at Xxxxxx’s expense, with legal counsel reasonably satisfactory to Lessor.
Indemnification Waiver and Release. The Company agrees to indemnify, defend and hold harmless ASME, the Exhibition venue, and their respective members, officers, directors, agents, and employees (together, the “Indemnities”) from and against any and all liabilities, damages, actions, costs, losses, claims, and expenses (inclusive of attorney fees) arising out of or resulting, in whole, or in part, from any act, omission, negligence, fault or violation of law or ordinance by the Company or its employees, agents, contractors, patrons, and invitees. The Company hereby waives each claim that arises or may arise in its favor against any one or more of the Indemnities for any and all losses or damage covered by insurance. The Company hereby releases each of ASME, the Exhibition venue and their respective officers, directors, members, employees and agents from any and all liabilities, damages, actions, costs, losses, claims and expenses (inclusive of attorneys' fees) arising out of or resulting, in whole, or in part, from any act, omission, negligence, fault or violation of law by ASME, the Exhibition venue or such other persons.
Indemnification Waiver and Release. Tenant hereby agrees to indemnify, defend and hold Landlord and Landlord's agents, employees, partners, officers, directors, affiliates, attorneys, and successors in interest (collectively, the "Landlord Group") and Landlord hereby agrees to indemnify, defend and hold Tenant and Tenant's agents, employees, partners, officers, directors, affiliates, attorneys, directors, affiliates, attorneys and successors in interest (collectively, the "Tenant Group") harmless from and against (a) any and all claims, demands, suits, fines, losses, expenses and liabilities (collectively, a "Claims") for or relating to injury or loss of life to persons or damage to or loss of property or other damages of any kind arising from the other party's use of the Building or the Premises, or from the conduct of the indemnifying party's business, or from any work done, permitted or suffered by the indemnifying party in or about the Premises or elsewhere, or from any negligence or intentional conduct of the indemnifying party or indemnifying party's agents, employees, contractors, licensees, invitees, representatives or successors in interest; (b) any and all Claims arising from any breach or default in the performance of any obligation on indemnifying party's part to be performed under the terms of this Lease; and (c) all reasonable out of pocket costs, attorneys' and other professional fees, expenses and liabilities incurred by any member of the indemnified party and paid to unaffiliated third parties in or in connection with any such Claim. If any action or proceeding is brought against the indemnified party by reason of any such Claim, the indemnifying party, upon notice from the indemnified party, shall defend such action or proceeding at its cost and expense by counsel approved by the other party, such approval not to be unreasonably withheld. Both Landlord's and Tenant's obligations under this Article 20 shall survive the expiration or termination of this Lease as to any matters arising prior to such expiration or termination or prior to Tenant's vacation of the Premises.
Indemnification Waiver and Release. 16 12. Insurance.................................... 16 13.
Indemnification Waiver and Release. 16 (a) Indemnification ...................................................16 (b) Waiver and Release ................................................17
Indemnification Waiver and Release. 16.3.1 Lessor does hereby agree to indemnify, defend and save harmless Lessee, its directors, officers, employees, shareholders, successors and assigns from all losses, costs, damages and expenses, fines, penalties, and attorneys' and litigation fees resulting from any claim, demand, liability, obligation, right or cause of action, including but not limited to governmental action, (collectively, "Claims"), that are asserted against Lessee or the Premises as a result of Lessor's breach of any representation, warranty, or covenant hereof; or arising out of the operations or activities or presence of Lessor or any other tenant or any agent, representative of Lessor or such other tenant at the Premises; or arising from environmental conditions or violations at the Premises, including without limitation the presence of Hazardous Substances at, on, in, to, from or under the Premises or the discharge or Release of Hazardous Substances from the Premises; provided, however, that Lessor shall not be obligated to indemnify Lessee under this paragraph if Lessor demonstrates that the Claim was based on the actions or operations of Lessee or its agents, representatives or employees at the Premises.
16.3.2 Lessor hereby waives and releases Lessee from any and all Claims, known and unknown, foreseen or unforeseen, which exist or which may arise under common or statutory law, including CERCLA or any other statutes now or hereafter in effect, other than claims based on Lessee Environmental Conditions (as defined below).
16.3.3 Lessee does hereby agree to indemnify, defend and save harmless Lessor from all Claims that are asserted against Lessor or the Premises as a result of Lessee's breach of any representation, warranty or covenant hereof; or arising out of the operations or activities of the Lessee at the Premises; or arising from environmental conditions or violations at the Premises including without limitation the presence of Hazardous Substances at, to, in, from or, or under the Premises providing that Lessor demonstrates that such environmental condition, or violation was based on events or conditions first occurring during the Lease Term and only to the extent based on the activities or operations of Lessee at the Premises ("Lessee Environmental Conditions").
16.3.4 Lessee hereby waives and releases Lessor from any and all Claims, known and unknown, foreseen or unforeseen, which exist or which may arise under common or statutory law, including CERCLA or any other s...
Indemnification Waiver and Release. In addition to, and not in limitation of, anything herein or hereafter provided in this Agreement, User shall indemnify, hold harmless, and defend the Village, its officials (elected and appointed), employees, agents, representatives, attorneys, insurers, successors, and assigns (hereinafter collectively referred to as the “Indemnified Parties” and individually as an “Indemnified Party”) harmless from and against, and shall release and waive any Indemnified Party and their agents and employees for, from and against any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, allegations and expenses (including, without limitation, reasonable attorneys’ fees) related to, or arising from:
(A) the use of the Facility by User or by any person or entity acting on behalf or, together with, or at the direction of User;
(B) the use of the Facility by any participant, spectator, invitee, or any other individual or entity on the Facility because of, or related to, User’s use of the Facility under this Agreement;
(C) any activity, work, or thing done or permitted by User on or about the Facility. If any action or proceeding is brought against an Indemnified Party by reason of any of the foregoing (1) through (3), User, upon written notice from such Indemnified Party, shall defend the same at User’s expense, with counsel selected by the Village.
Indemnification Waiver and Release. 15 21.01 INDEMNIFICATION................................................15 21.02
Indemnification Waiver and Release. In addition to, and not in limitation of, anything herein or hereafter provided in this Agreement, Grantee shall indemnify, hold harmless, and defend the Village, its officials (elected and appointed), employees, agents, representatives, attorneys, insurers, successors and assigns (hereinafter collectively referred to as the “Indemnified Parties” and individually as an “Indemnified Party”) from and against, and also shall release and waive any Indemnified Party from and against, any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, costs, and expenses (including, without limitation, reasonable attorney’s fees) related to, or arising from:
(A) the use of the Pavilion by Grantee or by any person or entity acting on behalf or, together with, or at the direction of Grantee;
(B) the use of the Pavilion by any participant, spectator, invitee, or any other individual or entity on or about the Pavilion because of, or related to, the use of the Pavilion under this Agreement;
(C) any activity, work, or thing done or permitted by Grantee on or about the Pavilion. If any action or proceeding is brought against an Indemnified Party by reason of any of the foregoing (A) though (C), Grantee, upon written notice from such Indemnified Party, shall defend the same at Grantee’s sole expense, with counsel selected only by the Village.
Indemnification Waiver and Release. 8.01. Subtenant hereby agrees to indemnify, defend and hold harmless Sublessor and its officers, directors, agents and employees against any claims or liabilities for damage to person or property (or for loss or misappropriation of property) occurring in or about the Premises and against any damages, losses, costs or expenses suffered by Sublessor arising from any breach or default on the part of Subtenant under this Agreement or the Master Lease or from any act or omission of Subtenant or any employee, agent, invitee or contractor of Subtenant and form any costs relating (including, without limitation, reasonable attorneys fees).
8.02. Sublessor hereby agrees to indemnify, defend and hold harmless Subtenant and its officers, directors, agents and employees against any claims or liabilities for damage to person or property (or for loss or misappropriation of property) occurring in or about the Premises and against any damages, losses, costs or expenses suffered by Subtenant arising from any breach or default on the part of Sublessor under this Agreement or the Master Lease or from any act or omission of Sublessor or any employee, agent, invitee or contractor of Sublessor and from any costs relating thereto (including, without limitation, reasonable attorneys fees).
8.03. The indemnification rights of the parties under this Section 8 are independent of and in addition to all other rights and remedies each party may have at law, in equity or otherwise.
