Common use of Indemnification Waiver and Release Clause in Contracts

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. Except for any injury to persons or damage to property that a. Unless the same is caused by or results from the gross negligence or willful misconduct of Lessorthe Landlord, its employees, or agents, Lessee shall contractors, or those acting on behalf of the Landlord in which case this subparagraph (a) will not apply, Tenant will neither hold nor attempt to hold Landlord or its employees or agents liable for, and Tenant will indemnify and hold Lessorharmless Landlord, Lessor’s wholly owned subsidiaries and the its 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, damage (including consequential damages), liabilities, judgments, judgments and expenses (including including, without limitation reasonable limitation, attorneys’ fees) incurred in connection with or arising from: (a) i. the use or occupancy or manner of use or occupancy of the Premises by Lessee Tenant or any person claiming under Xxxxxx.Tenant; (b) ii. any activity, work, or thing done done, permitted, or permitted suffered by Xxxxxx Tenant in or about the Premises, the BuildingShopping Center, or the projectCommon Areas; iii. any acts, omissions or negligence of Tenant or any person claiming under Tenant, or the contractors, agents, employees, invitees or visitors of Tenant or any such person; iv. any breach, violation or nonperformance by Tenant or any person claiming under Tenant or the employees, agents, or contractors of Tenant of any term, covenant or provision of this Lease or any law, ordinance or governmental requirement of any kind; or If any action or proceeding is brought against Landlord or its employees by reason of any such claim for which Tenant has indemnified Landlord, Tenant, upon Notice from Landlord, will defend the same, at Tenant’s expense, with counsel reasonably satisfactory to Landlord. (c) any breach b. Unless the same is caused by Lessee or the gross negligence of the Landlord, its employees, agents, contractorscontractors or those acting on behalf of the Landlord, in which case this subparagraph (b) will not be applicable, and except for any liability assumed by the Landlord pursuant to this Article 18, Tenant, as a material part of the consideration to Landlord for this Lease waives and releases all claims against Landlord, its employees, agents or invitees contractors with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. c. Except as concerns losses paid by insurance as to which Tenant has waived or is required hereunder to have waived the right of subrogation, Landlord shall indemnify and save Tenant harmless from any liability for damages (dincluding reasonable attorneys’ fees) any injury arising out of the gross negligence or damage to the person, property, or business willful misconduct of LesseeLandlord, its employees, agents, contractors, or invitees entering upon the Premises under the express or implied invitation of Xxxxxx. (e) any alleged violation by Xxxxxx those who are acting on behalf of the ADA and/or any other law, rule, code or regulation. (f) any injury or damage to Landlord. Except if caused by the person, property, or business gross negligence of Lesseethe Landlord, its employees, agents, contractors, or invitees entering those who are acting on behalf of the Landlord, Landlord shall not be responsible to Tenant, nor required to save Tenant harmless from any loss or damage which may be occasioned by or through the acts or omissions of persons occupying portions of the Shopping Center. In addition, unless the loss is caused by the gross negligence of the Landlord, its employees, agents, contractors, or those acting on behalf of the Landlord, Tenant shall not hold or attempt to hold Landlord liable for any injury or damage, either proximate or remote, occurring through or caused by fire, water, or any repairs or alterations to the Premises or otherwise; or liable for any injury or damage occasioned by defective wiring or breakage or stoppage of plumbing or sewage upon the Premises, caused by whether said breakage or stoppage results from freezing, or otherwise. All property kept, stored, or maintained in the occurrence Premises shall be so kept, stored, or maintained at the risk of Tenant only. Neither Tenant nor Landlord shall be liable for consequential damages or special damages under any circumstances under this Lease. All liability of Landlord for damages for breach of any terrorist activity covenant, duty or any act obligation of god. If any action or proceeding is brought against an Indemnified Party by reason Landlord may be satisfied only out of the foregoinginterest of Landlord in the Premises or Property that exists at the time that any liability of Landlord is adjudicated in a proceeding that results in a final, Lesseenon-appealable judgment of liability. Upon any transfer or assignment of the real estate upon which the Premises exists, upon written Landlord shall be fully released from any or all liability to Tenant which occurred on or before the date of the transfer or assignment, hereunder and such assignee shall be substituted as Landlord hereunder, provided notice from is given to Tenant of such Indemnified Party, shall defend the same at Xxxxxx’s expense, with legal counsel reasonably satisfactory to Lessortransfer.

Indemnification Waiver and Release. Except for any injury to persons or damage to property that a. Unless the same is caused by or results from the gross negligence or willful misconduct of Lessorthe Landlord, its employees, or agents, Lessee shall contractors, or those acting on behalf of the Landlord in which case this subparagraph (a) will not apply, Tenant will neither hold nor attempt to hold Landlord or its employees or agents liable for, and Tenant will indemnify and hold Lessorharmless Landlord, Lessor’s wholly owned subsidiaries and the its 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, damage (including consequential damages), liabilities, judgments, judgments and expenses (including including, without limitation reasonable limitation, attorneys’ fees) (Claims) incurred in connection with or arising from: (a) i. the use or occupancy or manner of use or occupancy of the Premises Building and Property by Lessee Tenant or any person claiming under Xxxxxx.Tenant; (b) ii. any activity, work, or thing done done, permitted, or permitted suffered by Xxxxxx Tenant in or about the PremisesBuilding or Property; iii. any acts, the Buildingomissions or negligence of Tenant or any person claiming under Tenant, or the projectcontractors, agents, employees, invitees or visitors of Tenant or any such person; or, iv. any breach, violation or nonperformance by Tenant or any person claiming under Tenant or the employees, agents, or contractors of Tenant of any term, covenant or provision of this Lease or any law, ordinance or governmental requirement of any kind. If any action or proceeding is brought against Landlord or its employees by reason of any such claim for which Tenant has indemnified Landlord, Tenant, upon Notice from Landlord, will defend the same, at Tenant’s expense, with counsel reasonably satisfactory to Landlord. (c) any breach b. Unless the same is caused by Lessee or the negligence of the Landlord, its employees, agents, contractorscontractors or those acting on behalf of the Landlord, in which case this subparagraph (b) will not be applicable, and except for any liability assumed by the Landlord pursuant to this Article 18, Tenant, as a material part of the consideration to Landlord for this Lease waives and releases all claims against Landlord, its employees, agents or invitees contractors with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. c. Except as concerns losses paid by insurance as to which Tenant has waived or is required hereunder to have waived the right of subrogation, Landlord shall indemnify and save Tenant harmless from any liability for damages (dincluding reasonable attorneys’ fees) any injury arising out of the negligence, gross negligence, or damage willful misconduct (as the case may be pursuant to the personterms of this Lease), property, or business of LesseeLandlord, its employees, agents, contractors, or invitees entering upon those who are acting on behalf of the Premises under the express or implied invitation of XxxxxxLandlord. (e) any alleged violation d. Except if caused by Xxxxxx the gross negligence or willful misconduct of the ADA and/or any other law, rule, code or regulation. (f) any injury or damage to the person, property, or business of LesseeLandlord, its employees, agents, contractors, or invitees entering upon those who are acting on behalf of the PremisesLandlord, Landlord shall not be responsible to Tenant, nor required to save Tenant harmless from any loss or damage which may be occasioned by or through the acts or omissions of persons occupying any other portion of the Property. e. In addition, unless the loss is caused by the occurrence gross negligence or willful misconduct of the Landlord, its employees, agents, contractors, or those acting on behalf of the Landlord, Tenant shall not hold or attempt to hold Landlord liable for any injury or damage, either proximate or remote, occurring through or caused by fire, water, or any repairs or alterations to the Building and Property or otherwise; or liable for any injury or damage occasioned by defective wiring or breakage or stoppage of plumbing or sewage upon the Building and Property, whether said breakage or stoppage results from freezing, or otherwise. All property kept, stored, or maintained in the Building and Property shall be so kept, stored, or maintained at the risk of Tenant only. f. Neither Tenant nor Landlord shall be liable for consequential damages or special damages under any circumstances under this Lease. All liability of Landlord for damages for breach of any terrorist activity covenant, duty or any act obligation of god. If any action or proceeding is brought against an Indemnified Party by reason Landlord may be satisfied only out of the foregoinginterest of Landlord in the Building and Property that exists at the time that any liability of Landlord is adjudicated in a proceeding that results in a final, Lesseenon-appealable judgment of liability. Upon any transfer or assignment of the real estate upon which the Building and Property exists, upon written Landlord shall be fully released from any or all liability to Tenant which accrued on or after the date of the transfer or assignment, hereunder and such assignee shall be substituted as Landlord hereunder, provided notice from is given to Tenant of such Indemnified Party, shall defend the same at Xxxxxx’s expense, with legal counsel reasonably satisfactory to Lessortransfer.

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, and subject to the provisions of paragraph 58, above, 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 Lessee 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. Except for any injury to persons or damage to property that is caused (a) Indemnification by or results from the gross negligence or willful misconduct of LessorTenant. Tenant will indemnify Landlord, its employees, or agents, Lessee shall indemnify and employees against, and hold LessorLandlord, Lessor’s wholly owned subsidiaries its agents, and the employees and agents of Lessor and Lessor’s wholly owned subsidiariesharmless from, 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 (including consequential damages), losses, liabilities, judgments, and expenses (including without limitation reasonable attorneys’ fees' fees and court costs) incurred in connection with or arising from: (a1) the use or occupancy or manner of use or occupancy of the Premises by Lessee Tenant or any person claiming under Xxxxxx.Tenant; (b2) any activity, work, or thing done or permitted or suffered by Xxxxxx Tenant in or about the Premises; (3) any acts, the Buildingomissions, or negligence of Tenant, any person claiming under Tenant, or the project. (c) any breach by Lessee or its employees, agents, contractors, invitees, or invitees visitors of Tenant or any person while such persons are in or about the Premises; (4) any breach, violation, or nonperformance by Tenant, any person claiming under Tenant, or the employees, agents, contractors, invitees, or visitors of Tenant, or any person of any term, covenant, or provision of this Lease.Lease or any law, ordinance, or governmental requirement of any kind; or (d5) except for loss of use of all or any portion of the Premises or Tenant's property located within the Premises that is proximately caused by or results proximately from the negligence of Landlord, any injury or damage to the person, property, or business of Lessee, Tenant or its employees, agents, contractors, invitees, visitors, or invitees any other person entering upon the Premises under the express or implied invitation of XxxxxxTenant. (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.