Common use of Indemnity and Exculpation Clause in Contracts

Indemnity and Exculpation. As a material part of the consideration for this Lease, Tenant hereby agrees that Landlord, Landlord’s agents, employees and property manager, and any lender holding a mortgage or deed of trust covering the Premises shall not be liable to Tenant or any other party for any damage to Tenant or damage, theft or vandalism to Tenant’s property, or the property of Tenant’s employees, agents, independent contractors and/or invitees, and Tenant agrees to indemnify, defend and hold Landlord and its lender harmless from and against any claims pertaining thereto. Tenant further agrees to indemnify Landlord, Landlord’s agents, employees and property manager, and any such lender and defend and hold them harmless from and against all claims, damages, liabilities, causes of action, costs, and expenses (including attorneys’ fees) arising out of any injury to person or damage to property occurring in, on, or about the Premises from any cause whatsoever following Landlord’s delivery of exclusive possession of the Premises to Tenant, and regardless of any claimed negligence on the part of Landlord, its agents, employees or property manager, provided, however, that Tenant’s indemnify obligations set forth herein will not extend to any such claims, damages, liabilities, causes of action, costs or expenses arising out of the gross negligence or willful misconduct of Landlord, its agents, employees or property manager. Tenant’s obligation under this paragraph to indemnify, defend and hold Landlord, its agents, employees and property manager and any such lender harmless shall not be limited to the amount of available insurance proceeds, but rather shall extend to the full amount of the claim.

Indemnity and Exculpation. As a material part of the consideration for this Lease, Tenant hereby agrees that Landlord, Landlord’s members, agents, employees and property manager, and any lender holding a mortgage or deed of trust covering the Premises shall not be liable to Tenant or any other party for any damage to Tenant or damage, theft or vandalism to Tenant’s property, or the property of Tenant’s employees, agents, independent contractors and/or invitees, and Tenant agrees to indemnify, defend and hold Landlord and its lender harmless from and against any claims pertaining thereto. Tenant further agrees to indemnify Landlord, Landlord’s members, agents, employees and property manager, and any such lender and defend and hold them harmless from and against all claims, damages, liabilities, causes of action, costs, and expenses (including attorneys’ fees) arising out of any injury to person or damage to property occurring in, on, or about the Premises from any cause whatsoever following Landlord’s delivery of exclusive possession of the Premises to Tenant, and regardless of any claimed negligence on the part of Landlord, its agents, employees or property manager, provided, however, that Tenant’s indemnify obligations set forth herein will not extend to any such claims, damages, liabilities, causes of action, costs or expenses arising out of the gross negligence or willful misconduct of Landlord, its agents, employees or property manager. Tenant’s obligation under this paragraph to indemnify, defend and hold Landlord, its agents, employees and property manager and any such lender harmless shall not be limited to the amount of available insurance proceeds, but rather shall extend to the full amount of the claim.

Indemnity and Exculpation. As (a) Tenant shall indemnify, defend, protect and hold harmless Landlord and its officers, directors, employees, members, partners, owners, or other affiliates (collectively, “Affiliates”) against and from all claims, damages and liabilities, arising from Tenant’s use of the Premises or the conduct of Tenant’s business or from any activity, work, or other thing done, permitted or suffered by Tenant in or about the Project, and shall further indemnify and hold harmless Landlord and the Affiliates against and from any and all claims, damages and liabilities, directly arising from any act or negligence of Tenant, and from all and against all costs, attorneys’ fees, expenses, and liabilities reasonably incurred by Landlord in defending itself or its Affiliates against any such claim or any action or proceeding brought thereon, and, in any case, action, or proceeding brought against Landlord or its Affiliates by reason of any such claim; provided that Tenant shall have the right to choose and engage legal counsel to defend Landlord and its Affiliates, subject to Landlord’s reasonable approval of counsel chosen by Tenant, and to reasonably control the prosecution of such defense and all settlement negotiations and agreements. Tenant, as a material part of the consideration for to Landlord under this Lease, Tenant hereby agrees that Landlord, Landlord’s agents, employees and property manager, and any lender holding a mortgage or deed assumes all risk of trust covering the Premises shall not be liable to Tenant or any other party for any damage to Tenant or damage, theft or vandalism to Tenant’s property, or the property of Tenant’s employees, agents, independent contractors and/or invitees, and Tenant agrees to indemnify, defend and hold Landlord and its lender harmless from and against any claims pertaining thereto. Tenant further agrees to indemnify Landlord, Landlord’s agents, employees and property manager, and any such lender and defend and hold them harmless from and against all claims, damages, liabilities, causes of action, costs, and expenses (including attorneys’ fees) arising out of any injury to person or damage to property occurring or injury to persons in, on, upon or about the Premises Premises, except that Tenant shall not assume any risk for damage resulting from any cause whatsoever following Landlord’s delivery of exclusive possession of the Premises to Tenant, and regardless of any claimed negligence on the part of Landlord, its agents, employees or property manager, provided, however, that Tenant’s indemnify obligations set forth herein will not extend to any such claims, damages, liabilities, causes of action, costs or expenses arising out of the gross negligence or willful misconduct of Landlord, its agents, employees or property manager. Tenant’s obligation under this paragraph to indemnify, defend and hold Landlord, its agents, employees and property manager and any such lender harmless shall not be limited to the amount of available insurance proceeds, but rather shall extend to the full amount of the claim.

Indemnity and Exculpation. As a material part of the consideration for this Lease, Tenant hereby agrees that Landlord, Landlord’s agents, employees and property manager, Landlord and any lender holding a mortgage or deed of trust covering the Premises shall will not be liable to Tenant or any other party for any damage to Tenant or damage, theft or vandalism to Tenant’s property, and Tenant waives all claims against such persons for damage to property from any cause whosoever, except for claims of willful misconduct. Tenant further agrees that, except to the extent arising from the willful misconduct or the property negligent acts of TenantLandlord or Landlord’s agents or employees, agents, independent contractors and/or invitees, and Tenant agrees to will indemnify, defend defend, and hold Landlord and its lender harmless from and against any claims pertaining thereto. Tenant further agrees to indemnify Landlord, Landlord’s agents, employees and property manager, and any such lender and defend and hold them harmless from and against all claims, damagesdemands, liabilities, causes damages, judgments, orders, decrees, actions, proceedings, fines, penalties, costs and expenses, including without limitation, court costs and attorney’s fees arising from or relating to any loss of actionlife, costsdamage or injury to person, and expenses property or business occurring in or about the Premises, or caused by any act, omission, violation of this Lease or use of the Premises or the Building (including attorneys’ feestelephone or utility closets or control panels) by Tenant, any other occupant of the Premises, or any of their respective agents, employees, contractors or guests. Without limiting the generality of the foregoing, Tenant specifically acknowledges that this indemnity will apply to claims in connection with or arising out of any injury alterations or improvements to person or damage to property occurring in, on, or about the Premises and the transportation, use, storage, maintenance, generation, manufacturing, handling, disposal, release or discharge of any hazardous materials, except to the extent that the same arises from any cause whatsoever following the intentional or negligent acts of Landlord or Landlord’s delivery of exclusive possession of the Premises to Tenant, and regardless of any claimed negligence on the part of Landlord, its agents, employees agents or property manager, provided, however, that Tenant’s indemnify obligations set forth herein will not extend to any such claims, damages, liabilities, causes of action, costs or expenses arising out of the gross negligence or willful misconduct of Landlord, its agents, employees or property manager. Tenant’s obligation under this paragraph to indemnify, defend and hold Landlord, its agents, employees and property manager and any such lender harmless shall not be limited to the amount of available insurance proceeds, but rather shall extend to the full amount of the claimemployees.

Indemnity and Exculpation. As a material part of the consideration for this Lease, Tenant hereby agrees that Landlord, Landlord’s agents, employees and property manager, Landlord and any lender holding a mortgage or deed of trust covering the Premises shall not be liable to Tenant or any other party for any damage to Tenant or damage, theft or vandalism to Tenant’s property, or the property of Tenant’s employees, agents, independent contractors and/or invitees, and Tenant agrees to indemnify, defend and hold Landlord and its lender harmless from and against any claims pertaining thereto. Unless attributable to Landlord’s gross negligence or intentional misconduct, Tenant further agrees to indemnify Landlord, Landlord’s agents, employees and property manager, Landlord and any such lender and defend and hold them harmless from and against all claims, damages, liabilities, causes of action, costs, and expenses (including attorneys’ fees) arising out of any injury to person or damage to property occurring in, on, or about the Premises Premises, or the Building if arising due to the negligence or intentional misconduct of Tenant or its employees, agents, independent contractors and/or invitees, from any cause whatsoever following Landlord’s delivery of exclusive possession of the Premises to Tenant, and regardless of any claimed negligence on the part of Landlord, its agents, employees or property manager, provided, however, that Tenant’s indemnify obligations set forth herein will not extend to any such claims, damages, liabilities, causes of action, costs or expenses arising out of the gross negligence or willful misconduct of Landlord, its agents, employees or property managerwhatsoever. Tenant’s obligation under this paragraph to indemnify, defend and hold Landlord, its agents, employees and property manager Landlord and any such lender harmless shall not be limited to the amount of available insurance proceeds, but rather shall extend to the full amount of the claim.

Indemnity and Exculpation. As a material part of the consideration for this Lease, Tenant hereby agrees that Landlord, Landlord’s agents, employees and property manager, Landlord and any lender holding a mortgage or deed of trust covering the Premises shall will not be liable to Tenant or any other party for any damage to Tenant or damage, theft or vandalism to Tenant’s 's property, or the property of Tenant’s employees, agents, independent contractors and/or invitees, and Tenant waives all claims against such persons for damage to property from any cause whatsoever. Tenant further agrees that, except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Tenant will indemnify, defend defend, and hold Landlord and its lender harmless from and against any claims pertaining thereto. Tenant further agrees to indemnify Landlord, Landlord’s agents, employees and property manager, and any such lender and defend and hold them harmless from and against all claims, damagesdemands, liabilities, causes damages, judgments, orders, decrees, actions, proceedings, fines, penalties, costs and expenses, including without limitation, court costs and attorneys' fees arising from or relating to any loss of actionlife, costsdamage or injury to person, and expenses (including attorneys’ fees) property or business occurring in or from the Premises, or caused by or in connection with any violation of this Lease or the use of the Premises or the Building by, or any other act or omission of, Tenant, any other occupant of the Premises, or any of their respective agents, employees, contractors or guests. Without limiting the generality of the foregoing, Tenant specifically acknowledges that this indemnity will apply to claims in connection with or arising out of any injury alterations or improvements to person or damage to property occurring in, on, or about the Premises from and the transportation, use, storage, maintenance, generation, manufacturing, handling, disposal, release or discharge of any cause whatsoever following Landlord’s delivery of exclusive possession hazardous materials, except to the extent that any of the Premises to Tenant, and regardless same arises from the intentional or negligent acts of any claimed negligence on the part of Landlord or Landlord, its agents, employees 's agents or property manager, provided, however, that Tenant’s indemnify obligations set forth herein will not extend to any such claims, damages, liabilities, causes of action, costs or expenses arising out of the gross negligence or willful misconduct of Landlord, its agents, employees or property manager. Tenant’s obligation under this paragraph to indemnify, defend and hold Landlord, its agents, employees and property manager and any such lender harmless shall not be limited to the amount of available insurance proceeds, but rather shall extend to the full amount of the claimemployees.

Indemnity and Exculpation. As a material part of the consideration for this Lease, Tenant Txxxxx hereby agrees that Landlord, Landlord’s agents, employees and property manager, Landlord and any lender holding a mortgage or deed of trust covering the Premises shall will not be liable to Tenant or any other party for any damage to Tenant or damage, theft or vandalism to Tenant’s 's property, or the property of Tenant’s employees, agents, independent contractors and/or invitees, and Tenant waives all claims against such persons for damage to property from any cause whatsoever. Tenant further agrees that, except to the extent arising from the intentional or negligent acts of Landlord or Landlord's agents or employees, Txxxxx will indemnify, defend defend, and hold Landlord and its lender harmless from and against any claims pertaining thereto. Tenant further agrees to indemnify Landlord, Landlord’s agents, employees and property manager, and any such lender and defend and hold them harmless from and against all claims, damagesdemands, liabilities, causes damages, judgments, orders, decrees, actions, proceedings, fines, penalties, costs and expenses, including without limitation, court costs and attorney's fees arising from or relating to any loss of actionlife, costsdamage or injury to person, and expenses property or business occurring in or about the Premises, or caused by any act, omission, violation of this Lease or use of the Premises or the Building (including attorneys’ feestelephone or utility closets or control panels) by Txxxxx, any other occupant of the Premises, or any of their respective agents, employees, contractors or guests. Without limiting the generality of the foregoing, Tenant specifically acknowledges that this indemnity will apply to claims in connection with or arising out of any injury alterations or improvements to person or damage to property occurring in, on, or about the Premises from and the transportation, use, storage, maintenance, generation, manufacturing, handling, disposal, release or discharge of any cause whatsoever following Landlord’s delivery of exclusive possession hazardous materials, except to the extent that any of the Premises to Tenant, and regardless same arises from the intentional or negligent acts of any claimed negligence on the part of Landlord or Landlord, its agents, employees 's agents or property manager, provided, however, that Tenant’s indemnify obligations set forth herein will not extend to any such claims, damages, liabilities, causes of action, costs or expenses arising out of the gross negligence or willful misconduct of Landlord, its agents, employees or property manager. Tenant’s obligation under this paragraph to indemnify, defend and hold Landlord, its agents, employees and property manager and any such lender harmless shall not be limited to the amount of available insurance proceeds, but rather shall extend to the full amount of the claimemployees.