Common use of INDEMNITY AND LIABILITY INSURANCE Clause in Contracts

INDEMNITY AND LIABILITY INSURANCE. This Lease is made upon the express condition that Lessor is to be free from all liability and claims for damages by reason of any injury to any person or persons, including Lessee, all property of any kind whatsoever and to whomsoever belonging, including Lessee, from any cause or causes whatsoever, except for negligence or wilful acts by Landlord or its agents or employees, while in, upon, about, or in any way connected with the said demised premises or the sidewalk adjacent thereto during the term of this Lease or any extension thereof or any occupancy hereunder, Lessee hereby covenanting and agreeing to indemnify and save harmless Lessor from all liability, loss, cost, and obligation on account of or arising out of any such injury or loss however occurring, including, but not by way of limitation, reasonable attorney's fees. Lessee further agrees to take out and keep in force during the life hereof at Lessee's expense, public liability insurance against any liability to the public incident to the use of or resulting from any accident occurring in or about said demised premises, the liability under such insurance to be not less than Two Hundred Thousand Dollars ($200,000.00) for any one person injured, or Five Hundred Thousand ($500,000.00) for any one accident, or One Hundred Thousand Dollars ($100,000.00) for property damage. There policies shall insure the contingent liability of Lessor and Lessor shall be named as co-insured in such policies. Respecting the insurance coverage required both by this paragraph and by paragraph 17 above, a certificate of insurance shall be placed with Lessor, and Lessee agrees to obtain a written obligation on the part of the insurance carriers to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof, and Lessee further agrees that if Lessee does not keep such insurance in full force and effect, Lessor may take out the necessary insurance and pay the premium and the repayment thereof, with interest at the rate of eight percent (8%) per year, shall be deemed to be part of the rental and repaid at the time that the next installment of rent becomes due.

INDEMNITY AND LIABILITY INSURANCE. This Lease is made upon Section 14.1. The Tenant agrees to indemnify, defend with counsel acceptable to Landlord, and save harmless the express condition that Lessor is to be free Landlord from and against all liability claims of whatever nature, including without limitation any violation of law and claims for damages by reason any breach of the Tenant’s covenants or obligations set forth in this lease, arising from any injury act, omission or negligence of the Tenant, or the Tenant’s contractors, licensees, agents, servants, or employees, or arising from any accident, injury, or damage whatsoever caused to any person person, or persons, including Lessee, all to the property of any kind whatsoever person occurring from and to whomsoever belonging, including Lessee, from any cause or causes whatsoever, except for negligence or wilful acts by Landlord or its agents or employees, while in, upon, about, or in any way connected with after the said date that possession of the demised premises or is delivered to the sidewalk adjacent thereto during Tenant and until the end of the term of this Lease or any extension thereof or any occupancy hereunder, Lessee hereby covenanting and agreeing to indemnify and save harmless Lessor from all liability, loss, cost, and obligation on account of or arising out of any such injury or loss however occurring, including, but not by way of limitation, reasonable attorney's fees. Lessee further agrees to take out and keep in force during the life hereof at Lessee's expense, public liability insurance against any liability to the public incident to the use of or resulting from any accident occurring in or about said the Tenant’s demised premises, the liability under such insurance to be not less than Two Hundred Thousand Dollars ($200,000.00) for or arising from any one person injured, or Five Hundred Thousand ($500,000.00) for any one accident, injury or One Hundred Thousand Dollars ($100,000.00) for property damage. There policies shall insure damage occurring outside of the contingent liability of Lessor and Lessor shall be named as co-insured in demised premises but within the Shopping Center, where such policies. Respecting the insurance coverage required both by this paragraph and by paragraph 17 aboveaccident, a certificate of insurance shall be placed with Lessor, and Lessee agrees damage or injury results or is claimed to obtain a written obligation have resulted from an act or omission on the part of the Tenant or the Tenant’s agents or employees and/or from the bursting, stopping or leaking of water, gas, sprinkler, sewer or steam pipes which are the responsibility of the Tenant to maintain or repair under the provisions of ARTICLE XIII hereof. This indemnity and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof. Section 14.2. Tenant agrees to maintain in full force, with respect to all occurrences from and after the date that possession of the demised premises is delivered to Tenant and until the end of the term hereof, a broad form policy of commercial general liability insurance carriers (or the then successor equivalent from time to notify Lessor time), without any so-called employee exclusion or the like, and otherwise in writing at least the broadest and most comprehensive commercial form then generally available from time to time, under which the Landlord (and such other persons as are in privity of estate with the Landlord as may be set out in notice from time to time) is named additional insured (on a primary basis) and the Tenant is named primary insured, and under which the insurer agrees to indemnify and hold the Landlord and those in privity of estate with the Landlord harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries, and damages mentioned in Section 14.1 of this ARTICLE XIV. Without limitation, if any beer, wine or other alcoholic beverages are to be sold, served or dispensed (but none of the same shall be sold, served or dispensed unless expressly permitted by the terms of this lease), or if otherwise appropriate, such insurance also shall include (by endorsement or separate policy) the broadest so-called dram shop or innkeeper’s liability insurance from time to time available. Each such policy shall be written by a reputable and financially sound (i.e., having an AVII or better financial rating from A.M. Best’s Insurance Rating Service, or its then successor equivalent from time to time), duly licensed and admitted insurance company and non-cancelable with respect to the Landlord and the Landlord’s said designees without thirty (30) days days’ prior written notice to the Landlord, and a duplicate original or certificate thereof shall be delivered to the Landlord. The minimum limits of liability per occurrence in or about the Shopping Center of such insurance shall be $5,000,000.00 combined single limit, or such higher limits as Landlord may from time to time request, provided such higher limits are then customarily carried by national retail tenants of first-class regional shopping centers. Section 14.3. The Tenant agrees to use and occupy the demised premises and to use such other portions of the Shopping Center as it is herein given the right to use at its own risk; and that the Landlord shall have no responsibility or liability for any loss of or damage to the Tenant’s leasehold improvements or to fixtures or other personal property of the Tenant or those claiming by, through or under the Tenant. The provisions of this Section shall apply during the whole of the term hereof, and in view of the permission given to the Tenant to install fixtures and do certain work prior to any cancellation thereofthe commencement of the term hereof, and Lessee further shall also apply at all times prior to the commencement of the term hereof. Section 14.4. The Tenant agrees that if Lessee does the Landlord shall not keep such insurance in full force and effectbe responsible or liable to the Tenant, Lessor or to those claiming by, through or under the Tenant, for any loss or damage that may take out be occasioned by or through the necessary insurance and pay the premium and the repayment thereof, with interest at the rate acts or omissions of eight percent (8%) per year, shall be deemed to be persons occupying adjoining premises or any part of the rental premises adjacent to or connecting with the demised premises or any of the buildings on the Shopping Center, or otherwise, or for any loss or damage resulting to the Tenant or those claiming by, through or under the Tenant, or its or their property, from the bursting, stopping or leaking of water, gas, sprinkler, sewer or steam pipes. Section 14.5. Subject only to the provisions of the foregoing Section 14.3 with respect to loss of or damage to property of Tenant and repaid at those claiming by, through or under Tenant and the time that mutual waiver and non-subrogation provisions of Section 16.2 below with respect to items covered by property insurance, nothing contained in the next installment foregoing provisions of rent becomes duethis ARTICLE XIV or elsewhere in this lease shall be construed as indemnifying Landlord against, or releasing Landlord from, liability for bodily injury or property damage arising from the negligent or willful act or omission of Landlord, its agents and employees (and not of Tenant, its agents or employees).

INDEMNITY AND LIABILITY INSURANCE. This Lease is made upon the express condition that a. Lessor is shall not be liable to be free from all liability and claims Lessee or to Lessee's employees, agents, or visitors or to any other person whomsoever, for damages by reason of any injury to any person or persons, including damage to property on or about the Demised Premises or the Common Area caused by the negligence or misconduct of Lessee, all property its employees, subtenants, licensees or concessionaires, or of any kind whatsoever and to whomsoever belonging, including other person entering the Center under express or implied invitation of Lessee, or arising out of the use of the Demised Premises by Lessee and the conduct of its business therein, or arising out of any breach or default by Lessee in the performance of its obligations hereunder; and Lessee hereby agrees to indemnify Lessor and hold Lessor harmless from any cause loss, expense or causes whatsoever, except for negligence claims arising out of such damage or wilful acts by Landlord or its agents or employees, while in, upon, about, or in any way connected with the said demised premises or the sidewalk adjacent thereto during injury. Lessee shall procure and maintain throughout the term of this Lease a policy or any extension thereof policies of commercial general liability insurance, at its sole cost and expense, insuring both Lessor and Lessee against all claims, demands or any occupancy hereunder, Lessee hereby covenanting and agreeing to indemnify and save harmless Lessor from all liability, loss, cost, and obligation on account of or actions arising out of any such injury or loss however occurring, including, but not by way of limitation, reasonable attorney's fees. Lessee further agrees to take out and keep in force during the life hereof at connection with Lessee's expenseuse or occupancy of the Demised Premises, public liability insurance against any liability to or by the public incident to condition of the use of or resulting from any accident occurring in or about said demised premisesDemised Premises, the liability under limits of such insurance policy or policies to be in an amount not less than Two Hundred Fifty Thousand Dollars and No/100 ($200,000.00250,000.00) for Dollars in respect of personal injuries, bodily injury to or death of any one person injuredperson, or and in an amount not less than Five Hundred Thousand and No/100 ($500,000.00) for Dollars in respect of any one accidentaccident or disaster, or and in an amount not less than One Hundred Thousand Dollars and No/100 ($100,000.00) for Dollars in respect of property damage. There policies shall insure the contingent liability of Lessor and Lessor shall be named as co-insured in such policies. Respecting the insurance coverage required both by this paragraph and by paragraph 17 above, a certificate of insurance shall be placed with Lessordamaged or destroyed, and to be written by insurance companies satisfactory to Lessor. Lessee agrees to shall obtain a written obligation on the part of the each insurance carriers company to notify Lessor in writing at least ten (10) days prior to cancellation of such insurance. Such policies or duly executed certificates of insurance shall be promptly delivered to Lessor and renewals thereof as required shall be delivered to Lessor at least thirty (30) days prior to any cancellation thereof, and the expiration of the respective policy terms. If Lessee further agrees that if Lessee does not keep such insurance in full force and effectshould fail to comply with the foregoing requirements relating to insurance, Lessor may take out the necessary obtain such insurance and Lessee shall pay to Lessor on demand as additional rent hereunder the premium and the repayment thereof, with cost thereof plus interest at the maximum contractual rate of eight (but in no event to exceed one and one-half percent (81 1/2%) per year, shall be deemed to be part month) from the date of the rental and payment by Lessor until repaid at the time that the next installment of rent becomes dueby Lessee.

INDEMNITY AND LIABILITY INSURANCE. This Lease is made upon the express condition that Lessor is Tenant covenants and agrees to be free indemnify and save harmless Landlord against and from any and all liability and claims for damages by reason or on behalf of any injury to any person or persons, including Lesseeorganization, all property of any kind whatsoever and to whomsoever belongingfirm or corporation, including Lessee, from any cause or causes whatsoever, except for negligence or wilful acts by Landlord or its agents or employees, while in, upon, about, or in any way connected with the said demised premises or the sidewalk adjacent thereto during the term of this Lease or any extension thereof or any occupancy hereunder, Lessee hereby covenanting and agreeing to indemnify and save harmless Lessor from all liability, loss, cost, and obligation on account of or arising out of acts or negligence of Tenant, his employees, agents, licensees or invitees in or about the demised premises and common areas. In confirmation thereof, Tenant agrees that he will, at all times during the original term and any such injury extension or loss however occurringrenewal thereof, includingat his own expense, but not by way of limitation, reasonable attorney's fees. Lessee further agrees to take out carry and keep in full force during the life hereof at Lessee's expense, and effect public liability insurance against any liability in good and responsible companies authorized to the public incident to the use do business in such jurisdiction with limits of or resulting from any accident occurring in or about said demised premises, the liability under such insurance to be not less than Two Hundred Thousand at least FIVE HUNDRED THOUSAND Dollars ($200,000.00500,000) for injury, including death, to any one person injuredperson, or Five Hundred Thousand ($500,000.00) for any one accident, or One Hundred Thousand and at least ONE MILLION Dollars ($100,000.001,000,000) for injury, including death, in any one casualty, (provided, however, if Tenant's carrier no longer writes multiple limits then Tenant shall provide at least FIVE HUNDRED THOUSAND Dollars ($500,000) single limit bodily injury, including death, coverage) and with property damagedamage of at least ONE HUNDRED THOUSAND Dollars ($100,000). There Such policies shall insure name Landlord and Tenant as parties insured, and shall contain a provision that the contingent liability of Lessor and Lessor same may not be cancelled without giving Landlord at least ten (10) days prior written notice. Each such policy, or a certificate showing the same to be in effect, shall be named as co-insured in such policies. Respecting delivered to Landlord at the insurance coverage required both by this paragraph commencement of the term, and by paragraph 17 above, a certificate of insurance renewals thereof shall be placed with Lessor, and Lessee agrees delivered to obtain a written obligation on Landlord throughout the part of the insurance carriers to notify Lessor in writing entire tenancy at least thirty ten (3010) days prior to the expiration of any cancellation thereof, and Lessee further agrees that if Lessee does not keep such policy. Landlord reserves the right to review such insurance coverage from time to time and Tenant covenants and agrees, if Landlord so requests, to increase the limits and/or coverage of such public liability insurance to levels then deemed reasonable in full force and effect, Lessor may take out the necessary insurance and pay the premium and the repayment thereof, with interest at the rate of eight percent (8%) per year, shall be deemed to be part opinion of the rental and repaid at the time that the next installment of rent becomes dueinsurance broker retained by Landlord.