Common use of INDEMNITY AND LIABILITY INSURANCE Clause in Contracts

INDEMNITY AND LIABILITY INSURANCE. Tenant shall save Landlord harmless and indemnified, to the extent permitted by law, from and against any and all claims, actions, loss, damages, liability and expense in connection with loss of life, personal injury and/or damage to property (hereinafter a “Claim”) arising out of or resulting from any occurrence in, upon or at the Premises or the occupancy or use of the Premises or any part thereof, or anywhere if caused wholly or in part by any act, neglect, or failure to perform the obligations imposed by this Lease or any breach thereof, or omission of Tenant, its officers, agents, employees, sublessees, licensees, concessionaires, others occupying space in the Premises or any customers and those doing business with Tenant. If Landlord shall be threatened with or made a party to any litigation commenced by or against Tenant or any of the aforementioned parties, or with respect to any matter described above, then Tenant shall protect and hold Landlord harmless and indemnified and shall defend Landlord with counsel reasonably acceptable to Landlord. Tenant’s indemnity obligation shall be reduced or eliminated should, and only to the extent that, Landlord is adjudged to have acted negligently or otherwise engaged in misconduct if and to the extent that such negligence or misconduct contributed to the Claim. Tenant shall maintain with respect to the Premises and the Building and Lot comprehensive public liability insurance covering all of the Tenant’s obligations under this Section, in the minimum amounts reasonably required by Landlord. Such policies shall name Landlord and, if applicable, Xxxxxxxx’s mortgagee as named insureds, and shall contain a contractual liability endorsement making specific reference to this Lease.

INDEMNITY AND LIABILITY INSURANCE. Tenant shall 10. Xxxxxx agrees to indemnify and save Landlord harmless the Town of Chatham, its Airport Commission, and indemnified, to the extent permitted by lawtheir respective officers and employees, from and against any and all claimsclaims of whatever nature arising from any act, actionsomission or negligence of Lessee, lossor Xxxxxx's contractors, damageslicensees, liability agents, servants or employees, or arising from any accident, injury or damage whatsoever caused to any person or entity, or to the property of any person or entity occurring during the term or any renewal term hereof in or about the Leased Premises. This indemnity and expense hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in or in connection with loss any such claim or proceeding brought thereon, and the defense thereof. 11. Lessee covenants and agrees to maintain in full force and during the term hereof a policy or policies of lifeAircraft and General Liability Insurance, personal injury and/or damage providing coverage for any Aircraft owned or operated by the Lessee, and Public Liability and Property Damage insurance in such amounts as the Lessor shall deem satisfactory. The Lessee, the Town of Chatham and the Chatham Airport Commission shall each be named as insureds in such policies, under which the insurer shall agree to property (hereinafter a “Claim”) indemnify and hold the Airport Commission and the Town harmless from and against all costs, expense and liability arising out of or resulting from based upon any occurrence inand all claims, upon or at accidents, injuries, damages and/or liens relating to the Premises or the occupancy or use of the Premises or any part thereof, or anywhere if caused wholly or in part by any act, neglect, or failure to perform the obligations imposed by this Lease or any breach thereof, or omission of Tenant, its officers, agents, employees, sublessees, licensees, concessionaires, others occupying space in the Premises or any customers and those doing business with TenantLeased Premises. If Landlord Each such policy shall be threatened with or made a party to any litigation commenced by or against Tenant or any of the aforementioned parties, or non- cancellable with respect to any matter described aboveLessor and Xxxxxx’s designees without thirty (30) days prior written notice to Lessor, then Tenant shall protect and hold Landlord harmless and indemnified and shall defend Landlord with counsel reasonably acceptable to Landlord. Tenant’s indemnity obligation a duplicate policy or certificate thereof shall be reduced delivered to Lessor at the commencement of this Lease and upon any renewal of such policies. The minimum limits or eliminated shouldLiability of such insurance shall be ONE MILLION DOLLARS ($1,000,000.00) for injury (or death) per person, and only to the extent that, Landlord is adjudged to have acted negligently or otherwise engaged in misconduct if and to the extent that such negligence or misconduct contributed to the Claim. Tenant shall maintain ONE MILLION DOLLARS ($1,000,000.00) with respect to the Premises property and the Building and Lot comprehensive public liability insurance covering TWO MILLION DOLLARS ($2,000,000.00) aggregate of all of the Tenant’s obligations under this Section, in the minimum amounts reasonably required by Landlord. Such policies shall name Landlord and, if applicable, Xxxxxxxx’s mortgagee as named insureds, and shall contain a contractual liability endorsement making specific reference to this Leaseclaims per occurrence.

INDEMNITY AND LIABILITY INSURANCE. Tenant shall save Landlord harmless and indemnified, to the extent permitted by law, from and against any and all claims, actions, loss, damages, liability and expense in connection with loss of life, personal injury and/or damage to property (hereinafter a “Claim”) arising out of or resulting from any occurrence in, upon or at the Leased Premises or the occupancy or use of the Leased Premises or any part thereof, or anywhere if caused wholly or in part by any act, neglect, or failure to perform the obligations imposed by this Lease or any breach thereof, or omission of Tenant, its officers, agents, employees, sublessees, licensees, concessionaires, others occupying space in the Leased Premises or any customers and those doing business with Tenant. If Landlord shall be threatened with or made a party to any litigation commenced by or against Tenant or any of the aforementioned parties, or parties with respect to any matter described above, then Tenant shall protect and hold Landlord harmless and indemnified and shall defend Landlord with counsel reasonably acceptable to Landlord or, at Landlord. Tenant’s 's option, shall advance all costs, expenses and reasonable attorney's fees incurred or paid by Landlord in connection with such litigation; and this indemnity obligation shall be reduced or eliminated shouldvalid and binding except as required by M.G.L Chapter 186, and only to the extent that, Landlord is adjudged to have acted negligently or otherwise engaged in misconduct if and to the extent that such negligence or misconduct contributed to the ClaimSection 15. Tenant shall maintain with respect to the Leased Premises and the Building and Lot Center comprehensive public liability insurance covering all of the Tenant’s 's obligations under this Section, in the minimum amounts reasonably required by Landlordset forth in Section 1.2. Such policies shall name Landlord and, if applicable, Xxxxxxxx’s Landlord's mortgagee as named insureds, and shall contain a contractual liability endorsement making specific reference to this Lease.

INDEMNITY AND LIABILITY INSURANCE. Tenant shall save Landlord a) Sublessee will indemnify and hold harmless Sublessor, its agents and indemnified, to employees and the extent permitted by lawIndemnified Parties, from and against any and all actions, claims, actionsdemands, losslosses, damages, liability liabilities and expense expenses of any kind (including Sublessor’s reasonable attorney fees and litigation costs and expenses) in connection with any claims for loss of life, personal bodily injury and/or or damage to property (hereinafter a “Claim”) arising asserted against or incurred by Sublessor that arise out of Sublessee’s use and occupancy of the Subleased Premises or resulting from that arise out of any occurrence in, upon on or at in connection with the Premises or the occupancy or use of the Subleased Premises or any part thereofingress or egress access ways which serve the Subleased Premises and for any matter for which Sublessor is liable to the Master Landlord under the terms of the Master Lease. Sublessee’s obligations under this subsection will survive termination or expiration of this Sublease Agreement. b) Sublessee shall maintain insurance in such amounts, or anywhere if caused wholly or with such limits and deductibles, as are required under the terms of the Master Lease. Any policies of insurance maintained by Sublessee will, in part by addition to any actrequirements of the Master Lease, neglect, or failure to perform the obligations imposed by this Lease or any breach thereof, or omission of Tenant, its officers, agents, employees, sublessees, licensees, concessionaires, others occupying space (x) contain a contractual endorsement insuring Sublessee’s indemnity agreement set forth in the immediately preceding subsection, and (y) name the Master Landlord, Sublessor, and at Sublessor’s written request, lender(s) holding deeds of trust or mortgages that encumber the Subleased Premises or any customers and those doing business with Tenantas additional insureds. If Landlord shall be threatened with or made Sublessee will deliver to Sublessor a party current certificate of such insurance that states the insurer will give Sublessor at least thirty (30) days written notice prior to any litigation commenced lapse, cancellation or material change in coverage maintained by or against Tenant or any of the aforementioned parties, or with respect to any matter described above, then Tenant shall protect and hold Landlord harmless and indemnified and shall defend Landlord with counsel reasonably acceptable to Landlord. Tenant’s indemnity obligation shall be reduced or eliminated should, and only to the extent that, Landlord is adjudged to have acted negligently or otherwise engaged in misconduct if and to the extent that such negligence or misconduct contributed to the Claim. Tenant shall maintain Sublessee with respect to the Premises Subleased Premises. Any insurance coverage maintained by Sublessee hereunder may be maintained by means of an umbrella and/or blanket policy which shall be in form and content reasonably satisfactory to Sublessor. c) Sublessor shall not be liable to Sublessee, nor to any person claiming through Sublessee, for any injury to any person or for any loss or damage to property or for any other reason except for any act or omission caused by the Building intentional or willful or wanton act or omission or gross negligence of Sublessor or its agents or employees. Sublessor shall indemnify, defend and Lot comprehensive public liability insurance covering all hold harmless Sublessee on account of matters (i) arising from the Tenant’s willful act, negligence or other misconduct of Sublessor, its employees, agents, contractors or other persons for whose conduct Sublessor is responsible, (ii) resulting from the failure of Sublessor to perform and discharge its covenants and obligations under this Section, in the minimum amounts reasonably required by Landlord. Such policies shall name Landlord and, if applicable, Xxxxxxxx’s mortgagee as named insuredsSublease Agreement, and shall contain a contractual liability endorsement making specific reference to (iii) resulting from any breach of warranty or representation contained herein or in any estoppel certificate furnished in connection with this LeaseSublease Agreement.

INDEMNITY AND LIABILITY INSURANCE. Tenant shall Lessee agrees to and does hereby indemnify and save Landlord Lessor harmless and indemnified, to the extent permitted by law, from and against any and all claims, actions, lossdemands, damages, costs and expenses, including reasonable attorneys’ fees for the defense thereof, arising from the conduct or management of the business conducted by Lessee in the demised premises, or from any breach or default on the part of Lessee in the performance of any covenant or agreement on the part of Lessee to be performed, pursuant to the terms of this Lease, or from any act or negligence of Lessee, its agents, contractors, servants and employees, in or about the demise premises, the sidewalks adjoining same and the other areas of the complex used by Lessee in common with others, unless caused by or due to the act, omission, fault, negligence or misconduct of landlord or its agents, servants or employees. In the event any action or proceeding is brought against Lessor by reason of any such claim, Lessee covenants to defend such action or proceeding by counsel reasonably satisfactory to Lessor. Lessee will, during the term of this lease, at its own cost and expense, maintain and provide general liability insurance for the benefit and expense protection of Lessor and Lessee (said policy to name Lessor as an additional insured), in connection with loss an amount not less than $1,000,000.00 for bodily injury and property damage, and $50,000.00 for fire damage legal liability. Policy should also include a provision for $5,000.00 of life, personal injury and/or damage to property (hereinafter a “Claim”) medical payment per person arising out of any one accident or resulting from any occurrence inoccurrence. Said policy shall cover the demised premises, upon the side walks adjoining same and the other areas of the complex used by Lessee. The public liability policy or a certificate thereof shall be delivered to Lessor at the Premises or the occupancy or use commencement of the Premises term, together with proof of payment of premium and renewals thereof not less than twenty (20) days before its expiration date. Said policy and/or certificate shall contain an undertaking by the insurer to give Lessor not less and thirty (30) days written notice of any cancellation or any part thereof, change in scope or anywhere if caused wholly or in part by any act, neglect, or failure to perform the obligations imposed by this Lease or any breach thereof, or omission amount of Tenant, its officers, agents, employees, sublessees, licensees, concessionaires, others occupying space in the Premises or any customers and those doing business with Tenantcoverage of such policy. If Landlord Lessee fails to comply with this requirement, Lessor may obtain such insurance and keep same in effect and Lessee shall pay Lessor the cost thereof upon demand as additional rent. The Lessee shall be threatened with or made responsible for maintaining plate glass insurance and provide a party to any litigation commenced by or against Tenant or any copy of the aforementioned parties, or with respect to any matter described above, then Tenant shall protect and hold Landlord harmless and indemnified and shall defend Landlord with counsel reasonably acceptable to Landlord. Tenant’s indemnity obligation shall be reduced or eliminated should, and only said insurance to the extent thatLessor at the time of occupancy. If the Lessee fails to maintain said insurance, Landlord is adjudged the Lessor shall have the right to have acted negligently or otherwise engaged in misconduct if obtain said insurance and to charge the extent that such negligence or misconduct contributed to the Claim. Tenant shall maintain with respect to the Premises and the Building and Lot comprehensive public liability insurance covering all of the Tenant’s obligations under this Section, in the minimum amounts reasonably required by Landlord. Such policies shall name Landlord and, if applicable, Xxxxxxxx’s mortgagee as named insureds, and shall contain a contractual liability endorsement making specific reference to this LeaseLessee for said premium.

INDEMNITY AND LIABILITY INSURANCE. Tenant Lessee shall indemnify and hold Lessor harmless from all suits, actions, damages, liability, expenses and associated fees and costs, attorney's and otherwise, as a result of Lessee's use of the Demised Premises and any damage or destruction to person (s) or property, loss of life, loss of income from any cause whatsoever, provided that such indemnification as set forth shall not extend to any acts of gross willfull negligence by Lessor, its agents, employees, affiliates and assigns. Lessee convenants and agrees that it will protect, save Landlord and hold Lessor forever harmless and indemnifiedindemnified against and from any penalty or damage or charges imposed for any violation of any law or ordinance, whether occasioned by the gross negligence of Lessee or those holding under Lessee, and that Lessee will at all times protect, indemnify, save and hold harmless Lessor against and from all claims, losses, costs, damages, liabilities or expenses arising out of, or from any accident or other occurrence on or about the Demised Premises causing injury to any person or property whomsoever or whatsoever, and will protect, indemnify, save and hold harmless Lessor against and from any and all claims, losses, costs, damages, liabilities or expenses arising out of any failure of Lessee in any respect to comply with and perform all the extent permitted by lawrequirements and provisions of this Lease. Lessee, from at all times during the term of this Lease, shall procure and maintain in full force and effect, general public liability insurance, insuring the Lessee against any and all claims, actions, losscauses of action, damagescosts, liability liabilities and expense in connection with expenses for or, on account of any injury to or the death of any person or persons, or for or on account of any loss of lifeof, personal injury and/or damage to property (hereinafter a “Claim”) arising out or destruction of any property, caused by or resulting from any occurrence inact or omission occurring on or about the Demised Premises with combined single limits of not less than ONE MILLION DOLLARS ($1,000,000.00) for injuries to one or more than one person in any one accident, upon and not less than TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) for property damage. Such insurance shall be written with a company authorized to engage in the business of general liability insurance in the State of Florida and shall name Lessor as an additional insured thereunder. Said insurance shall provide that it may not be canceled without the Lessor being given thirty (30) days prior written notice by the insurance company. Lessee shall provide Lessor with current certificates of insurance and shall also provide Lessor with paid receipts or at the Premises or the occupancy or use other evidence satisfactory to Lessor indicating payment of the Premises premium for said insurance policy or any part thereof, or anywhere if caused wholly or in part by any act, neglect, or failure policies at least thirty (30) days prior to perform the obligations imposed by this Lease or any breach thereof, or omission of Tenant, its officers, agents, employees, sublessees, licensees, concessionaires, others occupying space in the Premises or any customers and those doing business with Tenant. If Landlord shall be threatened with or made a party to any litigation commenced by or against Tenant or any expiration of the aforementioned parties, policy or with respect to any matter described above, then Tenant shall protect and hold Landlord harmless and indemnified and shall defend Landlord with counsel reasonably acceptable to Landlord. Tenant’s indemnity obligation shall be reduced or eliminated should, and only to the extent that, Landlord is adjudged to have acted negligently or otherwise engaged in misconduct if and to the extent that such negligence or misconduct contributed to the Claim. Tenant shall maintain with respect to the Premises and the Building and Lot comprehensive public liability insurance covering all policies of the Tenant’s obligations under this Section, in the minimum amounts reasonably required by Landlord. Such policies shall name Landlord and, if applicable, Xxxxxxxx’s mortgagee as named insureds, and shall contain a contractual liability endorsement making specific reference to this Leaseinsurance.

INDEMNITY AND LIABILITY INSURANCE. Tenant shall save Landlord harmless and indemnified(a) The Lessee agrees that, to unless caused by the extent permitted by lawnegligent or tortious acts or omissions of the Lessor, from and its agents, servants or employees, it will: (1) indemnify the Lessor against any and all claims, actionsinjury, loss, damages, liability and expense in connection with loss of life, personal injury and/or claim or damage to property any person or property, wherever located, if caused by the negligent or tortious acts or omissions of the Lessee or its agents or servants; and (hereinafter a “Claim”2) arising out without limiting the generality of the foregoing, the Lessee specifically agrees that it will not make any claims against the Lessor based on the leakage of water, gas or resulting other substance from any occurrence inpipes, upon sprinklers or at the Premises equipment, or the occupancy or use by reason of the Premises existence, use or any part thereofmisuse of water or plumbing, heating, electrical, gas or anywhere if caused wholly other fixtures or in part by any actequipment, neglect, or failure unless due to perform the obligations imposed by this Lease or any breach thereof, or omission negligence of Tenant, its officers, agents, employees, sublessees, licensees, concessionaires, others occupying space in the Premises or any customers and those doing business with TenantLessor. If Landlord shall the Lessor shall, without fault on its part, be threatened with or made a party to any litigation commenced by or against Tenant or any of the aforementioned partiesLessee, or with respect to any matter described above, then Tenant the Lessee shall protect and hold Landlord the Lessor harmless and indemnified from and against any loss or damage sustained by the Lessor as a result thereof, and the Lessee shall pay all costs and expenses, including reasonable attorneys' fees, incurred or paid by the Lessor in connection with such litigation. The Lessor agrees that the Lessee shall have the right to select counsel to defend Landlord with the Lessor for purposes of this paragraph, provided that any such counsel is reasonably acceptable to Landlordthe Lessor. Tenant’s indemnity obligation The Lessor agrees that counsel approved by the Lessee's insurer shall be reduced or eliminated shouldacceptable to the Lessor for purposes of this Paragraph. (b) The Lessee shall procure and maintain in full force a "Comprehensive Commercial Liability" insurance policy under which the Lessor shall be named as an Additional Insured. Under such policy Bodily Injury limits shall not be less than $2,000,000 per person, per occurrence and property damage limits shall not be less than $500,000 each occurrence. Certificates of the insurance affected under this paragraph, and only certificates of any and all renewals or replacements of this policy, shall be delivered to the extent thatLessor as soon as possible after the effective date of this Lease. The policy or certificate shall provide that the insurance shall not be cancelled or reduced in amounts of limits, Landlord is adjudged to have acted negligently or otherwise engaged reduced in misconduct if and breadth of coverage without ten (10) days' prior written notice to the extent Lessor, and that no act or omission on the part of the Lessee shall invalidate such negligence or misconduct contributed policies as they apply to the Claim. Tenant shall maintain with respect to the Premises and the Building and Lot comprehensive public liability insurance covering all of the Tenant’s obligations under this Section, in the minimum amounts reasonably required by Landlord. Such policies shall name Landlord and, if applicable, Xxxxxxxx’s mortgagee as named insureds, and shall contain a contractual liability endorsement making specific reference to this LeaseLessor.