Common use of INDEMNITY AND LIABILITY INSURANCE Clause in Contracts

INDEMNITY AND LIABILITY INSURANCE. 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 and hold Lessor forever harmless and indemnified 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 requirements and provisions of this Lease. Lessee, 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, causes of action, costs, liabilities and 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, damage to or destruction of any property, caused by or resulting from any act 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, 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 other evidence satisfactory to Lessor indicating payment of the premium for said insurance policy or policies at least thirty (30) days prior to the expiration of the policy or policies of insurance.

INDEMNITY AND LIABILITY INSURANCE. a. Lessor shall not be liable to 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 or to Lessee's use of the Demised Premises and employees, agents, or visitors or to any damage or destruction other person whomsoever, for any injury 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 and hold Lessor forever harmless and indemnified 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 to property on or about the Demised Premises causing injury to or the Common Area caused by the negligence or misconduct of Lessee, its employees, subtenants, licensees or concessionaires, or of any other person entering the Center under express or property whomsoever implied invitation of Lessee, or whatsoeverarising out of the use of the Demised Premises by Lessee and the conduct of its business therein, 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 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 respect to comply with loss, expense or claims arising out of such damage or injury. Lessee shall procure and perform all the requirements and provisions of this Lease. Lessee, at all times during maintain throughout the term of this Lease, shall procure and maintain in full force and effect, Lease a policy or policies of commercial general public liability insurance, at its sole cost and expense, insuring the both Lessor and Lessee against any and all claims, actions, causes demands or actions arising out of action, costs, liabilities and expenses for or, on account or in connection with Lessee's use or occupancy of any injury to or the death of any person or personsDemised Premises, or for or on account by the condition of any loss of, damage to or destruction of any property, caused by or resulting from any act or omission occurring on or about the Demised Premises with combined single Premises, the limits of such policy or policies to be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) for injuries to one or more than one person in any one accident, Two Hundred Fifty Thousand and not less than TWO HUNDRED FIFTY THOUSAND DOLLARS No/100 ($250,000.00) for Dollars in respect of personal injuries, bodily injury to or death of any one person, and in an amount not less than Five Hundred Thousand and No/100 ($500,000.00) Dollars in respect of any one accident or disaster, and in an amount not less than One Hundred Thousand and No/100 ($100,000.00) Dollars in respect of property damagedamaged or destroyed, and to be written by insurance companies satisfactory to Lessor. Lessee shall obtain a written obligation on the part of each insurance company to notify Lessor at least ten (10) days prior to cancellation of such insurance. Such policies or duly executed certificates of 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 other evidence satisfactory promptly delivered to Lessor indicating payment of the premium for said insurance policy or policies and renewals thereof as required shall be delivered to Lessor at least thirty (30) days prior to the expiration of the respective policy or policies terms. If Lessee should fail to comply with the foregoing requirements relating to insurance, Lessor may obtain such insurance and Lessee shall pay to Lessor on demand as additional rent hereunder the premium cost thereof plus interest at the maximum contractual rate (but in no event to exceed one and one-half percent (1 1/2%) per month) from the date of insurancepayment by Lessor until repaid by Lessee.

INDEMNITY AND LIABILITY INSURANCE. Lessee shall Tenant covenants and agrees to indemnify and hold Lessor save 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 and hold Lessor forever harmless and indemnified 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 Landlord against and from any and all claimsclaims by or on behalf of any person or persons, lossesorganization, costsfirm or corporation, damages, liabilities or expenses arising out of any failure acts or negligence of Lessee Tenant, his employees, agents, licensees or invitees in any respect to comply with or about the demised premises and perform all the requirements and provisions of this Leasecommon areas. LesseeIn confirmation thereof, Tenant agrees that he will, at all times during the original term of this Leaseand any extension or renewal thereof, shall procure at his own expense, carry and maintain keep in full force and effect, general effect public liability insurance, insuring the Lessee against any insurance in good and all claims, actions, causes of action, costs, liabilities and expenses for or, on account of any injury responsible companies authorized to or the death of any person or persons, or for or on account of any loss of, damage to or destruction of any property, caused by or resulting from any act or omission occurring on or about the Demised Premises do business in such jurisdiction with combined single limits of not less than at least FIVE HUNDRED THOUSAND Dollars ($500,000) for injury, including death, to any one person, and at least ONE MILLION DOLLARS Dollars ($1,000,000.001,000,000) for injuries to one or more than one person injury, including death, in any one accidentcasualty, (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 damage of at least ONE HUNDRED THOUSAND Dollars ($100,000). Such policies shall name Landlord and Tenant as parties insured, and not less than TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) for property damage. Such insurance shall be written with contain a company authorized to engage in provision that 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 same may not be canceled cancelled without the Lessor being given thirty giving Landlord at least ten (3010) days prior written notice by notice. Each such policy, or a certificate showing the insurance company. Lessee same to be in effect, shall provide Lessor with current certificates of insurance and shall also provide Lessor with paid receipts or other evidence satisfactory be delivered to Lessor indicating payment Landlord at the commencement of the premium for said insurance policy or policies term, and renewals thereof shall be delivered to Landlord throughout the entire tenancy at least thirty ten (3010) days prior to the expiration of any such policy. Landlord reserves the policy or policies 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 insurancesuch public liability insurance to levels then deemed reasonable in the opinion of the insurance broker retained by Landlord.

INDEMNITY AND LIABILITY INSURANCE. Lessee shall agrees to and does hereby indemnify and hold save 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 and hold Lessor forever harmless and indemnified 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 requirements and provisions of this Lease. Lessee, 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, actionsdemands, causes damages, costs and expenses, including reasonable attorneys’ fees for the defense thereof, arising from the conduct or management of actionthe business conducted by Lessee in the demised premises, costs, liabilities and expenses for or, or from any breach or default on account the part of Lessee in the performance of any injury covenant or agreement on the part of Lessee to or be performed, pursuant to the death terms of any person or personsthis Lease, or for or on account of any loss of, damage to or destruction of any property, caused by or resulting from any act or omission occurring on negligence of Lessee, its agents, contractors, servants and employees, in or about the Demised Premises demise premises, the sidewalks adjoining same and the other areas of the complex used by Lessee in common with combined single limits others, unless caused by or due to the act, omission, fault, negligence or misconduct of not less than ONE MILLION DOLLARS ($1,000,000.00) for injuries 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 one defend such action or more than one person in any one accidentproceeding by counsel reasonably satisfactory to Lessor. Lessee will, during the term of this lease, at its own cost 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 expense, maintain and provide general liability insurance in for the State benefit and protection of Florida Lessor and shall Lessee (said policy to name Lessor as an additional insured thereunderinsured), in 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 medical payment per person arising out of any one accident or occurrence. Said insurance policy shall provide that it may cover the demised premises, 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 commencement of the term, together with proof of payment of premium and renewals thereof not be canceled without less than twenty (20) days before its expiration date. Said policy and/or certificate shall contain an undertaking by the insurer to give Lessor being given not less and thirty (30) days prior written notice by the of any cancellation or change in scope or amount of coverage of such policy. If Lessee fails to comply with this requirement, Lessor may obtain such insurance company. and keep same in effect and Lessee shall provide pay Lessor with current certificates of the cost thereof upon demand as additional rent. The Lessee shall be responsible for maintaining plate glass insurance and provide a copy of said insurance to the Lessor at the time of occupancy. If the Lessee fails to maintain said insurance, the Lessor shall also provide Lessor with paid receipts or other evidence satisfactory have the right to Lessor indicating payment of obtain said insurance and charge the premium Lessee for said insurance policy or policies at least thirty (30) days prior to the expiration of the policy or policies of insurancepremium.

INDEMNITY AND LIABILITY INSURANCE. Lessee shall Except as to any negligence of the Landlord, arising out of roof and structural parts of the building, Tenant will protect, indemnify and hold Lessor save harmless the Landlord from and against any and all suitsloss, actions, damages, liability, expenses and associated fees and costs, attorney's damage and otherwiseexpenses occasioned by, as a result of Lessee's use of the Demised Premises and or arising out of, any accident or other occurrence causing or inflicting injury and/or damage or destruction to any person (s) or property, loss of lifehappening or done, loss of income from in, upon or about the leased premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any cause whatsoever, provided that such indemnification as set forth shall not extend to part thereof by the Tenant or any acts of gross willfull negligence by Lessor, its agents, employees, affiliates and assignsperson claiming through or under the Tenant. Lessee convenants The Tenant further covenants and agrees that it will protectat its own expense procure and maintain casualty and liability insurance in a responsible company or companies authorized to do business in the State of Iowa, save and hold Lessor forever harmless and indemnified against and from any penalty or damage or charges imposed in amounts not less than $300,000 for any violation of any law or ordinance, whether occasioned by the gross negligence of Lessee or those holding under Lesseeone person injured, and that Lessee will at all times protect$1,000,000 for any one accident, indemnifyand with the limits of $100,000 for property damage, save and hold harmless Lessor protecting the Landlord against and from all claims, losses, costssuch claim, damages, liabilities costs 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 requirements and provisions of this Lease. Lessee, 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, causes of action, costs, liabilities and expenses for or, on account of any injury to or the death of any person or persons, or for to any property belonging to any person or on account persons, by reason of any loss ofsuch casualty, damage to accident or destruction of any property, caused by or resulting from any act or omission occurring other happening on or about he demised premises during the Demised Premises with combined single limits term thereof. Certificates or copies of said policies, naming the Landlord as an Additional Insured, and providing for fifteen (15) days notice to the Landlord before cancellation shall be delivered to the Landlord within twenty (20) days from the date of the beginning of the term of this lease. Landlord will protect, indemnify and save harmless Tenant from and against any and all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon or about the leased premises, or due directly or indirectly to the tenancy, use or occupancy thereof by the Landlord or any person claiming through or under the Landlord. The Landlord further covenants and agrees that it will at its own expense procure and maintain casualty and liability insurance in a responsible company or companies authorized to do business in the State of Iowa, in amounts not less than ONE MILLION DOLLARS ($1,000,000.00) 300,000 for injuries to one or more than any one person in injured, and $1,000,000 for any one accident, and not less than TWO HUNDRED FIFTY THOUSAND DOLLARS (with the limits of $250,000.00) 100,000 for property damage, protecting the Landlord against such claim, damages, costs or expenses on account of injury to any person or persons, or to any property belonging to any person or persons, by reason of such casualty, accident or other happening on or about the demised premises during the term thereof. Such insurance Certificates or copies of said policies, naming the Tenant as Additional insured, and providing for fifteen (15) days notice to the Tenant before cancellation, shall be written with a company authorized delivered 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 Tenant within twenty (3020) days prior written notice by from the insurance company. Lessee shall provide Lessor with current certificates of insurance and shall also provide Lessor with paid receipts or other evidence satisfactory to Lessor indicating payment date of the premium for said insurance policy or policies at least thirty (30) days prior to the expiration beginning of the policy or policies term of insurancethis lease. As to insurance of the Landlord for roof and structural faults, see paragraph 11(a) above.

INDEMNITY AND LIABILITY INSURANCE. Lessee shall indemnify and hold This Lease is made upon the express condition that Lessor harmless is to be free from all suits, actions, damages, liability, expenses liability 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 claims for damages by Lessor, its agents, employees, affiliates and assigns. Lessee convenants and agrees that it will protect, save and hold Lessor forever harmless and indemnified against and from any penalty or damage or charges imposed for any violation reason 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 persons, including Lessee, all property of any kind whatsoever and to whomsoever belonging, including Lessee, from any cause or causes whatsoever, and will protectexcept for negligence or wilful acts by Landlord or its agents or employees, indemnifywhile in, save and hold harmless Lessor against and from any and all claimsupon, lossesabout, costs, damages, liabilities or expenses arising out of any failure of Lessee in any respect to comply way connected with and perform all the requirements and provisions of this Lease. Lessee, at all times said demised premises or the sidewalk adjacent thereto during the term of this LeaseLease or any extension thereof or any occupancy hereunder, shall procure Lessee hereby covenanting and maintain in full force agreeing to indemnify and effectsave harmless Lessor from all liability, general public liability insuranceloss, insuring the Lessee against any cost, and all claims, actions, causes of action, costs, liabilities and expenses for or, obligation on account of any injury to or the death arising out of any person such injury or personsloss however occurring, or for or on account 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 loss of, damage liability to or destruction the public incident to the use of any property, caused by or resulting from any act or omission accident occurring on in or about said demised premises, the Demised Premises with combined single limits of liability under such insurance to be not less than ONE MILLION DOLLARS Two Hundred Thousand Dollars ($1,000,000.00200,000.00) for injuries to one or more than any one person in injured, or Five Hundred Thousand ($500,000.00) for any one accident, and not less than TWO HUNDRED FIFTY THOUSAND DOLLARS or One Hundred Thousand Dollars ($250,000.00100,000.00) for property damage. Such 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 with a company authorized to engage in obligation on the business part 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 carriers to notify Lessor with current certificates of insurance and shall also provide Lessor with paid receipts or other evidence satisfactory to Lessor indicating payment of the premium for said insurance policy or policies 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 expiration 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 policy or policies rental and repaid at the time that the next installment of insurancerent becomes due.