Common use of INDEMNITY AND LIABILITY INSURANCE Clause in Contracts

INDEMNITY AND LIABILITY INSURANCE. Lessee agrees to and does hereby indemnify and save Lessor harmless against any and all claims, demands, 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 protection of Lessor and Lessee (said policy to name Lessor as an additional insured), 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 policy shall 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 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 change in scope or amount of coverage of such policy. If 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 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 have the right to obtain said insurance and charge the Lessee for said premium.

INDEMNITY AND LIABILITY INSURANCE. Lessee agrees to and does hereby indemnify and save This Lease is made upon the express condition that Lessor harmless against any and all claims, demands, 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 is to be performed, pursuant to the terms of this Lease, or free from any act or negligence of Lessee, its agents, contractors, servants all liability 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 claims for damages by reason of any such claiminjury to any person or persons, Lessee covenants including Lessee, all property of any kind whatsoever and to defend such action whomsoever belonging, including Lessee, from any cause or proceeding causes whatsoever, except for negligence or wilful acts by counsel reasonably satisfactory to Lessor. Lessee willLandlord 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 leaseLease or any extension thereof or any occupancy hereunder, at its own cost Lessee hereby covenanting and expenseagreeing to indemnify and save harmless Lessor from all liability, maintain and provide general liability insurance for the benefit and protection of Lessor and Lessee (said policy to name Lessor as an additional insured)loss, in an amount not less than $1,000,000.00 for bodily injury and property damagecost, and $50,000.00 for fire damage legal liability. Policy should also include a provision for $5,000.00 obligation on account of medical payment per person or arising out of any one 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 occurrence. Said policy shall cover the about said 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 under such insurance to be delivered to Lessor at the commencement of the term, together with proof of payment of premium and renewals thereof not less than twenty Two Hundred Thousand Dollars (20$200,000.00) days before its expiration datefor 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. Said policy and/or 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 contain an undertaking by be placed with Lessor, and Lessee agrees to obtain a written obligation on the insurer part of the insurance carriers to give notify Lessor not less and in writing at least thirty (30) days written notice of prior to any cancellation or change thereof, and Lessee further agrees that if Lessee does not keep such insurance in scope or amount of coverage of such policy. If Lessee fails to comply with this requirementfull force and effect, Lessor may obtain such take out the necessary insurance and keep same in effect pay the premium and Lessee shall pay Lessor the cost thereof upon demand as additional rent. The Lessee repayment thereof, with interest at the rate of eight percent (8%) per year, shall be responsible for maintaining plate glass insurance deemed to be part of the rental and provide a copy of said insurance to the Lessor repaid at the time that the next installment of occupancy. If the Lessee fails to maintain said insurance, the Lessor shall have the right to obtain said insurance and charge the Lessee for said premiumrent becomes due.

INDEMNITY AND LIABILITY INSURANCE. a. Lessor shall not be liable to Lessee agrees or to Lessee's employees, agents, or visitors or to any other person whomsoever, for any injury to person or damage to property on or about the Demised Premises 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 implied invitation of Lessee, or arising out of the use of the Demised Premises by Lessee and does hereby indemnify and save Lessor harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorneys’ fees for the defense thereof, arising from the conduct or management of the its business conducted by Lessee in the demised premisestherein, or from arising out of any breach or default on the part of by Lessee in the performance of any covenant or agreement on the part of its obligations hereunder; and Lessee hereby agrees to be performed, pursuant to the terms of this Lease, or indemnify Lessor and hold Lessor harmless from any act loss, expense or negligence claims arising out of Lessee, its agents, contractors, servants and employees, in such damage 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 Lessorinjury. Lessee will, during shall procure and maintain throughout the term of this leaseLease a policy or policies of commercial general liability insurance, at its own sole cost and expense, maintain and provide general liability insurance for the benefit and protection of insuring both Lessor and Lessee (said against all claims, demands or actions arising out of or in connection with Lessee's use or occupancy of the Demised Premises, or by the condition of the Demised Premises, the limits of such policy or policies to name Lessor as an additional insured), be in an amount not less than Two Hundred Fifty Thousand and No/100 ($1,000,000.00 for 250,000.00) Dollars in respect of personal injuries, bodily injury and property damageto or death of any one person, and in an amount not less than Five Hundred Thousand and No/100 ($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 500,000.00) Dollars in respect of any one accident or occurrencedisaster, and in an amount not less than One Hundred Thousand and No/100 ($100,000.00) Dollars in respect of property damaged or destroyed, and to be written by insurance companies satisfactory to Lessor. Said policy Lessee shall cover obtain a written obligation on the demised premises, the side walks adjoining same 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 promptly delivered to Lessor and the other areas of the complex used by Lessee. The public liability policy or a certificate renewals thereof as required shall be delivered to Lessor at the commencement of the 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 least thirty (30) days written notice prior to the expiration of any cancellation or change in scope or amount of coverage of such policythe respective policy terms. If Lessee fails should fail to comply with this requirementthe foregoing requirements relating to insurance, Lessor may obtain such insurance and keep same in effect and Lessee shall pay to Lessor the cost thereof upon on demand as additional rent. The Lessee shall be responsible for maintaining plate glass insurance and provide a copy of said insurance to rent hereunder the Lessor premium cost thereof plus interest at the time maximum contractual rate (but in no event to exceed one and one-half percent (1 1/2%) per month) from the date of occupancy. If the Lessee fails to maintain said insurance, the payment by Lessor shall have the right to obtain said insurance and charge the Lessee for said premiumuntil repaid by Lessee.

INDEMNITY AND LIABILITY INSURANCE. Lessee Tenant covenants and agrees to and does hereby indemnify and save Lessor harmless Landlord against and from any and all claimsclaims by or on behalf of any person or persons, demandsorganization, damages, costs and expenses, including reasonable attorneys’ fees for the defense thereoffirm or corporation, arising from the conduct or management out 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 acts or negligence of LesseeTenant, its his employees, agents, contractors, servants and employees, licensees or invitees in or about the demise premises, the sidewalks adjoining same demised premises 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 employeesareas. In the event any action or proceeding is brought against Lessor by reason of any such claimconfirmation thereof, Lessee covenants to defend such action or proceeding by counsel reasonably satisfactory to Lessor. Lessee Tenant agrees that he will, at all times during the original term of this leaseand any extension or renewal thereof, at its his own cost and expense, maintain carry and provide general keep in full force and effect public liability insurance in good and responsible companies authorized to do business in such jurisdiction with limits of at least FIVE HUNDRED THOUSAND Dollars ($500,000) for the benefit injury, including death, to any one person, and protection of Lessor and Lessee at least ONE MILLION Dollars (said policy to name Lessor as an additional insured)$1,000,000) for injury, including death, in an amount not less than any one casualty, (provided, however, if Tenant's carrier no longer writes multiple limits then Tenant shall provide at least FIVE HUNDRED THOUSAND Dollars ($1,000,000.00 for 500,000) single limit bodily injury injury, including death, coverage) and with property damagedamage of at least ONE HUNDRED THOUSAND Dollars ($100,000). Such policies shall name Landlord and Tenant as parties insured, and $50,000.00 for fire damage legal liability. Policy should also include shall contain a provision for $5,000.00 of medical payment per person arising out of any one accident or occurrencethat the same may not be cancelled without giving Landlord at least ten (10) days prior written notice. Said policy shall cover the demised premisesEach such policy, the side walks adjoining same and the other areas of the complex used by Lessee. The public liability policy or a certificate thereof showing the same to be in effect, shall be delivered to Lessor Landlord at the commencement of the term, together with proof of payment of premium and renewals thereof not less than twenty shall be delivered to Landlord throughout the entire tenancy at least ten (2010) days before its prior to the 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 change in scope or amount of 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 policy. If 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 responsible for maintaining plate glass insurance and provide a copy of said public liability insurance to levels then deemed reasonable in the Lessor at opinion of the time of occupancy. If the Lessee fails to maintain said insurance, the Lessor shall have the right to obtain said insurance and charge the Lessee for said premiumbroker retained by Landlord.

INDEMNITY AND LIABILITY INSURANCE. Lessee agrees to and does hereby shall indemnify and save 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, demandsactions, damagescauses of action, costs costs, liabilities and expensesexpenses for or, including reasonable attorneys’ fees for on account of any injury to or the defense thereof, arising from the conduct death of any person or management of the business conducted by Lessee in the demised premisespersons, or from any breach for or default on the part of Lessee in the performance account of any covenant loss of, damage to or agreement on the part destruction of Lessee to be performedany property, pursuant to the terms of this Lease, caused by or resulting from any act or negligence of Lessee, its agents, contractors, servants and employees, in omission occurring on or about the demise premisesDemised 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 sidewalks adjoining same and the other areas business 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 in the benefit State of Florida and protection of Lessor and Lessee (said policy to shall name Lessor as an additional insured), 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 occurrenceinsured thereunder. Said policy insurance shall cover provide that it may not be canceled without 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 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 being given thirty (30) days prior written notice by the insurance company. Lessee shall provide Lessor with current certificates 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 and keep same in effect and Lessee shall pay also provide Lessor with paid receipts or other evidence satisfactory to Lessor indicating payment of the cost thereof upon demand as additional rent. The Lessee shall be responsible premium for maintaining plate glass insurance and provide a copy of said insurance policy or policies at least thirty (30) days prior to the Lessor at expiration of the time policy or policies of occupancy. If the Lessee fails to maintain said insurance, the Lessor shall have the right to obtain said insurance and charge the Lessee for said premium.

INDEMNITY AND LIABILITY INSURANCE. Lessee agrees Except as to any negligence of the Landlord, arising out of roof and does hereby structural parts of the building, Tenant will protect, indemnify and save Lessor harmless the Landlord from and against any and all claimsloss, demandscosts, 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, or any part thereof by the Tenant or any person claiming through or under the Tenant. The Tenant 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 $300,000 for any one person injured, and $1,000,000 for any one accident, and with the limits of $100,000 for property damage, protecting the Landlord against such claim, damages, costs and expenses, including reasonable attorneys’ fees for the defense thereof, arising from the conduct or management expenses on account of the business conducted by Lessee in the demised premisesinjury to any person or persons, or from to any breach property belonging to any person or default on the part of Lessee in the performance of any covenant or agreement on the part of Lessee to be performedpersons, 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 claimcasualty, Lessee covenants accident or other happening on or about he demised premises during the term thereof. Certificates or copies of said policies, naming the Landlord as an Additional Insured, and providing for fifteen (15) days notice to defend such action or proceeding by counsel reasonably satisfactory the Landlord before cancellation shall be delivered to Lessor. Lessee will, during 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 cost expense procure and expense, maintain casualty and provide general liability insurance for in a responsible company or companies authorized to do business in the benefit and protection State of Lessor and Lessee (said policy to name Lessor as an additional insured)Iowa, in an amount amounts not less than $1,000,000.00 300,000 for bodily injury any one person injured, and $1,000,000 for any one accident, and with the limits of $100,000 for property damage, and $50,000.00 for fire damage legal liability. Policy should also include a provision for $5,000.00 protecting the Landlord against such claim, damages, costs or expenses on account of medical payment per injury to any person arising out or persons, or to any property belonging to any person or persons, by reason of any one such casualty, accident or occurrence. Said policy shall cover other happening on or about the demised premisespremises during the term thereof. Certificates or copies of said policies, naming the side walks adjoining same Tenant as Additional insured, and providing for fifteen (15) days notice to the other areas of the complex used by Lessee. The public liability policy or a certificate thereof Tenant before cancellation, shall be delivered to Lessor at the commencement of the term, together with proof of payment of premium and renewals thereof not less than Tenant within twenty (20) days before its expiration datefrom the date of the beginning of the term of this lease. Said policy and/or certificate shall contain an undertaking by As to insurance of the insurer to give Lessor not less Landlord for roof and thirty (30structural faults, see paragraph 11(a) days written notice 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 and keep same in effect and Lessee shall pay Lessor 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 have the right to obtain said insurance and charge the Lessee for said premiumabove.