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 Subject to Section 12.7 below, to defend, save Landlord harmless and indemnified, indemnify Landlord (and such other persons as are in privity of estate with Landlord as may be set out in a written notice to Tenant from time to time) from all claims or damage to or of any person or property while on the Premises to the extent permitted caused 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 other willful misconduct of Tenant, its officersunless arising from the negligence, agentsintentional acts or breach of this Lease by Landlord or other misconduct of Landlord, employeesand from all claims or damage to or of any person or property in or about the Building or Complex occasioned by any neglect, sublesseesor other willful misconduct of Tenant, licenseesunless arising from negligence, concessionairesintentional acts or breach of this Lease by Landlord or other misconduct of Landlord; to maintain coverage with insurance companies having a rating of not less than “A” by Best's Insurance Reports, others occupying space or a comparable rating agency, qualified to do business 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 state in which the Complex is located (which may include Tenant or any of the aforementioned parties, its affiliates or with respect to any matter described above, then Tenant shall protect subsidiaries) 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 good standing therein public liability insurance covering the Premises insuring Landlord (and such other persons as are in privity of estate with Landlord as may be set out in a written notice to Tenant from time to time) as an additional insured as well as Tenant with limits which shall, at the commencement of the Lease Term, be at least equal to Public Liability Insurance Limits with a $1,000,000 per accident limit, and Workers’ Compensation Insurance with statutory limits covering all of Tenant's employees working in the Tenant’s obligations under this SectionPremises, and to deposit promptly with Landlord certificates for such insurance, and all renewals thereof, bearing a provision that the insuring company will endeavor to give Landlord thirty (30) days written notice in advance of any cancellation or lapse of the policy. Landlord acknowledges and agrees that Tenant may satisfy the Public Liability Insurance Limits through a combination of public liability insurance and umbrella insurance coverages which, in the minimum amounts reasonably required by Landlordtotal, equal or exceed such limits. 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 Notwithstanding any other provision of this Lease, Tenant shall have the right to include the Premises within a blanket policy of insurance including the Premises and other locations. Subject to Section 12.7, Landlord shall defend, save harmless and indemnify Tenant (and such other persons as are in privity of estate with Tenant as may be set out in a written notice to Landlord from time to time) from all claims or damage to or of any person or property in or about the Complex or while on the Premises to the extent caused by the neglect, or other willful misconduct of Landlord, unless arising from the negligence, intentional acts or breach of this Lease by Tenant or other misconduct of Tenant.

INDEMNITY AND LIABILITY INSURANCE. a) Tenant shall save indemnify Landlord harmless from all liability for damages to person or property in, on or from the Premises from any cause whatsoever other than the negligent or wrongful act of Landlord, and indemnified, to from all liability by reason of any negligent or wrongful act of Tenant. Tenant shall procure and keep in effect during the extent permitted by law, from and against any and all claims, actions, loss, damages, term comprehensive public liability and expense in connection property damage insurance naming Landlord and Tenant as insureds, with loss limits of lifenot less than $1,000,000 for damages resulting to one person, personal injury and/or $1,000,000 for damages resulting from any one occurrence, and $200,000 for damage to property (hereinafter a “Claim”) arising out of or resulting from any occurrence inone occurrence. Tenant shall deliver policies of such insurance or certificates thereof to Landlord, upon or at which shall provide that the Premises or same may not be cancelled without not less than 30 days prior written notice to Landlord. b) Landlord covenants to hold Tenant harmless from and against, and indemnify Tenant, except in the occupancy or use event 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 negligence of Tenant, its officers, agents, employeesemployees or invitees, 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 all claims and all costs, expenses and liabilities incurred in connection with such claims, including any matter described aboveaction or proceeding brought thereon, then Tenant shall protect and hold Landlord harmless and indemnified and shall defend Landlord with counsel reasonably acceptable arising from or as a result of any accident, injury, death, loss or damage whatsoever to Landlord. Tenant’s indemnity obligation shall be reduced any person or eliminated should, and only to the extent thatproperty of any person, Landlord is adjudged to have acted negligently or otherwise engaged as shall occur in misconduct if and to the extent that such negligence or misconduct contributed to common areas of the Claim. Tenant shall maintain with respect to building in which the Premises and are located. 15. DAMAGE Landlord shall have no liability for any loss or damage that may be occasioned by or through the Building and Lot comprehensive public acts or omissions of others, including persons occupying other premises in the building. Landlord shall have no liability insurance covering all for any loss or damage from water leakage from any source, or from leakage, overflow, stoppage or backing up of other condition of any facilities or utilities, or from fire, explosion or any other casualty, or for any loss or damage from any other cause whatsoever, including theft. 16. HOLDING OVER In the event Tenant holds over after the expiration of the Tenant’s obligations under term of this SectionLease, the tenancy shall thereafter be from month-to-month, on the same terms and conditions as are herein set forth, in the minimum amounts reasonably absence of a written agreement to the contrary, except that the Basic Monthly Rent shall be 125% of the amount stated at the heading of this Lease. 17. DELINQUENCY If Tenant shall default in any payment or expenditure other than rent required to be paid or expended by Tenant under the terms hereof, Landlord may at Landlord's option make such payment or expenditure, in which event the amount thereof shall be payable as additional rental to Landlord by Tenant on the next ensuing rent date together with interest at 10% per annum from the date of such payment or expenditure by Landlord. Such policies shall name Landlord and, if applicable, Xxxxxxxx’s mortgagee as named insureds, and on default in such payment Landlord shall contain have the same remedies as on default in payment of rent. 18. BANKRUPTCY If the tenancy shall be taken in execution or by other processes of law, or if Tenant shall file a contractual liability endorsement making specific reference to this Lease.petition in bankruptcy or insolvency, or if Tenant shall file a petition or any pleading seeking reorganization or any relief as a debtor under any present or future bankruptcy or similar law, or if Tenant shall be declared bankrupt or insolvent, or if a receiver shall be appointed for Tenant's property, or if an assignment shall be made of Tenant's property for the benefit of creditors,

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.