Common use of INDEMNITY AND LIABILITY INSURANCE Clause in Contracts

INDEMNITY AND LIABILITY INSURANCE. Tenant shall indemnify, defend and save Landlord harmless from and against any claim, action, loss or liability for injury to or death of persons and/or loss or damage to property, damages, costs and expenses (including, without limitation, attorneys’ fees and court costs) occasioned by or resulting from, in whole or in part, directly or indirectly, Tenant’s use of the Premises, Tenant’s default hereunder or from any other act or omission of Tenant or anyone claiming by, through or under Tenant. The foregoing specifically includes, without limitation, all foreseeable and unforeseeable damages, directly or indirectly arising out of the presence, use, generation, storage, release, threatened release or disposal (whether on or about the Premises) on Landlord’s Property of any Hazardous Material. Such damages shall include, without limitation: (i) the cost of any required or necessary repair, clean-up or detoxification; (ii) any closure expenses; and (iii) the cost of preparing any required plans relating to the presence, use, generation, storage, release, threatened release or disposal of any Hazardous Material. Tenant’s indemnity of Landlord shall be required in addition to the insurance required under this Section 5.1 and such indemnity shall commence on the date Tenant takes possession of the Premises and shall survive the termination of this Lease. During the term of this Lease, Tenant shall, at its sole cost and expense, carry commercial general liability and general liability with general aggregate amount and per occurrence limit insurance, with malicious mischief and vandalism endorsements, with limits of at least Two Million Dollars ($2,000,000) per occurrence for personal and bodily injury and at least One Million Dollars ($1,000,000) per occurrence for property damage, broad form boiler and machinery insurance adequate to cover the full replacement value of all improvements and betterments and such additional insurance and/or with such higher limits as Landlord may reasonably require, with Landlord, Xxxxxx X. Xxxxxxx, Trustee and any mortgagees of Landlord and/or Xxxxxx X. Xxxxxxx, Trustee named as additional insureds, as their interests may appear, which policies shall provide that the same may not be canceled, terminated or materially amended without at least thirty (30) days’ prior written notice to Landlord and/or Xxxxxx X. Xxxxxxx, Trustee. A copy of such policy (or a certificate on Xxxxx Form 25-S thereof) shall be kept on deposit with Landlord and delivered to Landlord prior to the date that Tenant takes possession of the Premises and at any other time requested by Landlord and/or Xxxxxx X. Xxxxxxx, Trustee.

Appears in 2 contracts

Samples: Lease (U-Store-It Trust), Lease (U-Store-It Trust)

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INDEMNITY AND LIABILITY INSURANCE. Tenant shall indemnify, defend and save Landlord harmless from and against any claim, action, loss or liability for injury to or death of persons and/or loss or damage to property, damages, costs and expenses (including, without limitation, attorneys' fees and court costs) occasioned by or resulting from, in whole or in part, directly or indirectly, Tenant’s 's use of the Premises, Tenant’s 's default hereunder or from any other act or omission of Tenant or anyone claiming by, through or under Tenant. The foregoing specifically includes, without limitation, all foreseeable and unforeseeable damages, directly or indirectly arising out of the presence, use, generation, storage, release, threatened release or disposal (whether on or about the Premises) on Landlord’s 's Property of any Hazardous Material. Such damages shall include, without limitation: (i) the cost of any required or necessary repair, clean-up or detoxification; (ii) any closure expenses; and (iii) the cost of preparing any required plans relating to the presence, use, generation, storage, release, threatened release or disposal of any Hazardous Material. Tenant’s 's indemnity of Landlord shall be required in addition to the insurance required under this Section 5.1 and such indemnity shall commence on the date Tenant takes possession of the Premises and shall survive the termination of this Lease. During the term of this Lease, Tenant shall, at its sole cost and expense, carry commercial general liability and general liability with general aggregate amount and per occurrence limit insurance, with malicious mischief and vandalism endorsements, with limits of at least Two Million Dollars ($2,000,000) per occurrence for personal and bodily injury and at least One Million Dollars ($1,000,000) per occurrence for property damage, broad form boiler and machinery insurance adequate to cover the full replacement value of all improvements and betterments and such additional insurance and/or with such higher limits as Landlord may reasonably require, with Landlord, Xxxxxx X. Xxxxxxx, Trustee and any mortgagees of Landlord and/or Xxxxxx X. Xxxxxxx, Trustee named as additional insureds, as their interests may appear, which policies shall provide that the same may not be canceled, terminated or materially amended without at least thirty (30) days' prior written notice to Landlord and/or Xxxxxx X. Xxxxxxx, Trustee. A copy of such policy (or a certificate on Xxxxx Form 25-S thereof) shall be kept on deposit with Landlord and delivered to Landlord prior to the date that Tenant takes possession of the Premises and at any other time requested by Landlord and/or Xxxxxx X. Xxxxxxx, Trustee.

Appears in 1 contract

Samples: Lease (U-Store-It Trust)

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INDEMNITY AND LIABILITY INSURANCE. Tenant shall indemnify, defend and save Landlord harmless from and against any claim, action, loss or liability for injury to or death of persons and/or loss or damage to property, damages, costs and expenses (including, without limitation, attorneys’ fees and court costs) occasioned by or resulting from, in whole or in part, directly or indirectly, Tenant’s use of the Premises, Tenant’s default hereunder or from any other act or omission of Tenant or anyone claiming by, through or under Tenant. The foregoing specifically includes, without limitation, all foreseeable and unforeseeable damages, directly or indirectly arising out of the presence, use, generation, storage, release, threatened release or disposal (whether on or about the Premises) on Landlord’s Property of any Hazardous Material. Such damages shall include, without limitation: (i) the cost of any required or necessary repair, clean-up or detoxification; (ii) any closure expenses; and (iii) the cost of preparing any required plans relating to the presence, use, generation, storage, release, threatened release or disposal of any Hazardous Material. Tenant’s indemnity of Landlord shall be required in addition to the insurance required under this Section 5.1 and such indemnity shall commence on the date Tenant takes possession of the Premises and shall survive the termination of this Lease. During the term of this Lease, Tenant shall, at its sole cost and expense, carry commercial general liability and general liability with general aggregate amount and per occurrence limit insurance, with malicious mischief and vandalism endorsements, with limits of at least Two Million Dollars ($2,000,000) per occurrence for personal and bodily injury and at least One Million Dollars ($1,000,000) per occurrence for property damage, broad form boiler and machinery insurance adequate to cover the full replacement value of all improvements and betterments and such additional insurance and/or with such higher limits as Landlord may reasonably require, with Landlord, Xxxxxx X. Xxxxxxx, Trustee and any mortgagees of Landlord and/or Xxxxxx X. Xxxxxxx, Trustee named as additional insureds, as their interests may appear, which policies shall provide that the same may not be canceled, terminated or materially amended without at least thirty (30) days’ prior written notice to Landlord and/or Xxxxxx X. Xxxxxxx, Trustee. A copy of such policy (or a certificate on Xxxxx Form 25-S thereof) shall be kept on deposit with Landlord and delivered to Landlord prior to the date that Tenant takes possession of the Premises and at any other time requested by Landlord and/or Xxxxxx X. Xxxxxxx, Trustee.

Appears in 1 contract

Samples: Lease (U-Store-It Trust)

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