Indemnity and Non-Liability. (a) Neither Landlord nor Landlord’s agents (including, without being limited, to the Managing Agent), employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) shall be liable to Tenant or Tenant’s agents, employees, contractors, invitees or licensees or any other occupant of the Demised Premises, and Tenant shall save Landlord, its successors and assigns and their respective agents, employees, contractors, officers, trustees, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighborhood property or caused by operations in construction of any private, public or quasi-public work) unless due to the gross negligence or willful misconduct of Landlord or Landlord’s agents or employees. However, even if such loss or damage is caused by the gross negligence or willful misconduct of Landlord, its agents or employees, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. To the extent of Tenant’s insurance coverage, Landlord, and its agents and employees, shall not be liable, for any loss or damage to any person or property due to the gross negligence of Landlord, its agents or employees. (b) Neither any (1) performance by Landlord, Tenant or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments or decorations in or to the Property or the Building, the Building equipment and systems, the Common Areas or the Demised Premises, (2) failure of Landlord or others to make any such repairs or improvements, (3) damage to the Property or the Building, the Building equipment and systems, the Common Areas, the Demised Premises or Tenant’s property, (4) injury to any persons, caused by other tenants or persons in the Building, or by operations in the construction of any private, public, or quasi-public work, or by any other cause, (5) latent defect in the Building, the Building equipment and systems, the Common Areas or the Demised Premises, nor (6) inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the foregoing subdivisions (1) through (5) shall impose any liability on Landlord to Tenant, other than, subject to Section 24.10 hereof, such liability as may be imposed upon Landlord by law for Landlord’s gross negligence or the gross negligence of Landlord’s agents or employees in the operation or maintenance of the Building, the Building equipment and systems or the Common Areas or for the breach by Landlord of any express covenant of this Lease on Landlord’s part to be performed. (c) Tenant hereby indemnifies and holds harmless Landlord and Landlord’s agents, employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with claims asserted by any third party arising from (1) any default by Tenant in the performance of any of the terms of this Lease on Tenant’s part to be performed, or (2) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming under Tenant, or (3) any acts, omissions or negligence of Tenant or any such person, or the contractors, agents, employees, invitees, licensees, assignees or sublessees of Tenant or any such person, or (4) any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring in or about the Demised Premises. Tenant’s obligations under this Section 11.2 shall survive the expiration or earlier termination of this Lease. (d) Tenant shall pay to Landlord as Additional Rent, within 20 days after submission by Landlord to Tenant of bills or statements therefor, sums equal to all losses, costs, liabilities, claims, damages, fines, penalties and expenses referred to in this Section 11.2.
Appears in 2 contracts
Samples: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)
Indemnity and Non-Liability. (a) Neither Tenant shall indemnify and save Landlord nor Landlord’s agents (includingharmless from and against any and all liability for any injury to or death of any person or persons or any damage to property in any way arising out of or connected with the condition, without being limiteduse or occupancy of the Premises, to that in any way result from Tenant's activities on the Managing Agent)Premises or that of its agents, employees, contractorslicensees, officerscontractors or invitees and from all costs, trusteesexpenses and liabilities, directorsincluding, shareholdersbut not limited to, partners court costs and reasonable attorney's fees, incurred by Landlord in connection therewith, excepting however, liability caused by Landlord's willful misconduct or principals (disclosed or undisclosed) gross negligence. Tenant covenants and agrees that Landlord shall not be liable to Tenant for any injury to or death of any person or persons or for damage to any property of Tenant’s , or any person claiming through Tenant, arising out of any accident or occurrence on the Premises including, without limiting the generality of the foregoing, injury, death or damage caused by the Premises becoming out of repair or caused by any defect in or failure of equipment, pipes, or wiring, or caused by broken glass, or caused by the backing up of drains, or caused by gas, water, steam, electricity, or oil leaking, escaping or flowing into the Premises, or caused by fire or smoke, or caused by the acts or omissions of Tenant's agents, employees, contractorscontractors or invitees, invitees or licensees or any other occupant of the Demised Premisesexcepting however, and Tenant shall save Landlord, its successors and assigns and their respective agents, employees, contractors, officers, trustees, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighborhood property or liability caused by operations in construction of any private, public or quasi-public work) unless due to the Landlord's gross negligence or willful misconduct of misconduct. Landlord or Landlord’s agents or employees. However, even if such loss or damage is caused by the gross negligence or willful misconduct of Landlord, its agents or employees, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. To the extent of Tenant’s insurance coverage, Landlord, and its agents and employees, shall not be liable, responsible or liable at any time for any loss or damage to any person Tenant's merchandise, equipment, fixtures or other personal property due to the gross negligence of Landlord, its agents or employees.
(b) Neither any (1) performance by Landlord, Tenant or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments or decorations in or to Tenant's business; and Landlord shall not be responsible or liable for any defect, latent or otherwise, in the Property or the Building, the Building equipment and systems, the Common Areas or the Demised Premises, (2) failure of Landlord or others to make any such repairs or improvements, (3) damage to the Property or the Building, the Building equipment and systems, the Common Areas, the Demised Premises or Tenant’s property, (4) injury to in any persons, caused by other tenants building on the Premises or persons in the Building, or by operations in the construction of any private, public, or quasi-public work, or by any other cause, (5) latent defect in the Building, the Building equipment and systems, the Common Areas or the Demised Premises, nor (6) inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s business by reason of any of the events equipment, machinery, utilities, appliances or occurrences referred to in the foregoing subdivisions (1) through (5) shall impose any liability on Landlord to Tenantapparatus therein, other thanexcepting, subject to Section 24.10 hereofhowever, such liability as may be imposed upon Landlord loss caused by law for Landlord’s 's gross negligence or the gross negligence of Landlord’s agents or employees in the operation or maintenance of the Building, the Building equipment and systems or the Common Areas or for the breach by Landlord of any express covenant of this Lease on Landlord’s part to be performedwillful misconduct.
(c) Tenant hereby indemnifies and holds harmless Landlord and Landlord’s agents, employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with claims asserted by any third party arising from (1) any default by Tenant in the performance of any of the terms of this Lease on Tenant’s part to be performed, or (2) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming under Tenant, or (3) any acts, omissions or negligence of Tenant or any such person, or the contractors, agents, employees, invitees, licensees, assignees or sublessees of Tenant or any such person, or (4) any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring in or about the Demised Premises. Tenant’s obligations under this Section 11.2 shall survive the expiration or earlier termination of this Lease.
(d) Tenant shall pay to Landlord as Additional Rent, within 20 days after submission by Landlord to Tenant of bills or statements therefor, sums equal to all losses, costs, liabilities, claims, damages, fines, penalties and expenses referred to in this Section 11.2.
Appears in 2 contracts
Samples: Form 10 K, Lease (Coca Cola Bottling Co Consolidated /De/)
Indemnity and Non-Liability. (a) Neither Landlord nor 11.1 Except as arising from Landlord’s agents (includinggross negligence or willful misconduct, without being limited, Tenant does hereby agree to the Managing Agent), employees, contractors, officers, trustees, directors, shareholders, partners indemnify and save Landlord harmless from and against any and all liability for any injury to or principals (disclosed death of any person or undisclosed) shall be liable to Tenant or Tenant’s agents, employees, contractors, invitees or licensees persons or any other occupant damage to property in any way arising out of or connected with the condition, use or occupancy of the Demised Premises, and Tenant shall save Landlordor in any way arising out of the activities in the Premises, Common Areas or other portions of Shopping Center, of the Tenant, its successors and assigns and their or subtenants or of the respective agents, employees, contractorslicensees, officersconcessionaires or invitees of Tenant, trusteesits assigns, directorsor subtenants and from all costs, shareholdersexpenses and liabilities, partners including, but not limited to, court costs and principals (disclosed or undisclosed) harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees fees, incurred by Landlord in connection therewith. Tenant hereby agrees to indemnify and disbursementshold Landlord harmless from and against any and all claims, demands, actions, damages, fines, judgments, penalties, costs (including attorney’s and consultant’s fees), penalty liabilities and losses resulting from Tenant’s failure to make non-structural alterations to the Premises or fine incurred in connection other accommodations required to be made, as a result of Tenant’s use of the Premises, by the Americans with Disabilities Act of 1990, as now or arising hereafter amended, and the rules and regulations promulgated thereunder. Except as resulting from Tenant’s negligence or misconduct, Landlord does hereby agree to indemnify and save Tenant harmless from and against any and all liability for any injury to Tenant or to death of any other person or persons or any damage to property in any way arising from Landlord’s or its agents or employees (i) ownership, management or control of the Shopping Center, the land upon which the Shopping Center is located, or the Common Areas, (ii) breach of Landlord’s obligations under this lease, (iii) any act or omission of Landlord, its agents or employees, or (iv) any work done by or the presence of the Landlord’s contractors in the Shopping Center or the land upon which the Shopping Center is located and from all costs, expenses and liabilities, including, but not limited to, court costs and reasonable attorneys’ fees, incurred by Tenant in connection therewith. The provisions of this Section 11.1 shall survive the expiration or other termination of this lease.
11.2 Tenant covenants and agrees that Landlord shall not be liable to Tenant for any damage toto any property of Tenant arising out of any accident or occurrence on the Premises or any other portion of Shopping Center, or loss (by theft or otherwise) ofincluding, any of Tenant’s property or without limiting the generality of the property of any other person, irrespective of the cause of such injuryforegoing, damage caused by the Premises or loss (including the acts or negligence other portions of any tenant or Shopping Center becoming out of any owners or occupants of adjacent or neighborhood property repair or caused by operations any defect in construction or failure of equipment, pipes, or wiring, or caused by broken glass, or caused by the backing up of drains, or caused by gas, water, steam, electricity, or oil leaking, escaping or flowing into the Premises, or caused by fire or smoke, or caused by any privateacts or omissions whatsoever, public except as arising from: (i) Landlord’s breach of its obligations under this lease; or quasi-public work(ii) unless due to the gross negligence or willful misconduct of Landlord or Landlord’s agents or employees. However, even if such loss or damage is caused by the gross negligence or willful misconduct of Landlord, its agents or employees, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. To the extent of Tenant’s insurance coverage, Landlord, and its agents and employees, .
11.3 Landlord shall not be liable, responsible or liable at any time for any loss or damage to any person Tenant’s merchandise, equipment, fixtures or other personal property due to the gross negligence of Landlord, its agents or employees.
(b) Neither any (1) performance by Landlord, Tenant or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments or decorations in or to the Property or the Building, the Building equipment and systems, the Common Areas or the Demised Premises, (2) failure of Landlord or others to make any such repairs or improvements, (3) damage to the Property or the Building, the Building equipment and systems, the Common Areas, the Demised Premises or Tenant’s property, (4) injury to any persons, caused by other tenants or persons in the Building, or by operations in the construction of any private, public, or quasi-public work, or by any other cause, (5) latent defect in the Building, the Building equipment and systems, the Common Areas or the Demised Premises, nor (6) inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the foregoing subdivisions (1) through (5) shall impose any liability on Landlord to Tenant, other than, subject to Section 24.10 hereof, such liability as may be imposed upon Landlord by law for Landlord’s gross negligence or the gross negligence of Landlord’s agents or employees in the operation or maintenance of the Building, the Building equipment and systems or the Common Areas or for the breach by Landlord of any express covenant of this Lease on Landlord’s part to be performedbusiness.
(c) Tenant hereby indemnifies and holds harmless Landlord and Landlord’s agents, employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with claims asserted by any third party arising from (1) any default by Tenant in the performance of any of the terms of this Lease on Tenant’s part to be performed, or (2) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming under Tenant, or (3) any acts, omissions or negligence of Tenant or any such person, or the contractors, agents, employees, invitees, licensees, assignees or sublessees of Tenant or any such person, or (4) any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring in or about the Demised Premises. Tenant’s obligations under this Section 11.2 shall survive the expiration or earlier termination of this Lease.
(d) Tenant shall pay to Landlord as Additional Rent, within 20 days after submission by Landlord to Tenant of bills or statements therefor, sums equal to all losses, costs, liabilities, claims, damages, fines, penalties and expenses referred to in this Section 11.2.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (First State Financial Corp/Fl)
Indemnity and Non-Liability. (a) Neither Landlord nor Landlord’s 's agents (including, without being limitedlimitation, to the Managing Agent), employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) shall be liable to Tenant or Tenant’s 's agents, employees, contractors, invitees or licensees or any other occupant of the Demised PremisesBuilding, and Tenant shall save Landlord, its successors and assigns and their respective agents, employees, contractors, officers, trustees, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ ' fees and disbursements), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s 's property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighborhood property or caused by operations in construction of any private, public or quasi-public work) unless due to the gross negligence or willful misconduct of Landlord or Landlord’s 's agents or employees. However, even if such loss or damage is caused by the gross negligence or willful misconduct of Landlord, its agents or employees, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. To the extent of Tenant’s 's insurance coverage, Landlord, and its agents and employees, shall not be liable, liable for any loss or damage to any person or property even if due to the gross negligence or wilful misconduct of Landlord, its agents or employees.
(b) Neither any (1i) performance by Landlord, Tenant or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments or decorations in or to the Property Building or the Building, the Building equipment and systems, the Common Areas or the Demised Premises, (2ii) failure of Landlord or others to make any such repairs or improvements, (3iii) damage to the Property or the Building, the Building equipment and systems, the Common Areas, the Demised Premises or Tenant’s 's property, (4iv) injury to any persons, caused by other tenants or persons in the Building, or by operations in the construction of any private, public, or quasi-public work, or by any other cause, (5v) latent defect in the Building, the Building or Building equipment and systems, the Common Areas or the Demised Premises, nor (6vi) inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s 's business by reason of any of the events or occurrences referred to in the foregoing subdivisions (1i) through (5v) shall impose any liability on Landlord to Tenant, other than, subject to Section 24.10 21.10 hereof, such liability as may be imposed upon Landlord by law for Landlord’s 's gross negligence or the gross negligence of Landlord’s 's agents or employees in the operation or maintenance of the Building, the Building or Building equipment and systems or the Common Areas or for the breach by Landlord of any express covenant of this Lease on Landlord’s 's part to be performed.
(c) Tenant hereby indemnifies and holds harmless Landlord and Landlord’s 's agents, employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ ' fees and disbursements), penalty or fine incurred in connection with claims asserted by any third party or arising from (1i) any default by Tenant in the performance of any of the terms of this Lease on Tenant’s 's part to be performed, or (2ii) the use or occupancy or manner of use or occupancy of the Demised Premises Building by Tenant or any person claiming under Tenant, or (3iii) any acts, omissions or negligence of Tenant or any such person, or the contractors, agents, employees, invitees, licensees, assignees or sublessees of Tenant or any such person, or (4iv) any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring in or about the Demised PremisesBuilding. Tenant’s 's obligations under this Section 11.2 10.3 shall survive the expiration or earlier termination of this Lease.
(d) Tenant shall pay to Landlord as Additional Rent, within 20 days after submission by Landlord to Tenant of bills or statements therefor, sums equal to all losses, costs, liabilities, claims, damages, fines, penalties and expenses referred to in this Section 11.2.
Appears in 1 contract
Indemnity and Non-Liability. (a) Neither Landlord nor Landlord’s 's agents (including, without being limited, to the Managing Agent), employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) shall be liable to Tenant or Tenant’s 's agents, employees, contractors, invitees or licensees or any other occupant of the Demised Premises, and Tenant shall save Landlord, its successors and assigns and their respective agents, employees, contractors, officers, trustees, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ ' fees and disbursements), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s 's property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighborhood property or caused by operations in construction of any private, public or quasi-public work) unless due to the gross negligence or willful misconduct of Landlord or Landlord’s agents or employees. However, even if such loss or damage is caused by the gross negligence or willful misconduct of Landlord, its 's agents or employees, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewithdamages. To the extent of Tenant’s 's insurance coverage, Landlord, and its agents and employees, shall not be liable, for any loss or damage to any person or property due to the gross negligence of Landlord, its agents or employees.
(b) Neither any (1) performance by Landlord, Tenant or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments or decorations in or to the Property or the Building, the Building equipment and systems, the Common Areas or the Demised Premises, (2) failure of Landlord or others to make any such repairs or improvements, (3) damage to the Property or the Building, the Building equipment and systems, the Common Areas, the Demised Premises or Tenant’s 's property, (4) injury to any persons, caused by other tenants or persons in the Building, or by operations in the construction of any private, public, or quasi-public work, or by any other cause, (5) latent defect in the Building, the Building equipment and systems, the Common Areas or the Demised Premises, nor (6) inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s 's business by reason of any of the events or occurrences referred to in the foregoing subdivisions (1) through (5) shall impose any liability on Landlord to Tenant, other than, subject to Section 24.10 hereof, such liability as may be imposed upon Landlord by law for Landlord’s 's gross negligence or the gross negligence of Landlord’s 's agents or employees in the operation or maintenance of the Building, the Building equipment and systems or the Common Areas or for the breach by Landlord of any express covenant of this Lease on Landlord’s 's part to be performed.
(c) Tenant hereby indemnifies and holds harmless Landlord and Landlord’s 's agents, employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ ' fees and disbursements), penalty or fine incurred in connection with claims asserted by any third party or arising from (1) any default by Tenant in the performance of any of the terms of this Lease on Tenant’s 's part to be performed, or (2) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming under Tenant, or (3) any acts, omissions or negligence of Tenant or any such person, or the contractors, agents, employees, invitees, licensees, assignees or sublessees of Tenant or any such person, or (4) any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring in or about the Demised Premises. Tenant’s 's obligations under this Section 11.2 shall survive the expiration or earlier termination of this Lease.
(d) Tenant shall pay to Landlord as Additional Rent, within 20 5 days after submission by Landlord to Tenant of bills or statements therefortherefore, sums equal to all losses, costs, liabilities, claims, damages, fines, penalties and expenses referred to in this Section 11.2.
Appears in 1 contract
Samples: Lease Agreement (Heelys, Inc.)
Indemnity and Non-Liability. (a) Neither Landlord nor Landlord’s agents (including, without being limited, to the Managing Agent)'s agents, employees, contractors, officers, trustees, directors, shareholders, partners partners, or principals (disclosed or undisclosed) shall be liable to Tenant or Tenant’s 's agents, employees, contractors, invitees invitees, or licensees or any other occupant of the Demised Leased Premises, and Tenant shall save Landlord, its successors and assigns and their respective agents, employees, contractors, officers, trustees, directors, shareholders, partners partners, and principals (disclosed or undisclosed) harmless from for any loss, cost, liability, cause of action, claim, damage, expense (including reasonable attorneys’ ' fees and disbursements), penalty penalty, fine or fine judgment incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, to or loss (by theft or otherwise) of, of any of Tenant’s 's property or of the property of any other person, irrespective of the cause of such injury, damage damage, or loss lose (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighborhood neighboring property or caused by operations in construction of any private, public public, or quasi-public work) unless due to the gross negligence or willful misconduct intentional acts of Landlord or Landlord’s 's agents or employees. However, even if such loss or damage is caused by the gross negligence or willful misconduct of Landlord, its agents or employees, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. To Landlord and its agents and employees shall not be liable, to the extent of Tenant’s 's insurance coverage, Landlord, and its agents and employees, shall not be liable, for any loss or damage to any person or property even if due to the gross negligence or intentionally tortious conduct of Landlord, its agents or employees.
(b) Neither any (1any(i) performance by Landlord, Tenant Tenant, or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments betterments, or decorations in or to the Property Building, Building equipment, or the Building, the Building equipment and systems, the Common Areas or the Demised Leased Premises, (2ii) failure of Landlord or others to make any such repairs or improvements, (3iii) damage to the Property or the Building, the Building equipment and systemsequipment, the Common AreasLeased Premises, the Demised Premises or Tenant’s 's property, (4iv) injury to any persons, persons caused by other tenants or persons in the Building, or by operations in the construction of any private, public, or quasi-public work, or by any other cause, (5v) latent defect in the Building, the Building equipment and systemsequipment, the Common Areas or the Demised Leased Premises, nor (6vi) inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s 's business by reason of any of the events or occurrences referred to in the foregoing subdivisions (1i) through (5v) shall impose any liability on Landlord to by Tenant, other than, subject to Section 24.10 hereof, except such liability as may be imposed upon Landlord Landlord: (1) by law for Landlord’s gross 's negligence or the gross negligence of Landlord’s Landlord or its agents or employees in the operation or maintenance of the Building, Building or the Building equipment and systems equipment; or the Common Areas or (2) for the breach by Landlord of any express covenant of this Lease on Landlord’s 's part to be performed. No representation, guaranty, or warranty is made or assurance given that the security systems, devices, or procedures of the Building will be effective to prevent injury to Tenant or any other person or damage to, or loss (by theft or otherwise) of, any of Tenant's property or of the property of any other person, and Landlord reserves the right to discontinue or modify at any time such security systems or procedures, if any, without liability to Tenant. Landlord will provide Tenant with reasonable advance notice prior to discontinuing or modifying such security systems. Tenant acknowledges that, as of the date of this Lease, there is no security system in the Leased Premises. Landlord will not add a security system without Tenant's consent.
(c) Subject to Paragraph 10.4 below, Tenant hereby indemnifies agrees to indemnify, defend, and holds harmless Landlord and hold Landlord’s agents, its employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with claims asserted by any third party arising from (1) any default by Tenant in the performance of any of the terms of this Lease on Tenant’s part to be performed, or (2) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming under Tenant, or (3) any acts, omissions or negligence of Tenant or any such person, or the contractors, agents, employeesand contractors harmless from all liability, invitees, licensees, assignees or sublessees of Tenant or any such personcosts, or (4) any accidentexpenses, injury or including attorneys' fees, on account of damage whatsoever caused to any the person or to the property of any third party, including any other tenant in the Building, to the extent caused by the acts or omissions of Tenant, its employees, agents or contractors. Subject to Paragraph 10.4 below, Landlord agrees to indemnify, defend, and hold Tenant, its employees, agents, and contractors harmless from all liability, costs, or expenses, including attorneys' fees, on account of damage to the person and occurring or property of any third party, including any other tenant in the Building, to the extent caused by the acts or about the Demised Premises. Tenant’s obligations under this Section 11.2 shall survive the expiration omissions of Landlord, its employees, agents or earlier termination of this Leasecontractors.
(d) Tenant shall pay to Landlord as Additional Rent, within 20 five days after submission following rendition by Landlord to Tenant of bills or statements therefor, sums equal to all losses, costs, liabilities, causes of action, claims, damages, expenses, fines, penalties penalties, and expenses judgments referred to in this Section 11.210.
Appears in 1 contract
Samples: Lease Agreement (Inflow Inc)
Indemnity and Non-Liability. (a) Neither Landlord nor Landlord’s agents (including, without being limited, to the Managing Agent), employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) shall be liable to Tenant or Tenant’s agents, employees, contractors, invitees or licensees or any other occupant of the Demised Premises, and Tenant shall save Landlord, its successors and assigns and their respective agents, employees, contractors, officers, trustees, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighborhood property or caused by operations in construction of any private, public or quasi-public work) unless due ), except, however, to the gross extent of any personal injury or property damage resulting from the negligence or willful misconduct of Landlord or Landlord’s agents or employees. However, even if such loss or damage is caused by the gross negligence or willful misconduct of Landlord, its agents or employees, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. To the extent of Tenant’s insurance coverage, and to the fullest extent permitted by law, Landlord, and its agents and employees, shall not be liable, for any loss or damage to any person or property due to the gross negligence of Landlord, its agents or employees.
(b) Neither any (1) performance by Landlord, Tenant or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments or decorations in or to the Property or the Building, the Building equipment and systems, the Common Areas or the Demised Premises, (2) failure of Landlord or others to make any such repairs or improvements, (3) damage to the Property or the Building, the Building equipment and systems, the Common Areas, the Demised Premises or Tenant’s property, (4) injury to any persons, caused by other tenants or persons in the Building, or by operations in the construction of any private, public, or quasi-public work, or by any other cause, (5) latent defect in the Building, the Building equipment and systems, the Common Areas or the Demised Premises, nor (6) inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the foregoing subdivisions (1) through (5) shall impose any liability on Landlord to Tenant, other than, subject to Section 24.10 hereof, such liability relative to injury to persons or property damage as may be imposed upon Landlord by law for Landlord’s gross negligence or the gross negligence of Landlord’s agents or employees in the operation or maintenance of the Building, the Building equipment and systems or the Common Areas or for the breach by Landlord of any express covenant of this Lease on Landlord’s part to be performed. No representation, guaranty or warranty is made or assurance given that the communications or security systems, devices or procedures of the Building will be effective to prevent injury to Tenant or any other person or damage to, or loss (by theft or otherwise) of, any of Tenant’s property or of the property of any other person, and Landlord reserves the right to discontinue or modify at any time such communications or security systems or procedures without liability to Tenant.
(c) Subject to the terms of this Section 11.2 and Section 11.3 below, in addition to and without limiting or being limited by any other indemnity in this Lease, but rather in confirmation and furtherance thereof, to the extent not prohibited by law, Tenant hereby indemnifies and holds harmless agrees to indemnify, defend by counsel reasonably acceptable to Landlord and hold Landlord, Landlord’s constituent owners, and each such party’s respective agents, employees, contractors, officers, trustees, directors, shareholders, partners owners, partners, members, or principals (disclosed or undisclosed) principals, harmless of, from and against any lossand all losses, costdamages, liabilityliabilities, claimclaims, damageliens, expense (costs and expenses, including court costs and reasonable attorneys’ fees and disbursements)expenses, penalty or fine incurred in connection with claims asserted by any third party arising from (1) any default by Tenant in the performance of any of the terms of this Lease on Tenant’s part injury to be performed, or (2) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming under Tenant, or (3) any acts, omissions or negligence of Tenant or any such person, or the contractors, agents, employees, invitees, licensees, assignees or sublessees of Tenant or any such person, or (4) any accident, injury or damage whatsoever caused to any person or to the property death of any person and occurring within or about the Demised Premises, or with respect to damage to or theft, loss or loss of the use of any property, occurring in or about the Demised Premises, but only to the extent that the foregoing losses, damages, liabilities, claims, liens, costs and expenses arise from or are caused by the undertaking by Tenant or its agents or contractors of Tenant’s Work or other Tenant Alterations or repairs at the Demised Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or from any negligent act or omission or willful misconduct of Tenant, or any of its employees, agents, licensees, invitees or contractors. No persons or entities other than Landlord and such other indemnified parties shall be deemed third party beneficiaries of the indemnitees set forth in this Section 11.2(c). Tenant’s obligations under this Section 11.2 11.2(c) shall survive the expiration or earlier termination of this Lease.
(d) Tenant shall pay to Landlord as Additional Rent, within 20 thirty (30) days after submission by Landlord to Tenant of bills or statements therefor, sums equal to all losses, costs, liabilities, claims, damages, fines, penalties and expenses referred to in this Section 11.2.
Appears in 1 contract
Indemnity and Non-Liability. (a) Neither Landlord nor Landlord’s agents (including, without being limited, to the Managing Agent), employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) shall be liable to Tenant or Tenant’s agents, employees, contractors, invitees or licensees or any other occupant of the Demised Premises, and Tenant shall save Landlord, its successors and assigns and their respective agents, employees, contractors, officers, trustees, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighborhood property or caused by operations in construction of any private, public or quasi-public work) unless due to the gross negligence or willful misconduct of Landlord or Landlord’s agents or employees. However, even if such loss or damage is caused by the gross negligence or willful misconduct of Landlord, its agents or employees, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. To the extent of Tenant’s insurance coverageLikewise, Landlord, and its agents and employees, shall not be liable, for even if any loss or damage to any person or property due to is caused by the gross negligence or willful misconduct of LandlordTenant, its agents or employees, Landlord waives, to the full extent permitted by law, any claim for consequential damages in connection therewith.
(b) Neither any (1) performance by Landlord, Tenant or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments or decorations in or to the Property or the Building, the Building equipment and systems, the Common Areas or the Demised Premises, (2) failure of Landlord or others to make any such repairs or improvements, (3) damage to the Property or the Building, the Building equipment and systems, the Common Areas, the Demised Premises or Tenant’s property, (4) injury to any persons, caused by other tenants or persons in the Building, or by operations in the construction of any private, public, or quasi-quasi public work, or by any other cause, (5) latent defect in the Building, the Building equipment and systems, the Common Areas or the Demised Premises, nor (6) inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the foregoing subdivisions (1) through (5) shall impose any liability on Landlord to Tenant, other than, subject to Section 24.10 hereof, such liability as may be imposed upon Landlord by law for Landlord’s gross negligence or the gross negligence of Landlord’s agents or employees in the operation or maintenance of the Building, the Building equipment and systems or the Common Areas or for the breach by Landlord of any express covenant of this Lease on Landlord’s part to be performedperformed or as expressly set forth in Section 26.1.
(c) Tenant hereby indemnifies and holds harmless Landlord and Landlord’s agents, employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with claims asserted by any third party or arising from (1) any default by Tenant in the performance of any of the terms of this Lease on Tenant’s part to be performed, or (2) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming under Tenant, or (3) any acts, omissions or negligence of Tenant or any such person, or the contractors, agents, employees, invitees, licensees, assignees or sublessees of Tenant or any such person, or (4) any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring in or about the Demised PremisesPremises except to the extent of Landlord’s gross negligence or willful misconduct. Tenant’s obligations under this Section 11.2 shall survive the expiration or earlier termination of this Lease.
(d) Tenant shall pay to Landlord as Additional Rent, within 20 30 days after submission by Landlord to Tenant of bills or statements therefor, sums equal to all losses, costs, liabilities, claims, damages, fines, penalties and expenses referred to in this Section 11.2; provided, however that if a court or an arbitration makes a final judgment that the damages were caused solely by Landlord’s gross negligence or willful misconduct then Landlord shall reimburse Tenant for all of Tenant’s reasonable out-of-pocket costs (including reasonable attorneys’ fees) incurred in defending Landlord together with interest thereon at a rate equal to the Prime Rate plus two percent (2%).
Appears in 1 contract
Indemnity and Non-Liability. (a) Neither Landlord nor Landlord’s 's agents (including, without being limitedlimitation, to Landlord's managing agent for the Managing AgentProject), employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) ("Landlord", collectively for 37 44 purposes of this Article 11) shall be liable to Tenant or Tenant’s 's agents, employees, contractors, invitees or subtenants, assignees, invitees, licensees or any other occupant of the Demised PremisesPremises ("Tenant", collectively, for purposes of this Article 11) for any and Tenant shall save Landlordall liabilities, its successors obligations, damages, penalties, injuries, claims, losses, costs and assigns and their respective agentsexpenses, employees, contractors, officers, trustees, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ ' fees and disbursements, paid, suffered or incurred (individually and collectively, "Loss"), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s property or of the property of any other person, irrespective of the cause of unless such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighborhood property or caused by operations in construction of any private, public or quasi-public work) unless Loss is due to the gross negligence or willful misconduct of Landlord or Landlord’s agents or employees. However, even if such loss or damage is caused by the gross negligence or willful misconduct of Landlord, its agents in connection with (i) any injury to Tenant or employeesfor any damage to, Tenant waives, to the full extent permitted by lawor loss of, any claim for consequential damages in connection therewith. To the extent of Tenant’s insurance coverage's property and/or the Improvements, Landlord, and its agents and employees, shall not be liable, for (ii) any loss failure of Landlord to make repairs or damage to any person or property due to the gross negligence of Landlord, its agents or employees.
(b) Neither any (1) performance by Landlord, Tenant or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments or decorations improvements in or to the Property or Project, the Building, the Building equipment and systems, the Common Areas or the Demised Premises, (2iii) any failure of Landlord or others to make any such repairs or improvementsenforce the Rules and Regulations (provided that all leases of office space in the Building are subject to Rules and Regulations which are substantially similar to the Rules and Regulations appended to this Lease), (3iv) damage to the Property or the Building, the Building equipment and systems, the Common Areas, the Demised Premises or Tenant’s property, (4) any injury to any personspersons or any damage, caused by other tenants or persons in the Building, (v) any indirect or by operations in the construction consequential damages of Tenant, (vi) any private, publicinterruption to Tenant's business, or quasi-public work, or by (vii) any other cause, (5) latent defect in the Building, the Building equipment and systems, the Common Areas or the Demised Premises. Tenant waives, nor (6) inconvenience to the fullest extent permitted by law, any claim for indirect or annoyance to Tenant or injury to or interruption of Tenant’s business by reason of consequential damages in connection with any of the events or occurrences referred to in the foregoing subdivisions (1) through (5) shall impose any liability on Landlord to Tenant, other than, subject to Section 24.10 hereof, such liability as may be imposed upon Landlord by law for Landlord’s gross negligence or the gross negligence of Landlord’s agents or employees in the operation or maintenance of the Building, the Building equipment and systems or the Common Areas or for the breach by Landlord of any express covenant of this Lease on Landlord’s part to be performedLoss.
(cb) Tenant hereby indemnifies shall indemnify, defend and holds save harmless Landlord from and Landlord’s agents, employees, contractors, officers, trustees, directors, shareholders, partners or principals against all Loss as a result of (disclosed or undisclosed) from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with claims asserted by any third party arising from (1i) any default breach by Tenant in the performance of any of the terms term, covenant or condition of this Lease on Tenant’s part to be performed, or Lease; (2ii) the use acts, omissions or occupancy or manner negligence of Tenant; (iii) the use or occupancy of the Demised Premises by Tenant and any act or omission occurring on the Demised Premises during the term hereof; (iv) any use or storage of any Hazardous Substances (or any person claiming under materials deemed to be Hazardous Substances after the date of this Lease) on or about the Premises by Tenant, any assignee or sublessee of Tenant, or (3) any acts, omissions or negligence of Tenant or any such person, or the contractorstheir respective employees, agents, guests or invitees; and (v) any violation of any Environmental Law (including any amendments thereto or similar laws enacted subsequent to the date of this Lease) by Tenant, its employees, invitees, licensees, assignees invitees or sublessees of Tenant contractors respecting activities conducted on or any such person, or (4) any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring in or about from the Demised Premises. Tenant’s obligations under In case any claim, action or proceeding is brought against Landlord by reason of any cause described in this Section 11.2 shall survive the expiration 11.2(b), Tenant, upon written notice from Landlord, will at Tenant's sole cost and expense, resist and defend such claims, action or earlier termination of this Leaseproceeding by counsel approved by Landlord.
(dc) The Tenant shall pay to Landlord as Additional Rentthe Landlord, within 20 ten (10) days after submission following rendition by Landlord to Tenant of bills or statements therefortherefore, sums equal to all losses, costs, liabilities, claims, damages, fines, penalties and expenses referred to in this Section 11.2.
(d) The terms and provisions of this Section 11.2 shall survive the expiration or sooner termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Memberworks Inc)
Indemnity and Non-Liability. (a) Neither Landlord nor Landlord’s agents (including, without being limited, to the Managing Agent), employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) shall be liable to Tenant or Tenant’s agents, employees, contractors, invitees or licensees or any other occupant of the Demised Premises, and Tenant shall save Landlord, its successors and assigns and their respective agents, employees, contractors, officers, trustees, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighborhood property or caused by operations in construction of any private, public or quasi-public work) unless due to the gross negligence or willful misconduct of Landlord or Landlord’s agents or employees. However, even if such loss or damage is caused by the gross negligence or willful misconduct of Landlord, its agents or employees, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. To the extent of Tenant’s insurance coverage, Landlord, and its agents and employees, shall not be liable, for any loss or damage to any person or property due to the gross negligence of Landlord, its agents or employees.
(b) Neither any (1) performance by Landlord, Tenant or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments or decorations in or to the Property or the Building, the Building equipment and systems, the Common Areas or the Demised Premises, (2) failure of Landlord or others to make any such repairs or improvements, (3) damage to the Property or the Building, the Building equipment and systems, the Common Areas, the Demised Premises or Tenant’s property, (4) injury to any persons, caused by other tenants or persons in the Building, or by operations in the construction of any private, public, or quasi-public work, or by any other cause, (5) latent defect in the Building, the Building equipment and systems, the Common Areas or the Demised Premises, nor (6) inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the foregoing subdivisions (1) through (5) shall impose any liability on Landlord to Tenant, other than, subject to Section 24.10 hereof, such liability as may be imposed upon Landlord by law for Landlord’s gross negligence or the gross negligence of Landlord’s agents or employees in the operation or maintenance of the Building, the Building equipment and systems or the Common Areas or for the breach by Landlord of any express covenant of this Lease on Landlord’s part to be performed. No representation, guaranty or warranty is made or assurance given that the communications or security systems, devices or procedures of the Building, including the proximity card read access system with remote monitoring cameras, will be effective to prevent injury to Tenant or any other person or damage to, or loss (by theft or otherwise) of, any of Tenant’s property or of the property of any other person. Furthermore, Landlord agrees that it shall not reduce the security service provided at the Date of Execution of the Lease without the prior written consent of and approval by Tenant. Tenant agrees to review and approve or disapprove any such request for a reduction in security service, in good faith, within ten days after Tenant’s receipt of written request for approval from Landlord. If Tenant shall fail to respond to such request within ten days after receipt of such request, Tenant shall be deemed to have approved such change.
(c) Tenant hereby indemnifies and holds harmless Landlord and Landlord’s agents, employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) Protected Parties from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with claims asserted by any third party or arising from (1) any default by Tenant in the performance of any of the terms of this Lease on Tenant’s part to be performed, or (2) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming under Tenant, or (3) any acts, acts or omissions resulting from or arising out of the gross negligence or willful misconduct of Tenant or any such personTenant, or the contractors, agents, employees, invitees, licensees, assignees or sublessees of Tenant or any such personTenant, or (4) any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring in or about the Demised Premises. Tenant’s obligations under this Section 11.2 shall survive the expiration or earlier termination of this Lease.
(d) After Tenant’s review and approval for accuracy, Tenant shall pay to Landlord as Additional Rent, within 20 thirty (30) days after submission receipt by Landlord to Tenant of bills or statements therefor, sums equal to all losses, costs, liabilities, claims, damages, fines, penalties and expenses referred to in this Section 11.2. Tenant shall be deemed to have approved such Additional Rent charge if Tenant does not notify landlord of any objections as to accuracy within such 30 days.
Appears in 1 contract
Samples: Lease Agreement (KMG America CORP)
Indemnity and Non-Liability. (ai) Neither Landlord nor Landlord’s 's agents (including, without being limited, to the Managing Agent), employees, contractors, officers, trustees, directors, shareholders, partners nor any Lessor or principals (disclosed or undisclosed) Mortgagee shall be liable to Tenant or Tenant’s agents, employees, contractors, invitees or licensees 's agents or any other occupant of the Demised Premises, and Tenant shall save indemnify and hold harmless Landlord, its any Lessor and Mortgagee, their successors and assigns and their respective agents, employees, contractors, officers, trustees, directors, shareholders, partners and principals (disclosed or undisclosed) harmless agents from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ attorney's fees and disbursements), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s 's property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighborhood neighboring property or caused by operations in construction of any private, public or quasi-public work) unless due to the gross negligence or willful misconduct of Landlord or Landlord’s agents or employees's agents. However, even if such loss or damage is caused by the gross negligence or willful misconduct of Landlord, Landlord or its agents or employeesagents, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. To the extent of Tenant’s 's insurance coverage, Landlord, Landlord and its agents and employees, shall not be liable, liable for any loss or damage to any person or property due to the gross negligence or willful misconduct of Landlord, Landlord or its agents or employeesagents.
(bii) Neither any (1A) performance by Landlord, Tenant or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments or decorations in or to the Property Project, the Buildings equipment and systems or the Building, the Building equipment and systems, the Common Areas or the Demised Premises, (2B) failure of Landlord or others to make any such repairs or improvements, (3C) damage to the Property or the BuildingProject, the Building equipment and or systems, the Common Areas, the Demised Premises or Tenant’s 's property, (4D) injury to any persons, persons caused by other tenants or persons in the BuildingBuildings, or by operations in the construction of any private, public, or quasi-public work, or by any other cause, (5E) latent defect in the BuildingBuildings, the Building equipment and or systems, the Common Areas or the Demised Premises, nor (6F) inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s 's business by reason of any of the events or occurrences referred to in the foregoing subdivisions (1A) through (5) E), shall impose any liability on Landlord to Tenant, Tenant other than, subject to Section 24.10 Sections 31.k. and 31.l. hereof, such liability as may be imposed upon Landlord by law for Landlord’s gross negligence or the gross negligence of Landlord or Landlord’s 's agents or employees in the operation or maintenance of the Building, Project or the Building equipment and or systems or the Common Areas or for the breach by Landlord of any express covenant of this Lease on Landlord’s 's part to be performed.
(ciii) Tenant hereby indemnifies and holds harmless Landlord and Landlord’s agents, employees, contractors, officers, trustees, directors, shareholders, partners 's agents and Lessors or principals (disclosed or undisclosed) Mortgagees from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ attorney's fees and disbursements), penalty or fine incurred in connection with claims asserted by any third party or arising from (1A) any default by Tenant in the performance of any of the terms of this Lease on Tenant’s 's part to be performed, or (2B) any acts, omissions or negligence of or the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant, any assignee, sublessee, invitee or other person claiming by, through or under Tenant or any person claiming under Tenantof their respective agents, or (3) any acts, omissions or negligence of Tenant or any such person, or the contractors, agents, employees, invitees, licensees, assignees or sublessees of Tenant or any such person, or (4C) any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring in or about the Demised Premises, or (D) any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring in or about the Project, resulting or claimed to have resulted from an act or omission of Tenant, or any of their respective agents. Tenant’s 's obligations under this Section 11.2 8 shall survive the expiration or earlier termination of this Lease.
(div) Tenant shall pay to Landlord as Additional Rent, within 20 5 days after submission by Landlord to Tenant of bills or statements therefor, sums equal to all losses, costs, liabilities, claims, damages, fines, penalties and expenses referred to in this Section 11.28.b.
Appears in 1 contract
Indemnity and Non-Liability. (a) Neither Landlord nor Landlord’s 's agents (including, without being limited, to the Managing Agent), employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) shall be liable to Tenant or Tenant’s 's agents, employees, contractors, invitees or licensees or any other occupant of the Demised Premises, and Tenant shall save Landlord, its successors and assigns and their respective agents, employees, contractors, officers, trustees, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ ' fees and disbursements), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s 's property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighborhood property or caused by operations in construction of any private, public or quasi-public work) unless due to the gross negligence or willful misconduct of Landlord or Landlord’s 's agents or employees. However, even if such loss or damage is caused by the gross negligence or willful misconduct of Landlord, its agents or employees, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. To the extent of Tenant’s 's insurance coverage, Landlord, and its agents and employees, shall not be liable, for any loss or damage to any person or property due to the gross negligence of Landlord, its agents or employees.
(b) Neither any (1) performance by Landlord, Tenant or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments or decorations in or to the Property or the Building, the Building equipment and systems, the Common Areas or the Demised Premises, (2) failure of Landlord or others to make any such repairs or improvements, (3) damage to the Property or the Building, the Building equipment and systems, the Common Areas, the Demised Premises or Tenant’s 's property, (4) injury to any persons, caused by other tenants or persons in the Building, or by operations in the construction of any private, public, or quasi-public work, or by any other cause, (5) latent defect in the Building, the Building equipment and systems, the Common Areas or the Demised Premises, nor (6) inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s 's business by reason of any of the events or occurrences referred to in the foregoing subdivisions (1) through (5) shall impose any liability on Landlord to Tenant, other than, subject to Section 24.10 hereof, such liability as may be imposed upon Landlord by law for Landlord’s 's gross negligence or the gross negligence of Landlord’s 's agents or employees in the operation or maintenance of the Building, the Building equipment and systems or the Common Areas or for the breach by Landlord of any express covenant of this Lease on Landlord’s 's part to be performed. No representation, guaranty or warranty is made or assurance given that the communications or security systems, devices or procedures of the Building will be effective to prevent injury to Tenant or any other person or damage to, or loss (by theft or otherwise) of, any of Tenant's property or of the property of any other person, and Landlord reserves the right to discontinue or modify at any time such communications or security systems or procedures without liability to Tenant.
(c) Tenant hereby indemnifies and holds harmless Landlord and Landlord’s 's agents, employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ ' fees and disbursements), penalty or fine incurred in connection with claims asserted by any third party or arising from (1) any default by Tenant in the performance of any of the terms of this Lease on Tenant’s 's part to be performed, or (2) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming under Tenant, or (3) any acts, omissions or negligence of Tenant or any such person, or the contractors, agents, employees, invitees, licensees, assignees or sublessees of Tenant or any such person, or (4) any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring in or about the Demised Premises. Tenant’s 's obligations under this Section 11.2 shall survive the expiration or earlier termination of this Lease.
(d) Tenant shall pay to Landlord as Additional Rent, within 20 15 days after submission by Landlord to Tenant of bills or statements therefor, sums equal to all losses, costs, liabilities, claims, damages, fines, penalties and expenses referred to in this Section 11.2.
Appears in 1 contract
Indemnity and Non-Liability. (aA) Neither Landlord nor Landlord’s agents (including, without being limited, to the Managing Agent)agents, employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) shall be liable to Tenant or Tenant’s agents, employees, contractors, invitees or licensees or any other occupant of the Demised Premises, and Tenant shall save Landlord, its successors and assigns and their respective agents, employees, contractors, officers, trustees, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s property or of the property of any other person, irrespective of the cause of such injury, damage or loss person (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighborhood property or caused by operations in construction of any private, public or quasi-public work) unless due ). Notwithstanding anything to the gross negligence or willful misconduct of Landlord or Landlord’s agents or employees. However, even if such loss or damage is caused by the gross negligence or willful misconduct of Landlord, its agents or employeescontrary in this Lease, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. To the extent of Tenant’s insurance coverage, Landlord, and its agents and employees, shall not be liable, for any loss or damage to any person or property due to the gross negligence of Landlord, its agents or employeesdamages.
(bB) Neither any (1) performance by Landlord, Tenant or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments or decorations in or to the Property or the Building, the Building equipment and systems, the Common Areas or the Demised Premises, (2) failure of Landlord or others to make any such repairs or improvements, (3) damage to the Property or the Building, the Building equipment and systems, the Common Areas, the Demised Premises or Tenant’s property, (4) injury to any persons, caused by other tenants or persons in the Building, or by operations in the construction of any private, public, or quasi-public work, or by any other cause, (5) latent defect in the Building, the Building equipment and systems, the Common Areas or the Demised Premises, nor (6) inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the foregoing subdivisions (1) through (5) shall impose any liability on Landlord to Tenant. No representation, other thanguaranty or warranty is made or assurance given that the communications or security systems, subject to Section 24.10 hereof, such liability as may be imposed upon Landlord by law for Landlord’s gross negligence devices or the gross negligence of Landlord’s agents or employees in the operation or maintenance procedures of the BuildingBuilding will be effective to prevent injury to Tenant or any other person or damage to, or loss (by theft or otherwise) of, any of Tenant’s property or of the Building equipment property of any other person, and Landlord reserves the right to discontinue or modify at any time such communications or security systems or procedures without liability to Tenant. The foregoing shall not, however, abrogate Tenant’s self-help rights as and to the Common Areas or for the breach by Landlord of any express covenant of this Lease on Landlord’s part to be performedextent specifically set forth in Section 17.4.
(cC) Tenant hereby indemnifies and holds harmless Landlord and Landlord’s agents, employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with claims asserted by any third party or arising from (1) any default by Tenant in the performance of any of the terms of this Lease on Tenant’s part to be performed, or (2) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming under Tenant, or (3) any acts, negligent acts or omissions or negligence of Tenant or any such person, or the contractors, agents, employees, invitees, licensees, assignees or sublessees of Tenant or any such person, or (4) any accident, injury or damage whatsoever caused to any person or to the property of any person and occurring in or about the Demised Premises, except, subject to Section 11.3, to the extent caused by the negligence of Landlord or Landlord’s agents, employees, contractors. Tenant’s obligations under this Section 11.2 shall survive the expiration or earlier termination of this Lease.
(dD) Tenant shall pay to Landlord as Additional Rent, within 20 five (5) days after submission by Landlord to Tenant of bills or statements therefor, sums equal to all losses, costs, liabilities, claims, damages, fines, penalties and expenses referred to in this Section 11.2.
(E) Subject to the provisions of Section 11.3, Landlord shall indemnify, hold harmless and defend Tenant from any and all losses, damages, claims or liability for any damage to any property or injury, illness or death of any person (including but not limited to Tenant’s employees) occurring in, on or about any part of the Property (including the Premises), when such damage, injury, illness or death is caused by the sole active negligence or willful misconduct of Landlord, its agents or employees. Landlord’s indemnity under this Section 11.2(E) shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Sublease (Intelepeer Inc)
Indemnity and Non-Liability. (a) Neither Landlord nor Landlord’s agents (including, without being limited, to the Managing Agent)'s agents, employees, contractors, officers, trustees, directors, shareholders, partners partners, or principals (disclosed or undisclosed) shall be liable to Tenant or Tenant’s 's agents, employees, contractors, invitees invitees, or licensees or any other occupant of the Demised Leased Premises, and Tenant shall save Landlord, its successors and assigns and their respective agents, employees, contractors, officers, trustees, directors, shareholders, partners partners, and principals (disclosed or undisclosed) harmless from for any loss, cost, liability, cause of action, claim, damage, expense (including reasonable attorneys’ ' fees and disbursements), penalty penalty, fine or fine judgment incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, to or loss (by theft or otherwise) of, of any of Tenant’s 's property or of the property of any other person, irrespective of the cause of such injury, damage damage, or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighborhood neighboring property or caused by operations in construction of any private, public public, or quasi-public work) unless due to the gross negligence or willful misconduct intentional acts of Landlord or Landlord’s 's agents or employees. However, even if such loss or damage is caused by the gross negligence or willful misconduct of Landlord, its agents or employees, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. To Landlord and its agents and employees shall not be liable, to the extent of Tenant’s 's insurance coverage, Landlord, and its agents and employees, shall not be liable, for any loss or damage to any person or property even if due to the gross negligence or intentionally tortious conduct of Landlord, its agents or employees.
(b) Neither any (1i) performance by Landlord, Tenant Tenant, or others of any repairs, improvements, alterations, additions, installations, substitutions, betterments betterments, or decorations in or to the Property Building, Building equipment, or the Building, the Building equipment and systems, the Common Areas or the Demised Leased Premises, (2ii) failure of Landlord or others to make any such repairs or improvements, (3iii) damage to the Property or the Building, the Building equipment and systemsequipment, the Common AreasLeased Premises, the Demised Premises or Tenant’s 's property, (4iv) injury to any persons, persons caused by other tenants or persons in the Building, or by operations in the construction of any private, public, or quasi-public work, or by any other cause, (5v) latent defect in the Building, the Building equipment and systemsequipment, the Common Areas or the Demised Leased Premises, nor (6vi) inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s 's business by reason of any of the events or occurrences referred to in the foregoing subdivisions (1i) through (5v) shall impose any liability on Landlord to by Tenant, other than, subject to Section 24.10 hereof, except such liability as may be imposed upon Landlord Landlord: (1) by law for Landlord’s gross 's negligence or the gross negligence of Landlord’s Landlord or its agents or employees in the operation or maintenance of the Building, Building or the Building equipment and systems equipment; or the Common Areas or (2) for the breach by Landlord of any express covenant of this Lease on Landlord’s 's part to be performed. No representation, guaranty, or warranty is made or assurance given that the security systems, devices, or procedures of the Building will be effective to prevent injury to Tenant or any other person or damage to, or loss (by theft or otherwise) of, any of Tenant's property or of the property of any other person, and Landlord reserves the right to discontinue or modify at any time such security systems or procedures, if any, without liability to Tenant. Landlord will provide Tenant with reasonable advance notice prior to discontinuing such security systems.
(c) Subject to Paragraph 10.4 below, Tenant hereby indemnifies agrees to indemnify, defend, and holds harmless Landlord and hold Landlord’s agents, its employees, contractors, officers, trustees, directors, shareholders, partners or principals (disclosed or undisclosed) from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with claims asserted by any third party arising from (1) any default by Tenant in the performance of any of the terms of this Lease on Tenant’s part to be performed, or (2) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming under Tenant, or (3) any acts, omissions or negligence of Tenant or any such person, or the contractors, agents, employeesand contractors harmless from all liability, invitees, licensees, assignees or sublessees of Tenant or any such personcosts, or (4) any accidentexpenses, injury or including attorneys' fees, on account of damage whatsoever caused to any the person or to the property of any third party, including any other tenant in the Building, to the extent caused by the acts or omissions of Tenant, its employees, agents or contractors. Subject to Paragraph 10.4 below, Landlord agrees to indemnify, defend, and hold Tenant, its employees, agents, and contractors harmless from all liability, costs, or expenses, including attorneys' fees, on account of damage to the person and occurring or property of any third party, including any other tenant in the Building, to the extent caused by the acts or about the Demised Premises. Tenant’s obligations under this Section 11.2 shall survive the expiration omissions of Landlord, its employees, agents or earlier termination of this Leasecontractors.
(d) Tenant shall pay to Landlord as Additional Rent, within 20 five days after submission following rendition by Landlord to Tenant of bills or statements therefor, sums equal to all losses, costs, liabilities, causes of action, claims, damages, expenses, fines, penalties penalties, and expenses judgments referred to in this Section 11.210.
Appears in 1 contract
Samples: Lease Agreement (Inflow Inc)
