Common use of Indemnity and Waiver of Subrogation Clause in Contracts

Indemnity and Waiver of Subrogation. Notwithstanding any insurance coverage carried by either of the parties hereto, Tenant agrees, at its sole cost and expense at all times during the term of this Lease, to defend, save and hold harmless Landlord, its officers contractors, agents, and employees, free, harmless, and indemnified from all injury, loss, claim and/or damage (including without limitation attorney’s fees and court costs) to any person or property arising from, related to, or in connection with, Tenant’s operations at the Premises, unless such injury, loss, claim or damage is caused by the acts, omission, negligence or willful misconduct of Landlord or Landlord’s agents, employees, contractors or licensees. Tenant shall indemnify and defend Landlord and hold it harmless from and against all losses, expenses, or claims arising out of injury to, or damage to property of, Tenant, its employees, members, managers, agents, customers, guests, invitees, or any other person on or about the Premises. Tenant hereby waives any and all rights of recovery against Landlord for loss or damage occurring in connection with or arising out of Tenant’s operations to the extent such loss or damage is covered by proceeds received from insurance required to be carried under this Lease. This waiver of subrogation shall be in addition to, and not in limitation or derogation of, any other waiver or release contained in this Lease with respect to any loss, damage or injury to person or property. This waiver of subrogation will apply to Tenant’s employees, agents and sub-contractors, and Tenant shall indemnify and hold Landlord harmless from any loss or expense, including attorney fees, resulting from the failure of Tenant to obtain such waiver from its individual employees, agents and sub-contractors. In as much as this waiver will preclude the assignment of any claims by way of subrogation to an insurance company, the parties shall immediately give, to each insurance company providing policy coverage pursuant to this Lease, written notice of the terms of this waiver of subrogation, and shall have each policy properly endorsed as may be needed to prevent the invalidation of coverage by reason of said waiver. The waivers, releases and indemnifications contained herein shall survive the termination or expiration of this Lease.

Indemnity and Waiver of Subrogation. Notwithstanding (a) Tenant covenants and agrees to indemnify and save harmless Owner and any insurance coverage carried managing agent, fee owner and any mortgagee and any lessor under any ground or underlying lease, and their respective contractors, agents, officers and employees, licensees and invitees, from and against any and all loss or liability (statutory or otherwise), claims, suits, demands, damages, judgments, costs, interest and expenses (including, but not limited to, counsel fees, witness fees and disbursements incurred in the defense of any action or proceeding), to which they may be subject or which they may suffer, by either reason of any claim for, any injury to, or death of, any person or persons (including, without limitation, Owner, its agents, contractors, employees, licensees and invitees) or damage to property (including any loss of use thereof) or otherwise arising from or in connection with the parties heretooccupancy or use of or from any work, Tenant agreesinstallation or thing whatsoever done in, at its sole cost or about the Demised Premises arising from and expense at all times during after the term execution of this Lease, to defendor resulting from any default by Tenant in the performance of Tenant's obligations under this Lease or from any act, save and hold harmless Landlordomission or negligence of Tenant or any of Tenant's officers, its officers contractorsdirectors, agents, and contractors, employees, freeSubtenants, harmlesslicensees or invitees (individually and collectively, "CLAIMS"). Tenant shall pay, satisfy and indemnified discharge any judgments, orders and decrees which may be recovered against Landlord, any lessor, or mortgagee in connection with a Claim within thirty days after the rendering thereof. This indemnity shall be construed so that Tenant shall defend and indemnify Owner at Tenant's expense, using counsel satisfactory to Owner, in each instance in which a Claim is made. Tenant shall be responsible for the protection of Owner under this clause as soon as a Claim is made. Tenant shall not be responsible for any damage or injury arising from all injury, loss, claim and/or damage (including without limitation attorney’s fees and court costs) to any person or property arising from, related to, or in connection with, Tenant’s operations at with the Premises, unless occupancy of the premises to the extent that such injury, loss, claim damage or damage injury is caused by Landlord's action or inaction, or the actsaction or inaction of any of Landlord's officers, omissiondirectors, negligence or willful misconduct of Landlord or Landlord’s agents, contractors, employees, contractors licensees or licensees. Tenant shall indemnify and defend Landlord and hold it harmless from and against all losses, expenses, or claims arising out of injury to, or damage to property of, Tenant, its employees, members, managers, agents, customers, guests, invitees, or any other person on or about the Premises. Tenant hereby waives any and all rights of recovery against Landlord for loss or damage occurring in connection with or arising out of Tenant’s operations to the extent such loss or damage is covered by proceeds received from insurance required to be carried under this Lease. This waiver of subrogation shall be in addition to, and not in limitation or derogation of, any other waiver or release contained in this Lease with respect to any loss, damage or injury to person or property. This waiver of subrogation will apply to Tenant’s employees, agents and sub-contractors, and Tenant shall indemnify and hold Landlord harmless from any loss or expense, including attorney fees, resulting from the failure of Tenant to obtain such waiver from its individual employees, agents and sub-contractors. In as much as this waiver will preclude the assignment of any claims by way of subrogation to an insurance company, the parties shall immediately give, to each insurance company providing policy coverage pursuant to this Lease, written notice of the terms of this waiver of subrogation, and shall have each policy properly endorsed as may be needed to prevent the invalidation of coverage by reason of said waiver. The waivers, releases and indemnifications contained herein shall survive the termination or expiration of this Lease.

Indemnity and Waiver of Subrogation. Notwithstanding (a) Owner covenants and agrees to indemnify and save harmless Tenant and any insurance coverage carried agents, officers and employees, licensees and invitees, of Tenant from and against any and all loss or liability (statutory or otherwise), claims, suits, demands, damages, judgments, costs, interest and expenses (including, but not limited to, counsel fees, witness fees and disbursements incurred in the defense of any action or proceeding), to which they may be subject or which they may suffer, by either reason of any claim for, any injury to, or death of, any person or persons (including, without limitation, Tenant, its agents, contractors, employees, licensees and invitees) or damage to property (including any loss of use thereof) arising from or in connection with the common areas of the parties hereto, Tenant agrees, at its sole cost Building arising from and expense at all times during after the term execution of this Lease, or resulting from any default by Owner in the performance of Owner’s obligations under this Lease or from any act, omission or negligence of Owner or any of Owner’s officers, directors, agents, contractors, employees, tenants, licensees or invitees (individually and collectively, “Claims”). Owner shall pay, satisfy and discharge any judgments, orders and decrees which may be recovered against Tenant within ninety days after the rendering thereof. This indemnity shall be construed so that Owner shall defend and indemnify Tenant at Owner’s expense, using counsel satisfactory to defendTenant, in each instance in which a Claim is made. Owner shall be responsible for the protection of Tenant under this clause as soon as a Claim is made. (b) Tenant covenants and agrees to indemnify and save harmless Owner and hold harmless Landlordany managing agent, its officers fee owner and any mortgagee and any lessor under any ground or underlying lease, and their respective contractors, agents, officers and employees, freelicensees and invitees, harmless, and indemnified from all injury, loss, claim and/or damage (including without limitation attorney’s fees and court costs) to any person or property arising from, related to, or in connection with, Tenant’s operations at the Premises, unless such injury, loss, claim or damage is caused by the acts, omission, negligence or willful misconduct of Landlord or Landlord’s agents, employees, contractors or licensees. Tenant shall indemnify and defend Landlord and hold it harmless from and against any and all lossesloss or liability (statutory or otherwise), expensesclaims, suits, demands, damages, judgments, costs, interest and expenses (including, but not limited to, counsel fees, witness fees and disbursements incurred in the defense of any action or claims arising out proceeding), to which they may be subject or which they may suffer, by reason of any claim for, any injury to, or death of, any person or persons (including, without limitation, Owner, its agents, contractors, employees, licensees and invitees) or damage to property of(including any loss of use thereof) or otherwise arising from or in connection with the occupancy or use of or from any work, installation or thing whatsoever done in, at or about the Demised Premises arising from and after the execution of this Lease, or resulting from any default by Tenant in the performance of Tenant’s obligations under this Lease or from any act, its employeesomission or negligence of Tenant or any of Tenant’s officers, members, managersdirectors, agents, customerscontractors, guestsemployees, inviteessubtenants, licensees or invitees (individually and collectively, “Owner Claims”). Tenant shall pay, satisfy and discharge any judgments, orders and decrease which may be recovered against Owner, any lessor, or mortgagee in connection with an Owner Claim within thirty days after the rendering thereof. This indemnity shall be construed so that Tenant shall defend and indemnify Owner at Tenant’s expense, using counsel satisfactory to Owner, in each instance in which an Owner Claim is made. Tenant shall be responsible for the protection of Owner under this clause as soon as an Owner Claim is made. (c) Owner shall not be responsible or liable to Tenant for any loss or damage resulting to Tenant or its property, or property under Tenant’s care and custody, for any reason, including (but not limited to) damage caused by water, steam, leakage, fire, theft, vandalism or the bursting, stoppage or overflow of any drain, water or sewer pipe, or sprinkler pipe or for any other person cause whatsoever other than Owner’s gross negligence. (d) Notwithstanding the foregoing, each party shall look first to any insurance in its favor before making any claim against the other party for recovery for loss or damage resulting from fire or other casualty. Owner and Tenant each hereby releases and waives all right of recovery against the other or any one claiming through or under each of them by way of subrogation or otherwise. The foregoing release and waiver shall be in force only if both releasors’ insurance policies contain a clause providing that such a release or waiver shall not invalidate the insurance. Tenant acknowledges that Owns will not carry insurance on Tenant’s furniture and/or furnishings or about any fixtures or equipment, improvements, or appurtenances removable by Tenant and agrees that Owner will not be obligated to repair any damage thereto or replace the Premisessame. Tenant hereby waives the provisions of any and all rights of recovery against Landlord for loss or damage occurring in connection with or arising out of Tenant’s operations law to the extent such loss or damage is covered by proceeds received from insurance required to be carried under this Lease. This waiver of subrogation shall be in addition to, contrary and not in limitation or derogation of, any other waiver or release contained in this Lease with respect to any loss, damage or injury to person or property. This waiver of subrogation will apply to Tenant’s employees, agents and sub-contractors, and Tenant shall indemnify and hold Landlord harmless from any loss or expense, including attorney fees, resulting from agrees that the failure of Tenant to obtain such waiver from its individual employees, agents and sub-contractors. In as much as this waiver will preclude the assignment of any claims by way of subrogation to an insurance company, the parties shall immediately give, to each insurance company providing policy coverage pursuant to this Lease, written notice of the terms provisions of this waiver of subrogation, Article shall govern and shall have each policy properly endorsed as may be needed to prevent the invalidation of coverage by reason of said waiver. The waivers, releases and indemnifications contained herein shall survive the termination or expiration of this Leasecontrol in lien thereof.