Common use of Indemnity by Landlord Clause in Contracts

Indemnity by Landlord. Landlord shall indemnify and save harmless Tenant from and against any and all claims and demands, including, but not limited to, attorneys' fees and costs attendant thereto, at all trial and appellate levels, whether for injuries to persons or loss of life, or damage to property, occurring within the Premises and immediately adjoining the Premises and arising out of the ownership, use and occupancy of the Premises or Building by Landlord, or occasioned wholly or in part by any act or omission of Landlord, its agents, contractors, employees, servants, licensees or concessionaires, excepting however such claims and demands, whether for injuries to persons or loss of life, or damage to property, caused solely by the gross negligence or willful misconduct of Tenant. If, however, any liability arises in the Common Areas because of the negligence of Landlord, Landlord's agents, employees, contractors, invitees, customers or visitors, then in such event Landlord shall hold Tenant harmless. In case Tenant shall, without fault on its part, be made a party to any litigation commenced by or against Landlord, then Landlord shall protect and hold Tenant harmless and shall pay all costs, expenses and reasonable attorneys' fees and costs attendant thereto, at all trial and appellate levels, incurred or paid by Tenant in connection with such litigation. ------------------/---------------- LANDLORD TENANT

Appears in 1 contract

Samples: Office Lease (Star Telecommunications Inc)

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Indemnity by Landlord. Landlord shall indemnify indemnify, protect, defend and save harmless hold harmless, Tenant and its officers, directors, members, shareholders, partners, agents, attorneys and employees (collectively, "Tenant Indemnified Parties"), from and against any and all claims and claims, suits, demands, includingliability, but not limited todamages and expenses, including reasonable and actual attorneys' fees and costs attendant thereto(collectively, "Tenant Indemnified Claims"), arising from or in connection with any activity or omission by or on behalf of Landlord in or about the Premises, the Building or any part of the Property, or arising from any breach or default in the performance of any obligation on Landlord’s part to be performed under the terms of this Lease. If any action or proceeding is brought against any of the Tenant Indemnified Parties in connection with any Tenant Indemnified Claims, Landlord, upon notice from Tenant, shall defend the same at Landlord’s reasonable and actual expense with counsel approved by Tenant, which approval shall not be unreasonably withheld. Landlord’s obligations under this Article 16.3 shall survive the expiration or earlier termination of this Lease. This indemnification by Landlord shall extend to and be applicable, and the Tenant Indemnified Parties shall be indemnified regardless of whether or not such Indemnified Claim is made by or on behalf of an employee of Landlord. 17. Definition of Landlord. The term "Landlord" as used in this Lease, so far as covenants or obligations on the part of Landlord are concerned, shall be limited to mean and include only the owner or owners, at all trial and appellate levelsthe time in question, whether for injuries to persons or loss of life, or damage to property, occurring within the Premises and immediately adjoining the Premises and arising out of the ownership, use and occupancy fee title of the Premises or Building by Landlordthe lessees under ground leases of the Land or master leases of the Building, if any. In the event of any transfer, assignment or occasioned wholly other conveyance of any such title, Landlord herein named (and in case of any subsequent transfer or conveyance, the then grantor) shall be automatically freed and relieved from and after the date of such transfer, assignment or conveyance of all liability for the performance of any covenant or obligation on the part of Landlord contained in part by this Lease thereafter to be performed. Without further agreement, the transferee of such title shall be deemed to have assumed and agreed to observe and perform any act or omission and all obligations of LandlordLandlord hereunder, during its agents, contractors, employees, servants, licensees or concessionaires, excepting however such claims and demands, whether for injuries to persons or loss ownership of life, or damage to property, caused solely by the gross negligence or willful misconduct of TenantPremises. If, however, any liability arises Landlord may transfer its interest in the Common Areas because Premises without the consent of the negligence Tenant and such transfer or subsequent transfer shall not be deemed a violation on Landlord’s part of Landlord, Landlord's agents, employees, contractors, invitees, customers any term or visitors, then in such event Landlord shall hold Tenant harmlesscondition of this Lease. In case Tenant shall, without fault on its part, be made a party to any litigation commenced by or against Landlord, then Landlord shall protect and hold Tenant harmless and shall pay all costs, expenses and reasonable attorneys' fees and costs attendant thereto, at all trial and appellate levels, incurred or paid by Tenant in connection with such litigation. ------------------/---------------- LANDLORD TENANT18.

Appears in 1 contract

Samples: Office Lease (Lincoln National Corp)

Indemnity by Landlord. Landlord shall indemnify and save hold Tenant and Tenant's officers, directors, employees, agents, successors and assigns, harmless Tenant from and against any and all claims and demandsclaims, includingliabilities, but not limited topenalties, judgments, forfeitures, losses, costs or expenses (including attorneys' fees and costs attendant theretofees), arising from or caused in whole or in part, directly or indirectly, by the presence, discharge or release of Hazardous Substances in, on, under or about the Premises established by the Baseline Environmental Assessment as being present on the Premises as of the date of the 1993 Lease or which Tenant proves was caused by Landlord after the date of the 1993 Lease. Landlord will defend Tenant against any cost, claim or liability arising under this Section 18.6.2, at all trial and appellate levelsLandlord's expense, whether for injuries with counsel reasonably acceptable to persons or loss of lifeTenant, or damage to propertyat Tenant's election, occurring within the Premises and immediately adjoining the Premises and arising out of the ownership, use and occupancy of the Premises will reimburse Tenant for any legal fees or Building by Landlord, or occasioned wholly or in part by any act or omission of Landlord, its agents, contractors, employees, servants, licensees or concessionaires, excepting however such claims and demands, whether for injuries to persons or loss of life, or damage to property, caused solely by the gross negligence or willful misconduct of Tenant. If, however, any liability arises in the Common Areas because of the negligence of Landlord, Landlord's agents, employees, contractors, invitees, customers or visitors, then in such event Landlord shall hold Tenant harmless. In case Tenant shall, without fault on its part, be made a party to any litigation commenced by or against Landlord, then Landlord shall protect and hold Tenant harmless and shall pay all costs, expenses and reasonable attorneys' fees and costs attendant thereto, at all trial and appellate levels, reasonably incurred or paid by Tenant in connection with any such litigationclaim. ------------------/---------------- LANDLORD TENANTLandlord's obligations hereunder shall 28 MENTOR GRAPHICS CORP./IN FOCUS SYSTEMS, INC. - COMMERCIAL LEASE include, without limitation, and whether foreseeable or unforeseeable, all costs of any remedial action, repair, cleanup, detoxification or decontamination of the Premises and adjacent property, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith. Any acts or omissions of Landlord, or by employees, agents, assignees, tenants, contractors of subcontractors of Landlord, or others who act on behalf of Landlord (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Landlord. The obligations of Landlord hereunder shall survive the expiration or earlier termination of this Lease Agreement and any extensions thereof.

Appears in 1 contract

Samples: Commercial Lease (In Focus Systems Inc)

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Indemnity by Landlord. Landlord shall indemnify indemnify, defend and save hold harmless Tenant from and against any and all claims and demandsclaims, losses, liabilities, fines, penalties, damages, costs or expenses (including, but not limited towithout limitation, attorneys' and consultants' fees and costs attendant thereto, at all trial and appellate levels, whether for injuries to persons or loss of life, or damage to property, occurring within the Premises and immediately adjoining the Premises and costs) arising out of or in connection with Hazardous Material that come to be present at or about the ownershipPremises through the acts or omissions of Landlord or its employees, use tenants (including subtenants and occupancy assignees), invitees, agents or contractors. Further, if Tenant terminates this Lease in connection with or arising out of Hazardous Materials present at or about the Premises or Building Project or the soil or groundwater thereof on the Commencement Date, in addition to Landlord's other obligations hereunder, Landlord shall be obligated to reimburse Tenant for the unamortized cost of the Interior Improvements at the Premises paid for by LandlordTenant. Further, Landlord shall indemnify, defend and hold harmless Tenant from: (i) all costs and expenses (including attorney's and consultants fees and costs) associated with the investigation, removal, monitoring or occasioned wholly remediation of Hazardous Materials not released, stored, disposed of, emitted or in part discharged by any act or omission of LandlordTenant, its agents, contractors, employees, servantscontractors or invitees in or about the Premises; and (iii) all claims, licensees liabilities or concessionairesobligations (including, excepting however such claims and demands, whether for injuries to persons or loss of life, or damage to property, caused solely by the gross negligence or willful misconduct of Tenant. If, howeverwithout limitation, any liability arises attorneys' and consultants' fees incurred in connection with the Common Areas because same) by or to any third party, including, without limitation, any governmental entity or body, associated with Hazardous Materials present on the Premises or the soil or groundwater thereof through no act of the negligence of Landlord, LandlordTenant or Tenant's agents, employees, contractors, contractors or invitees, customers . The obligations of Landlord and Tenant hereunder shall survive the expiration or visitors, then in such event Landlord shall hold Tenant harmless. In case Tenant shall, without fault on its part, be made a party to any litigation commenced by or against Landlord, then Landlord shall protect and hold Tenant harmless and shall pay all costs, expenses and reasonable attorneys' fees and costs attendant thereto, at all trial and appellate levels, incurred or paid by Tenant in connection with such litigation. ------------------/---------------- LANDLORD TENANTearlier termination of the Lease Term.

Appears in 1 contract

Samples: Lease Agreement (Netro Corp)

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