Common use of Indemnity by Landlord Clause in Contracts

Indemnity by Landlord. Landlord shall defend and indemnify Tenant and save Tenant harmless from and against any and all claims against Tenant arising from (a) the nonperformance of any covenant or agreement on Landlord's part to be performed pursuant to the terms of this Lease, or (b) any act or negligence of Landlord or any of Landlord's agents, contractors, employees, invitees or licensees (but not including, in any event, other tenants of the Building and their respective agents, contractors, employees, invitees or licensees), and from and against all costs, counsel fees, expenses and liabilities incurred in any such claim or in any action or proceeding brought thereon; and in case any action or proceeding be brought against Tenant by reason of any such claim, Landlord, upon notice from Tenant, covenants to resist or defend at Landlord's expense such action or proceeding by counsel reasonably satisfactory to Tenant; provided that the foregoing provision shall not be construed to make Landlord responsible for loss, damage, liability or defense resulting from injuries to third parties to the extent caused by the negligence of Tenant or Tenant's contractors, licensees, employees, guests and invitees. It is expressly understood and agreed that none of Landlord's covenants, undertakings and agreements under this Lease are made or intended as personal covenants, undertakings or agreements by Landlord, and any liability for damage or breach or nonperformance by Landlord shall be collectible only out of Landlord's interest in the Building, and no personal liability is assumed by or at any time may be asserted against Landlord.

Appears in 2 contracts

Samples: Ebs Building LLC, Ebs Building LLC

AutoNDA by SimpleDocs

Indemnity by Landlord. Except to the extent caused by the negligence or willful misconduct of Tenant or any of the Tenant Parties or any of Tenant’s members, partners, managers, shareholders, officers, directors, trustees or agents (all of the foregoing including Tenant and Tenant Parties are collectively referred to herein as the “Tenant Indemnitees”) and not covered by the insurance maintained by Landlord (and which would not have been so covered had Landlord maintained the insurance required to be maintained by Landlord under this Lease), Landlord shall defend indemnify, defend, and indemnify hold harmless Tenant and save the Tenant harmless Indemnitees from and against any all losses, liabilities, damages, costs, expenses and all claims against Tenant arising from or relating to (a) any occurrence on the nonperformance common areas of any covenant or agreement on Landlord's part to be performed pursuant to the terms of this LeaseProject, or (b) any act claim arising from the negligence or negligence willful misconduct of Landlord or any of Landlord's agents, contractors, employees, invitees or licensees the Landlord Parties and not covered by the insurance maintained by Tenant (but and which would not including, in any event, other tenants of have been so covered had Tenant maintained the Building and their respective agents, contractors, employees, invitees or licenseesinsurance required to be maintained by Tenant under this Lease), and from and against (c) all reasonable costs, counsel attorneys’ fees, expenses and liabilities incurred in any or about such claim claims or in any action or proceeding brought thereon; and in . In case any action or proceeding shall be brought against any of the Tenant Indemnitees by reason of any such claim, Landlord, Landlord upon written notice from Tenant, covenants to resist or Tenant shall defend the same at Landlord's ’s expense such action or proceeding by counsel reasonably satisfactory to approved in writing by Tenant; provided that the foregoing provision shall not be construed to make Landlord responsible for loss, damage, liability or defense resulting from injuries to third parties to the extent caused by the negligence of Tenant or Tenant's contractors, licensees, employees, guests and invitees. It is expressly understood and agreed that none of Landlord's covenants, undertakings and agreements under this Lease are made or intended as personal covenants, undertakings or agreements by Landlord, and any liability for damage or breach or nonperformance by Landlord shall be collectible only out of Landlord's interest in the Building, and no personal liability is assumed by or at any time may be asserted against Landlord.

Appears in 2 contracts

Samples: Belvedere Place (Redwood Trust Inc), Belvedere Place (Redwood Trust Inc)

Indemnity by Landlord. To the extent permitted by Law, Landlord shall hereby indemnifies, and agrees to protect, defend and indemnify hold Tenant and save its directors, officers and employees (the “Tenant harmless from and Indemnitees”) harmless, against any and all claims against Tenant actions, claims, demands, liability, costs and expenses, including reasonable attorneys’ fees and expenses for the defense thereof, to the extent arising from (a) the nonperformance undertaking by Landlord of the Landlord Work or repairs to the Premises or the Building, or from any breach or default on the part of Landlord in the performance of any covenant or agreement on Landlord's the part of Landlord to be performed pursuant to the terms of this Lease, or (b) from any willful act or the active negligence of Landlord Landlord, its agents, contractors and employees, in or about the Premises or the Property or any part of Landlord's agents, contractors, employees, invitees or licensees (but not including, in any event, other tenants either. In case of the Building and their respective agents, contractors, employees, invitees or licensees), and from and against all costs, counsel fees, expenses and liabilities incurred in any such claim or in any action or proceeding brought thereon; and in case any action or proceeding be brought against the Tenant Indemnitees by reason of any such claim, Landlord, upon notice from Tenant, Landlord covenants to resist or defend at Landlord's expense such action or proceeding by counsel reasonably satisfactory to Tenant; provided that the chosen by Landlord. The foregoing provision indemnity shall not be construed operate to make Landlord responsible for loss, damage, relieve Tenant Indemnitees of liability or defense resulting from injuries to third parties to the extent such liability is caused by the negligence willful and wrongful act of Tenant Indemnitees. Further, the foregoing indemnity is subject to and shall not diminish any waivers in effect in accordance with Section 16.4 by Tenant or Tenant's contractorsits insurers to the extent of amounts, licenseesif any, employees, guests and invitees. It is expressly understood and agreed that none of Landlord's covenants, undertakings and agreements paid to Tenant under this Lease are made or intended as personal covenants, undertakings or agreements by Landlord, and any liability for damage or breach or nonperformance by Landlord shall be collectible only out of Landlord's interest in the Building, and no personal liability is assumed by or at any time may be asserted against Landlordits “All-Risks” property insurance.

Appears in 1 contract

Samples: Lease (Amyris Biotechnologies Inc)

Indemnity by Landlord. Landlord shall defend defend, indemnify and indemnify hold Tenant and save Tenant --------------------- harmless from and against any and all claims against Tenant suits, claims, and demands arising from (a) out of injury or damage occurring at the nonperformance Demised Premises or the Building because of any covenant the negligence or agreement on willful acts of Landlord's part to be performed pursuant to the terms of this Lease, its agents, servants, employees, or (b) any act invitees or negligence of Landlord or any because of Landlord's agentsbreach of any obligation under this Lease. In the event Tenant is notified of a claim, contractors, employees, invitees or licensees (but not including, in any event, other tenants of the Building and their respective agents, contractors, employees, invitees or licensees), and from and against all costs, counsel fees, expenses and liabilities incurred in any such claim or in any action or proceeding brought thereon; proceeding, or becomes aware of an occurrence, which may result in indemnification by Landlord of Tenant as provided above, Tenant shall give prompt written notice thereof to Landlord. Tenant shall immediately forward to Landlord every demand, notice, summons or other process received by Tenant or its representatives. Landlord has the exclusive right and in case obligation to defend any action claim, action, or proceeding be brought against wherein Tenant by reason is entitled to indemnification under the provisions of this Article, but Landlord may settle any such claim, Landlord, upon notice from Tenant, covenants to resist or defend at Landlord's expense such action or proceeding by counsel reasonably satisfactory to only with Tenant; provided that the foregoing provision 's prior written consent or approval, which shall not be construed to make unreasonably withheld. Tenant will fully cooperate with Landlord responsible for loss, damage, liability or defense resulting from injuries to third parties to the extent caused by the negligence of Tenant or Tenant's contractors, licensees, employees, guests and invitees. It is expressly understood and agreed that none of Landlord's covenants, undertakings and agreements under this Lease are made or intended as personal covenants, undertakings or agreements by Landlord, and any liability for damage or breach or nonperformance by Landlord shall be collectible only out of Landlord's interest in the Buildingdefense or settlement of any claim, and no personal liability is assumed by action, or at any time may be asserted against Landlordproceeding.

Appears in 1 contract

Samples: Recognition and Attornment Agreement (Microsoft Corp)

AutoNDA by SimpleDocs

Indemnity by Landlord. Landlord shall defend defend, indemnify and indemnify Tenant and save hold --------------------- Tenant harmless from and against any and all claims against Tenant suits, claims, and demands arising from (a) out of injury or damage occurring at the nonperformance Demised Premises or the Building because of any covenant the negligence or agreement on willful acts of Landlord's part to be performed pursuant to the terms of this Lease, its agents, servants, employees, or (b) any act invitees or negligence of Landlord or any because of Landlord's agentsbreach of any obligation under this Lease. Landlord shall defend, contractorsindemnify and hold Tenant harmless from and against any and all suits, employees, invitees or licensees (but not including, in claims and demands by any event, other tenants tenant of the Building arising out of the performance of Tenant's obligations pursuant to this Lease to provide utilities, janitorial and their respective agentsmaintenance services to the Building and its associated grounds. In the event Tenant is notified of a claim, contractors, employees, invitees or licensees), and from and against all costs, counsel fees, expenses and liabilities incurred in any such claim or in any action or proceeding brought thereon; proceeding, or becomes aware of an occurrence, which may result in indemnification by Landlord of Tenant as provided above, Tenant shall give prompt written notice thereof to Landlord. Tenant shall immediately forward to Landlord every demand, notice, summons or other process received by Tenant or its representatives. Landlord has the exclusive right and in case obligation to defend any action claim, action, or proceeding be brought against wherein Tenant by reason is entitled to indemnification under the provisions of this Article, but Landlord may settle any such claim, Landlord, upon notice from Tenant, covenants to resist or defend at Landlord's expense such action or proceeding by counsel reasonably satisfactory to only with Tenant; provided that the foregoing provision 's prior written consent or approval, which shall not be construed to make unreasonably withheld. Tenant will fully cooperate with Landlord responsible for loss, damage, liability or defense resulting from injuries to third parties to the extent caused by the negligence of Tenant or Tenant's contractors, licensees, employees, guests and invitees. It is expressly understood and agreed that none of Landlord's covenants, undertakings and agreements under this Lease are made or intended as personal covenants, undertakings or agreements by Landlord, and any liability for damage or breach or nonperformance by Landlord shall be collectible only out of Landlord's interest in the Buildingdefense or settlement of any claim, and no personal liability is assumed by action, or at any time may be asserted against Landlordproceeding.

Appears in 1 contract

Samples: Recognition and Attornment Agreement (Microsoft Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!