Common use of Indemnity by Landlord Clause in Contracts

Indemnity by Landlord. Subject to Xxxxxxxxx 00.0, Xxxxxxxx shall indemnify, defend and hold harmless Tenant and Tenant’s employees from and against all demands, claims, causes of action, judgments, losses, damages, liabilities, fines, penalties, costs and expenses, including attorneys’ fees, arising from either of the following: (a) the occupancy or use of any portion of the Property by Landlord or Landlord’s employees, agents or contractors (including, without limitation, any slip and fall or other accident on the Property involving Landlord or Landlord’s employees, agents or contractors), unless directly and proximately caused by Tenant or Tenant’s Occupants; or (b) any Hazardous Materials deposited, released or stored by Landlord or Landlord’s employees, agents or contractors on the Property. If any action or proceeding is brought against Tenant or Tenant’s employees by reason of any of the matters set forth in the preceding sentence that creates an obligation under the preceding sentence for Landlord to defend, Landlord, on notice from Tenant, shall defend Tenant and Tenant’s employees at Landlord’s sole cost and expense with competent and licensed legal counsel reasonably satisfactory to Tenant, but selected by Landlord. The provisions of this Paragraph 11.2 shall survive Lease end. Notwithstanding anything contained in this Paragraph 11 to the contrary, the indemnities set forth in this Paragraph 11 shall not cover employees of Federal Express, United Parcel Service, the United States Postal Service or other mail/package courier companies who enter onto the Property to service multiple tenants of the Building or the Building generally.

Appears in 3 contracts

Samples: Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.)

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Indemnity by Landlord. Subject to Xxxxxxxxx 00.0, Xxxxxxxx shall indemnify, defend and hold harmless Tenant and Tenant’s agents, officers and employees from and against all demands, claims, causes of action, judgments, losses, damages, liabilities, fines, penalties, costs and expenses, including attorneys’ fees, arising from either of the following: (a) the occupancy occupancy, management, operation or use of any portion of the Property (other than the Premises) by Landlord or Landlord’s employees, agents or contractors (including, without limitation, any slip and fall or other accident on the Property involving Landlord or Landlord’s employees, agents or contractors), unless directly and proximately caused by Tenant or Tenant’s Occupants; or (b) any Hazardous Materials deposited, released or stored by Landlord or Landlord’s employees, agents or contractors on the Property. If any action or proceeding is brought against Tenant or Tenant’s employees by reason of any of the matters set forth in the preceding sentence that creates an obligation under the preceding sentence for Landlord to defend, Landlord, on notice from Tenant, shall defend Tenant and Tenant’s employees at Landlord’s sole cost and expense with competent and licensed legal counsel reasonably satisfactory to Tenant, but selected by Landlord. The provisions of this Paragraph 11.2 shall survive Lease end. Notwithstanding anything contained in this Paragraph 11 to the contrary, the indemnities set forth in this Paragraph 11 shall not cover employees of Federal Express, United Parcel Service, the United States Postal Service or other mail/package courier companies who enter onto the Property to service multiple tenants of the Building or the Building generally.

Appears in 1 contract

Samples: Lease Agreement

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