Indemnity by Lessee. Lessee shall indenmify and hold harmless Lessor and its officers, directors, and its employees from and against any and all claims for damage to the person or property of anyone or any entity arising from Lessee's use of the Building, Common Areas, Presto Facility or Premises or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee or Lessee's employees, agents, suppliers, shippers, customers and invitees in or about the Premises, Building, Common Areas, Presto Facility or elsewhere. Lessee shall further indemnify and hold harmless Lessor from and against any and all claims, costs and expenses arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this' Lease, or arising from any act or omission of Lessee, or any of Lessee's agents, contractors, employees, suppliers, shippers, customers or invitees, and from and against all costs and attorneys fees, expenses and liabilities incurred by Lessor as a result of any such use, conduct, activity, work, things done, permitted or suffered, breach, default or negligence and in dealing reasonably therewith, including, but not limited to the defense or pursuit of any claim or any action or proceeding involved therein. In case any action or proceeding be brought against Lessor by reason of any such matter, Lessee, upon notice from Lessor, shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense.
Indemnity by Lessee. If Lessee breaches its obligation stated in Section 34.15(b), or if the presence of Hazardous Materials in, upon, under or about the Premises or other portions of the Building caused or permitted by Lessee, Lessee's Employees or Lessee's sublessees or their invitees results in the contamination of the Premises or other portions of the Building, or if contamination of the Premises or other portions of the Building by Hazardous Materials otherwise occurs for which Lessee may be liable to Lessor for damages resulting therefrom, then Lessee shall indemnify, defend and hold Lessor and Lessor's Employees harmless from and against any and all liabilities, costs, expenses, claims, judgments, damages, penalties, fines or losses (including, without limitation, diminution in value of the Premises or other portions of the Building, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or other portions of the Building damages arising from any adverse impact on marketing of space in the Premises or other portions of the Building, and sums paid in settlement of claims, attorneys' fees, consultants' fees and experts' fees) which arise after the execution date of this Lease or during the Term of this Lease or after the Term of this Lease as a result of such contamination. This obligation of Lessee to indemnify, defend and hold Lessor harmless shall survive and extend beyond the expiration or earlier termination of this Lease. On each anniversary of the execution of this Lease, Lessee shall deliver to Lessor a list of all Hazardous Materials handled by Lessee, Lessee's Employees and/or Lessee's sublessees or their invitees in, upon, under or about the Premises or other portions of the Building, which list shall describe the type and quantity of each such Hazardous Materials.
Indemnity by Lessee. Lessee shall protect, indemnify and hold harmless Lessor, its officers, agents and employees from every kind and character of damages (including consequential damages), losses, expenses, demands, claims, and causes of action arising against Lessor, its officers, agents, employees and its subcontractors, their officers, agents, employees or any other persons, firm or corporation whatsoever, on account or personal injuries, death claims or damages to property arising from any cause whatsoever growing out of or incident to such equipment rental, including, but not limited to, any and all fines, penalties, costs, or losses, resulting from failure of Lessee to comply with environmental laws and/or resulting from pollution of contamination arising in connection with any work being done by Lessee utilizing the rental equipment, and Xxxxxx agrees to indemnify Lessor, WHETHER OR NOT SUCH INJURIES, DEATH OR DAMAGE RESULT FROM OR ARE CLAIMED TO HAVE RESULTED FROMTHE CONCURRENT OR SOLE NEGLIGENCE (IN ANY AMOUNT) OF LESSOR OR LESSOR'S OFFICERS, AGENTS, OR EMPLOYEES, OR LESSOR'S SUBCONTRACTORS, OFFICERS, AGENTS, OR EMPLOYEES, STRICT LIABILITY OR OTHER FAULT. Lessee at its own expense shall defend any suit or action brought against the Lessor based on any such alleged injury, death or damage, and shall pay all damages, costs and expense, including attorney's fees in connection therewith or in any manner resulting therefrom. The indemnities and other terms of this Section 10 shall survive termination of this Agreement for any reason whatsoever, and are granted without regard to, and without any right to contribution from, any insurance maintained
Indemnity by Lessee. Lessee covenants and agrees to hold the Lessor harmless from any and all loss, claims, damage, and liability to any person or property occurring upon or about the premises from any cause whatsoever.
Indemnity by Lessee. Lessee shall indemnify, hold harmless and defend Lessor from and against any and all claims, actions, damages, liability and expense ( including, but not limited to, fees of attorneys and other professional fees) in connection with:
(i) any failure of Lessee to perform its obligations as provided in paragraph 9(g);
(ii) any loss of life, personal injury and/or damage to property arising from out of the occupancy or use by Lessee (or any other party using the Premises under Lessee) of the Premises or any part thereof, occasioned wholly or in party by any act or omission of the Lessee, its officers, employees, contractors, agents or invitees; or
(iii) by any failure of Lessee to abide by or perform any other term, covenant or condition of this Lease.
Indemnity by Lessee. LESSEE AGREES TO INDEMNIFY AND HOLD LESSOR OR ANY ASSIGNEE HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, EXPENSES, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR IN ANY MANNER PERTAINING TO THE EQUIPMENT OR THIS MASTER LEASE INCLUDING, WITHOUT LIMITATION, THE OWNERSHIP, SELECTION, POSSESSION, PURCHASE, DELIVERY, INSTALLATION, LEASING, OPERATION, USE, CONTROL, MAINTENANCE AND RETURN OF THE EQUIPMENT AND THE RECOVERY OF CLAIMS UNDER INSURANCE POLICIES. Lessee acknowledges that the Equipment is owned by Lessor ("Owner"). It is the intent of Owner/Lessor and Lessee that this Lease constitute a true lease for Federal income tax purposes so that, for the purpose of determining its liability for Federal income taxes, Owner shall be entitled to the tax benefits as are provided by the Internal Revenue Code of 1986, as amended, (the "Code") to an owner of personal property. In addition notwithstanding any other provision of this Master Lease, if as to any Equipment, the modified accelerated cost recovery system or depreciation deductions allowed under the Code shall be lost, disallowed, eliminated, reduced, recaptured or otherwise unavailable to Lessor for any reason, then Lessee shall pay to Lessor as additional rent within 30 days after such a loss an amount equal to the sum of (i) the additional federal, state, local and foreign income or any other taxes payable as a result of such loss, disallowance, elimination, reduction, recapture or unavailability of accelerated cost recovery or depreciation deductions plus (ii) the amount of any interest, penalties or additions to tax payable by the Lessor as a result of such additional tax. The indemnities given and liabilities assumed by the Lessee pursuant to this Section 18 shall continue in full force and effect notwithstanding the expiration or other termination of this Master Lease.
Indemnity by Lessee. The Lessee shall indemnify the Lessor from and against (i) all claims, demands, actions, proceedings, judgements, damages, losses, costs and expenses of any nature (excluding any indirect and special losses) which the Lessor may suffer or incur for death, injury, loss and/or damage caused by, and (ii) all penalties or fines imposed by any relevant Authority resulting from:
3.19.1 any occurrences in the Premises or the use or occupation of the Premises by the Lessee or by any of the Lessee’s employees, independent contractors, agents or any permitted occupier (including those caused directly by the use or misuse, waste or abuse of the Utilities or faulty fittings or fixtures); or
3.19.2 any default by the Lessee in complying with the provisions of this Lease, provided that such claims, demands, actions, proceedings, judgements, damages, losses, costs, expenses, deaths, injury, penalties or fines are not caused by any act, omission, gross negligence, wilful default or misconduct of the Lessor or the Lessor’s employees, independent contractors, agents, consultants, subcontractors or invitees.
Indemnity by Lessee. Lessee agrees that Lessor shall not be liable for any claims for death of or injury to persons or damages to or destruction of property sustained by Lessee or by any other person in or outside of the Premises, including without limiting the generality of the foregoing, any claims caused by or arising from the condition or maintenance of any part of the Premises, unless such damage is caused by the sole negligence or intentional misconduct of Lessor. Lessee hereby waives all claims therefor and agrees to indemnify Lessor against any such loss, damage, or liability or any expense (including attorneys' fees) incurred by Lessor in connection therewith.
Indemnity by Lessee. Lessee agrees to indemnify, defend and hold Lessor, its employees, agents, officers, directors and partners harmless from and against any loss, cost, liability, damage or expense, including without limitation, reasonable attorney’s fees incurred in connection with or arising from: (a) Any negligence of Lessee or its invitees, guests, officers, directors, employees, agents or contractors, in or on the Premises other than the intentional act or gross negligence; and/or (b) Lessee’s failure to carry out its obligations under the Lease.
Indemnity by Lessee. Lessee shall indemnify and hold harmless Lessor, its officials, members, directors, agents, representatives, insurers, employees and assigns (collectively hereinafter referred to in this Section 14(a) as “Indemnitees”) against and from any and all claims arising from Lessee’s use of the Premises or from the conduct of its business or from any activity, work, or other things done, permitted or suffered by the Lessee in or about the Premises, and shall further indemnify and hold harmless Indemnitees against and from any and all claims arising from any breach or default in the performance of any obligation on Lessee’s part to be performed under the terms of this Lease, or arising from any act or negligence of the Lessee, or any officer, agent, employee, guest, or invitee of Lessee, and from all costs, attorney’s fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon, and in case any action or proceeding be brought against any Indemnitee by reason of such claim, Lessee, upon notice from Lessor, shall defend the same at Lessee’s sole cost and expense by counsel reasonably satisfactory to any such Indemnitee. Lessee, as a material part of the consideration to Lessor (and therefore Indemnitees) hereby assumes all risk of damage to property, or injury to persons in, upon, or about the Premises, from any cause whatsoever, except as caused by the sole negligence of Lessor. Lessee shall give prompt notice to Lessor in case of casualty or accidents in or to the Premises. In addition to the foregoing (and as not to limit the foregoing), Lessee shall indemnify and hold harmless any Indemnitee from and against any and all claims, demands, investigations or civil forfeiture proceedings made or initiated by any federal, state or local authority having jurisdiction over Lessee and its use of the Premises, regardless of whether such use is permitted hereunder.
