Common use of Indemnity by Lessee Clause in Contracts

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 shall protectindemnify, indemnify defend and hold harmless Lessor, its officers, directors, employees and agents (jointly and employees severally, "Lessee Indemnified Parties") from every kind and character of damages (including consequential damages)against any and all liabilities, losses, expensesdamages, demands, claims, and suits, actions, judgments, causes of action arising against Lessoraction, its officersassessments, agents, employees costs 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 rentalexpenses, including, but not limited towithout limitation, interest, penalties, attorneys' fees, any and all finesexpenses incurred in investigating, penaltiespreparing and defending against any litigation, costscommenced or threatened, or lossesany claim whatsoever, and any and all amounts paid in settlement of any claim or litigation (collectively, "Damages"), asserted against, resulting to, imposed upon, or incurred or suffered by any of them, directly or indirectly, as a result or arising from failure the following: (i) any inaccuracy in or breach or nonfulfillment of any of the representations, warranties, covenants or agreements made by Lessee in this Annex A or the other agreements contemplated hereby; (ii) any liability imposed on Lessor to the extent such liability has been expressly assumed by Lessee pursuant to this Annex A or the Assumption Agreement; (iii) any misrepresentation in or any omission from any certificate or other document (collectively, the "Additional Documents") furnished or to be furnished by or on behalf of Lessee to comply with environmental laws and/or resulting under this Annex A; and (iv) any liability threatened or imposed on Lessor arising out of Lessee's operation of the Hospital from pollution of contamination arising in connection with any work being done and after Closing, whether or not such liability has been expressly assumed by Lessee utilizing pursuant to any provision of this Annex A. The indemnification obligations of Lessee shall survive indefinitely. To be entitled to such indemnification, Lessee Indemnified Party shall give Lessee prompt written notice of any breach or of the rental equipmentassertion by a third party of any claim with respect to which Lessee Indemnified Party may bring a claim for indemnification hereunder, and Xxxxxx agrees in all events must have supplied such notice 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 FAULTLessee within the period for the defense of such claims by Lessee. Lessee shall have the right, at its own expense shall expense, to defend any suit or action brought against the Lessor based on and litigate any such alleged injury, death or damagethird party claim, and such Lessee Indemnified Party shall pay all damagescooperate in good faith with Lessee to permit Lessee to do so. Should such Lessee Indemnified Party settle or compromise any claim or matter for which an indemnity would be payable by a Lessee hereunder without the prior written consent of such Lessee, costs and expense, including attorney's fees in connection therewith Lessee shall be relieved of any liability hereunder to such Lessee with respect to such claim 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 maintainedmatter.

Indemnity by Lessee. Lessee LESSEE shall not cause or permit any Hazardous Material (as hereinafter defined) to be brought upon, kept, or used in or about the Property by LESSEE, its agents, employees, contractors or invitees. If (i) LESSEE breaches the obligations stated in the preceding sentence, (ii) the presence of Hazardous Material on the Property or on or in the soil or ground water under or adjacent to the Property caused or permitted by LESSEE, its agents, employees, contractors or invitees results in contamination of the Property or such soil or ground water, (iii) contamination of the Property or such soil or ground water by Hazardous Material otherwise occurs for which LESSEE is legally liable to LESSOR for damage resulting therefrom, or (iv) contamination occurs elsewhere in connection with the transportation by LESSEE of Hazardous Material to or from the Property, then LESSEE shall indemnify, protect, indemnify defend and hold LESSOR harmless Lessorfrom any and all claims, its officersjudgment, agents and employees from every kind and character of damages (including consequential damages), lossespenalties, fines, costs, expenses, demandsliabilities or losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and causes expert fees) which arise during or after the term of action arising against Lessorthis Lease as a result of such contamination. The foregoing obligation of LESSEE to indemnify, its officersprotect, agentsdefend and hold LESSOR harmless includes, employees and its subcontractorswithout limitation, 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 costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, restoration or other response work being done required by Lessee utilizing any federal, state, or local governmental agency or political subdivision because of Hazardous Material present as a result of any action or inaction on the rental equipmentpart of LESSEE, and Xxxxxx agrees its agents, employees, contractors or invitees in any improvements constituting the Property or the soil or ground water on, under or adjacent to indemnify Lessorthe Property or elsewhere in connection with the transportation by LESSEE of Hazardous Material to or from the Property. Without limiting the foregoing, WHETHER OR NOT SUCH INJURIESif the presence of any Hazardous Material on or in the Property or the soil or ground water under or adjacent to the Property caused or permitted by LESSEE, DEATH OR DAMAGE RESULT FROM OR ARE CLAIMED TO HAVE RESULTED FROMTHE CONCURRENT OR SOLE NEGLIGENCE (IN ANY AMOUNT) OF LESSOR OR LESSOR'S OFFICERSor its agents, AGENTSemployees, OR EMPLOYEEScontractors or invitees, OR LESSOR'S SUBCONTRACTORSresults in any contamination of the Property, OFFICERS, AGENTS, OR EMPLOYEES, STRICT LIABILITY OR OTHER FAULT. Lessee LESSEE shall promptly take all actions at its own sole expense shall defend any suit as are necessary to return the Property or action brought against such soil or ground water to the Lessor based on condition existing prior to the introduction of any such alleged injury, death Hazardous Material to the Property or damage, and shall pay all damages, costs and expense, including attorney's fees in connection therewith to such soil 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 maintainedground water.

Indemnity by Lessee. Lessee Commencing upon the COMMENCEMENT DATE, or, if earlier, the date upon which LESSEE shall protectenter possession of the PREMISES and continuing during the TERM, LESSEE will indemnify LESSOR and save and hold LESSOR harmless Lessorfrom and against all actions, its officersclaims, agents and employees from every kind and character of damages (including consequential damages), lossesdemands, expenses, demandsjudgments and liabilities in connection with damage, injury or loss to person or property resulting or occurring or arising wholly or in part by reason of LESSEE'S use or occupancy of the PREMISES or any part thereof or LESSEE'S altering, decorating, or improving of the PREMISES or by any act or failure to act of LESSEE, LESSEE'S agents, contractors, employees or servants, or anyone claiming by, through, or under LESSEE. If LESSOR shall, without fault on its part, be made a party to any litigation commenced by or against LESSEE, LESSEE shall protect and hold LESSOR harmless from and pay all costs, expenses, and reasonable attorney's fees incurred or paid by LESSOR in connection with such litigation. Commencing upon the COMMENCEMENT DATE, or, if earlier, the date upon which LESSEE shall enter possession of the PREMISES and continuing during the TERM, LESSOR will indemnify LESSEE and save and hold LESSEE harmless from and against all actions, claims, damages, demands, expenses, judgments and causes liabilities in connection with damage, injury or loss to person or property resulting or occurring or arising wholly or in part by reason of action arising against LessorLESSOR'S construction, its officersoperation or maintenance of the COMMON AREAS or by any act or failure to act of LESSOR, LESSOR'S agents, employees and its subcontractors, their officers, agentscontractors, employees or servants, or anyone claiming by, through, or under LESSOR. If LESSEE shall, without fault on its part, be made a party to any other personslitigation commenced by or against LESSOR, firm or corporation whatsoever, on account or personal injuries, death claims or damages to property arising LESSOR shall protect and hold LESSEE harmless from any cause whatsoever growing out of or incident to such equipment rental, including, but not limited to, any and pay all fines, penalties, costs, expenses, and reasonable attorney's fees incurred or losses, resulting from failure of Lessee to comply with environmental laws and/or resulting from pollution of contamination arising paid by LESSEE 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 maintainedlitigation.

Indemnity by Lessee. Lessee shall protectLESSEE covenants with LESSOR that LESSOR, indemnify and hold harmless Lessorhis agents, 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, agentsservants, employees and its subcontractorsproperty managers shall not be liable for any damage or liability of any kind for any injury to or death of persons, their officers, agents, employees or for any damage to property of LESSEE or of any other personspersons occurring from and after the Commencement Date of this Lease, firm or corporation whatsoever, on account or personal injuries, death claims or damages to property arising from any cause whatsoever growing by reason of construction, use, occupancy or enjoyment of the Premises by LESSEE or any other person thereon; provided, however, LESSEE shall not be liable for any damage, liability, injury or death occasioned by the negligence or willful acts of LESSOR or its designated agents, servants or employees, unless covered by insurance LESSEE is required to provide. 9.1.1 LESSEE shall indemnify, defend and hold LESSOR harmless from all liability whatsoever on account of any such real or claimed damage, liability, injury or death from all liens, claims, and demands arising out of construction, use, occupancy or incident enjoyment of the Premises and its facilities, and from any repairs, alterations or improvements which LESSEE may make or cause to be made upon said Premises, whether such equipment rentalclaims are made by guests, includinginvitees, but not limited toemployees, any agents, unrelated third parties, and all fines, penalties, other reasonable costs, expenses and liabilities incurred from the first notice to LESSOR that any claim or losses, resulting from failure of Lessee demand is to comply with environmental laws and/or resulting from pollution of contamination arising be made or may be made. 9.1.2 LESSEE shall at all times occupy the Premises as specified in connection with any work being done by Lessee utilizing the rental equipment, Article 7.2 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 make sufficient use thereof so that LESSOR'S OFFICERS, AGENTS, OR EMPLOYEES, OR LESSOR'S SUBCONTRACTORS, OFFICERS, AGENTS, OR EMPLOYEES, STRICT LIABILITY OR OTHER FAULT. Lessee at its own expense insurer shall defend any suit or action brought against not rate the Lessor based Premises as "vacant" and require a surcharge on any the fire and extended coverage insurance premium on account of 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 maintainedvacancy.

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 Lessee 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. From and after Closing, Lessee shall protectindemnify, indemnify defend and hold harmless Lessor, Lessor and its respective officers, directors, employees and agents (collectively, "Lessee Indemnified Parties") from and employees from every kind against any and character of damages (including consequential damages)all liabilities, losses, expensesdamages, demands, claims, and suits, actions, judgments, causes of action arising against Lessoraction, its officersassessments, agents, employees costs 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 rentalexpenses, including, but not limited towithout limitation, interest, penalties, attorneys' fees, any and all finesexpenses incurred in investigating, penaltiespreparing and defending against any litigation, costscommenced or threatened, or lossesany claim whatsoever, and any and all amounts paid in settlement of any claim or litigation (collectively, "Damages"), asserted against, resulting to, imposed upon, or incurred or suffered by any of them, directly or indirectly, as a result or arising from failure the following: (i) any inaccuracy in or breach or nonfulfillment of any of the representations, warranties, covenants or agreements made by Lessee in the Lease, this Annex A, or the other agreements contemplated hereby; (ii) any liability imposed on Lessor to the extent such liability has been expressly assumed by Lessee pursuant to this Annex A or the Assignment and Undertaking; (iii) any liabilities arising from the operation of the Hospital on or after the Commencement Date; and (iv) any misrepresentation in or any omission from any certificate or other document (collectively, the "Additional Documents") furnished or to be furnished by or on behalf of Lessee under this Annex A. To be entitled to comply such indemnification, Lessee Indemnified Party shall give Lessee reasonably prompt written notice of any breach or of the assertion by a third party of any claim with environmental laws and/or resulting from pollution of contamination arising in connection with any work being done by respect to which Lessee utilizing the rental equipmentIndemnified Party may bring a claim for indemnification hereunder, and Xxxxxx agrees in all events must have supplied such notice 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 FAULTLessee within the period for the defense of such claims by Lessee. Lessee shall have the right, at its own expense shall defend any suit or action brought against expense, and within 10 days of its receipt of the Lessor based on foregoing notice, to assume by defense and litigate any such alleged injury, death or damagethird party claim, and such Lessee Indemnified Party shall pay all damagescooperate in good faith with Lessee to permit Lessee to do so. In the event Lessee declines or fails to assume the defense, costs and expensethen the Lessee Indemnified Party may conduct the defense of the third party claim. Lessee Indemnified Party shall not settle or compromise any claim or matter for which an indemnity would be payable by a Lessee hereunder without the prior written consent of such Lessee, including attorney's fees in connection therewith or in any manner resulting therefrom. The indemnities and other terms of this Section 10 which consent 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 maintainednot be unreasonably withheld.