Indemnity by Lessee. Commencing upon the COMMENCEMENT DATE, or, if earlier, the date upon which LESSEE shall enter possession of the PREMISES and continuing during the TERM, LESSEE will indemnify LESSOR and save and hold LESSOR harmless from and against all actions, claims, damages, demands, expenses, judgments 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 liabilities in connection with damage, injury or loss to person or property resulting or occurring or arising wholly or in part by reason of LESSOR'S construction, operation or maintenance of the COMMON AREAS or by any act or failure to act of LESSOR, LESSOR'S agents, contractors, 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 litigation commenced by or against LESSOR, LESSOR shall protect and hold LESSEE harmless from and pay all costs, expenses, and reasonable attorney's fees incurred or paid by LESSEE in connection with such litigation.
Appears in 1 contract
Samples: Lease Agreement (GLB Bancorp Inc)
Indemnity by Lessee. Commencing upon LESSEE covenants with LESSOR that LESSOR, his agents, servants, employees and property managers shall not be liable for any damage or liability of any kind for any injury to or death of persons, or for any damage to property of LESSEE or of any other persons occurring from and after the COMMENCEMENT DATECommencement Date of this Lease, orarising from any cause whatsoever by reason of construction, if earlieruse, occupancy or enjoyment of the date upon which Premises by LESSEE or any other person thereon; provided, however, LESSEE shall enter possession not be liable for any damage, liability, injury or death occasioned by the negligence or willful acts of the PREMISES and continuing during the TERMLESSOR or its designated agents, servants or employees, unless covered by insurance LESSEE will indemnify LESSOR and save is required to provide.
9.1.1 LESSEE shall indemnify, defend and hold LESSOR harmless from and against all actionsliability whatsoever on account of any such real or claimed damage, liability, injury or death from all liens, claims, damagesand demands arising out of construction, demandsuse, expensesoccupancy or enjoyment of the Premises and its facilities, judgments and from any repairs, alterations or improvements which LESSEE may make or cause to be made upon said Premises, whether such claims are made by guests, invitees, employees, agents, unrelated third parties, and other reasonable costs, expenses and liabilities in connection with damage, injury incurred from the first notice to LESSOR that any claim or loss demand is 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, may be made.
9.1.2 LESSEE shall protect at all times occupy the Premises as specified in Article 7.2 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 liabilities in connection with damage, injury or loss to person or property resulting or occurring or arising wholly or in part by reason of make sufficient use thereof so that LESSOR'S construction, operation or maintenance insurer shall not rate the Premises as "vacant" and require a surcharge on the fire and extended coverage insurance premium on account of the COMMON AREAS or by any act or failure to act of LESSOR, LESSOR'S agents, contractors, 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 litigation commenced by or against LESSOR, LESSOR shall protect and hold LESSEE harmless from and pay all costs, expenses, and reasonable attorney's fees incurred or paid by LESSEE in connection with such litigationvacancy.
Appears in 1 contract
Indemnity by Lessee. Commencing upon the COMMENCEMENT DATELessee shall protect, or, if earlier, the date upon which LESSEE shall enter possession of the PREMISES and continuing during the TERM, LESSEE will indemnify LESSOR and save and hold LESSOR harmless Lessor, its officers, agents and employees from every kind and against all actionscharacter of damages (including consequential damages), losses, expenses, demands, claims, damagesand causes of action arising against Lessor, demandsits officers, expensesagents, judgments employees and liabilities 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, 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 and shall protect and hold LESSOR harmless from and pay all costsdamages, expensescosts and expense, and reasonable including 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 liabilities in connection with damage, injury or loss to person or property resulting or occurring or arising wholly therewith or in part by any manner resulting therefrom. The indemnities and other terms of this Section 10 shall survive termination of this Agreement for any reason of LESSOR'S construction, operation or maintenance of the COMMON AREAS or by any act or failure to act of LESSOR, LESSOR'S agents, contractors, 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 litigation commenced by or against LESSOR, LESSOR shall protect and hold LESSEE harmless from and pay all costs, expenseswhatsoever, and reasonable attorney's fees incurred or paid by LESSEE in connection with such litigation.are granted without regard to, and without any right to contribution from, any insurance maintained
Appears in 1 contract
Samples: Equipment Rental Agreement
Indemnity by Lessee. Commencing upon the COMMENCEMENT DATELessee shall protect, or, if earlier, the date upon which LESSEE shall enter possession of the PREMISES and continuing during the TERM, LESSEE will indemnify LESSOR and save and hold LESSOR harmless Lessor, its officers, agents and employees from every kind and against all actionscharacter of damages (including consequential damages), losses, expenses, demands, claims, damagesand causes of action arising against Lessor, demandsits officers, expensesagents, judgments employees and liabilities 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 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, 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 and shall protect and hold LESSOR harmless from and pay all costsdamages, expensescosts and expense, and reasonable including 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 liabilities in connection with damage, injury or loss to person or property resulting or occurring or arising wholly therewith or in part by any manner resulting therefrom. The indemnities and other terms of this Section 10 shall survive termination of this Agreement for any reason of LESSOR'S construction, operation or maintenance of the COMMON AREAS or by any act or failure to act of LESSOR, LESSOR'S agents, contractors, 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 litigation commenced by or against LESSOR, LESSOR shall protect and hold LESSEE harmless from and pay all costs, expenseswhatsoever, and reasonable attorney's fees incurred or paid by LESSEE in connection with such litigation.are granted without regard to, and without any right to contribution from, any insurance maintained
Appears in 1 contract
Samples: Equipment Rental Agreement