Common use of Indemnity by Xxxxxx Clause in Contracts

Indemnity by Xxxxxx. Tenant shall defend (with counsel approved by the Port and Xxxxxx’s insurer), and except for the Port’s obligations with respect to the Pre-Lease Environmental Condition covered in Section 7.12 fully indemnify, and hold entirely free and harmless the Port and its Commissioners, officers, and employees (each, a “Port Party”) from any and all loss, damages, expenses, reasonable attorneys’ fees, consultants’ fees, court costs and other costs for or from: (a) anything and everything whatsoever arising from the condition of the Premises, other than the Pre-Lease Environmental Condition established by the Pre-Lease Environmental Evaluation; (b) the occupancy of the Premises by the Tenant or subtenant, licensee, invitee or concessionaire of Tenant; and (c) any accident, injury, death or damage to any party however caused in or about the Premises, whether or not caused by the negligence of Tenant or any third party; and (d) any fault or negligence by Tenant or any sublessee, licensee, invitee or concessionaire of the Tenant or of any officer, agent, employee, guest or invitee of any such Person. Nothing herein shall require Tenant to indemnify the Port from any accident, injury, death or damage to the extent arising from the negligence or other fault of the Port or its Commissioners, officers, contractors, agents, invitees, or employees. Tenant agrees that the foregoing indemnity specifically covers actions brought by its own employees, and thus Tenant expressly waives its immunity under industrial insurance, Title 51 RCW, as necessary to effectuate this indemnity; provided, however, that such extension shall not be interpreted or construed as a waiver or limitation of Tenant's right to assert any such immunity, defense, or protection directly against any of its own employees, or such employees' estates or other personal representatives.

Indemnity by Xxxxxx. Tenant shall defend (with counsel approved by the Port and Xxxxxx’s insurer), and except for the Port’s obligations with respect to the Pre-Lease Environmental Condition covered in Section 7.12 6.2, fully indemnify, and hold entirely free and harmless the Port and its Commissioners, officers, and employees (each, a “"Port Party”") from any and all loss, damages, expenses, reasonable attorneys’ fees, consultants’ fees, court costs and other costs for or from: (a) anything and everything whatsoever arising from the condition of the Premises, other than the Pre-Lease Environmental Condition established by the Pre-Lease Environmental Evaluation; (b) the occupancy of the Premises by the Tenant or subtenant, licensee, invitee or concessionaire of Tenant; and (c) any accident, injury, death or damage to any party however caused in or about the Premises, whether or not caused by the negligence of Tenant or any third party; and (d) any fault or negligence by Tenant or any sublessee, licensee, invitee or concessionaire of the Tenant or of any officer, agent, employee, guest or invitee of any such Person. Nothing herein shall require Tenant to indemnify the Port from any accident, injury, death or damage to the extent arising from the negligence or other fault of the Port or its Commissioners, officers, contractors, agents, invitees, or employees. Tenant agrees that the foregoing indemnity specifically covers actions brought by its own employees, and thus Tenant expressly waives its immunity under industrial insurance, Title 51 RCW, as necessary to effectuate this indemnity; provided, however, that such extension shall not be interpreted or construed as a waiver or limitation of Tenant's right to assert any such immunity, defense, or protection directly against any of its own employees, or such employees' estates or other personal representatives.

Indemnity by Xxxxxx. Tenant shall defend (with counsel approved by the Port and Xxxxxx’s insurer), and except for the Port’s obligations with respect to the Pre-Lease Environmental Condition covered in Section 7.12 3.4.1, fully indemnify, and hold entirely free and harmless the Port and its Commissioners, officers, and employees (each, a “"Port Party”") from any and all loss, damages, expenses, reasonable attorneys’ fees, consultants’ fees, court costs and other costs for or from: (a) anything and everything whatsoever arising from the condition of the Premises, other than the Pre-Lease Environmental Condition established by the Pre-Lease Environmental Evaluation; (b) the occupancy of the Premises by the Tenant or subtenant, licensee, invitee or concessionaire of Tenant; and (c) any accident, injury, death or damage to any party however caused in or about the Premises, whether or not caused by the negligence of Tenant or any third party; and (d) any fault or negligence by Tenant or any sublessee, licensee, invitee or concessionaire of the Tenant or of any officer, agent, employee, guest or invitee of any such Person. Nothing herein shall require Tenant to indemnify the Port from any accident, injury, death or damage to the extent arising from the negligence or other fault of the Port or its Commissioners, officers, contractors, agents, invitees, or employees. Tenant agrees that the foregoing indemnity specifically covers actions brought by its own employees, and thus Tenant expressly waives its immunity under industrial insurance, Title 51 RCW, as necessary to effectuate this indemnity; provided, however, that such extension shall not be interpreted or construed as a waiver or limitation of Tenant's right to assert any such immunity, defense, or protection directly against any of its own employees, or such employees' estates or other personal representatives.

Indemnity by Xxxxxx. Effective as of the Commencement Date (and prior to the Commencement Date as set forth in Section 6.2.1) and continuing through the Term and any Extension Terms, Tenant shall defend (with counsel approved by the Port and XxxxxxTenant’s insurer), and except for the Port’s obligations with respect to the Pre-Lease Environmental Condition covered in Section 7.12 fully indemnify, and hold entirely free and harmless the Port and its Commissioners, officers, employees and employees agents (each, a “Port Party” and, collectively, the “Port Parties”) from any and all loss, damages, expenses, reasonable attorneys’ fees, consultants’ fees, court costs and other costs for or from: (a) anything and everything whatsoever arising from the condition of the Premises, other than the Pre-Lease Environmental Condition established by the Pre-Lease Environmental Evaluation; (b) the occupancy of the Premises by the Tenant or subtenant, licensee, invitee or concessionaire of Tenant; and (c) any accident, injury, death or damage to any party however caused in or about the Premises, whether or not caused by the negligence of Tenant or any third party; and (d) any fault or negligence by Tenant or any sublessee, licensee, invitee or concessionaire of the Tenant or of any officer, agent, employee, guest or invitee of any such Person. Nothing Notwithstanding the foregoing, nothing herein shall require Tenant to indemnify the Port from any accident, injury, death death, loss, damage, or damage expenses to the extent arising from the negligence or other fault of the a Port or its Commissioners, officers, contractors, agents, invitees, or employeesParty. Tenant agrees that the foregoing indemnity specifically covers actions brought by its own employees, and thus Tenant expressly waives its immunity under industrial insurance, Title 51 RCW, as necessary to effectuate this indemnity; provided, however, that such extension shall not be interpreted or construed as a waiver or limitation of Tenant's ’s right to assert any such immunity, defense, or protection directly against any of its own employees, or such employees' ’ estates or other personal representatives.