Common use of Indemnity Exemption of Landlord From Liability Clause in Contracts

Indemnity Exemption of Landlord From Liability. (a) In addition to any other obligations of Tenant hereunder, including the obligations of Tenant to provide insurance, Tenant shall indemnify and hold Landlord harmless from and against any and all claims arising from Tenant's use of the Premises, or from the conduct of Tenant's business or from any activity, work or things done, permitted or suffered by Tenant in or about the Premises or elsewhere and shall further indemnify and hold Landlord harmless from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any negligence of Tenant, or any of Tenant's agents, contractors, or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord for Landlord's execution of this Lease, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises arising from any cause and Tenant hereby waives all claims in respect thereof against Landlord. (b) In addition to any other obligation of Tenant hereunder, including any obligation of Tenant to provide insurance, hereby agrees that Landlord shall not be liable for injury to Tenant's

Indemnity Exemption of Landlord From Liability. (a) In addition Except to any other obligations the extent attributable to Landlord's negligence, breach of Tenant hereunder, including the obligations of Tenant to provide insurancelease or willful misconduct, Tenant shall indemnify indemnify, defend and hold Landlord and Landlord's agents and employees harmless from and against any and all claims claims, demands, liabilities, causes of action, costs and attorneys' fees arising from Tenant's use of the Premises, or Premises and/or Real Property from the conduct of Tenant's business or its business, from any activity, work or things done, thing which may be permitted or suffered by Tenant in or about the Premises or elsewhere and shall further indemnify and hold Landlord harmless and/or Real Property, from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, Lease or arising from any negligence of Tenant, Tenant or any of Tenant's its agents, contractors, employees or employeesinvitees, patrons, customers or members and from any and against all costs, attorneys' attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and , including negotiations in case any action or proceeding be brought against Landlord by reason of any such claim, connection therewith. Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord for Landlord's execution of this Lease, hereby assumes all risk of loss or damage to personal property or injury to persons in, upon or about the Premises arising from any cause and Tenant hereby waives all claims in respect thereof against Landlord, excepting only where the damage is caused solely by willful conduct of Landlord or its authorized agents. (b) In addition to any other obligation of Tenant hereunder, including any obligation of Tenant to provide insurance, hereby agrees that Landlord shall not be liable for injury to Tenant's's business, or loss of goodwill or income therefrom, or for damage that may be sustained by the person, or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises and/or Real Property directly or indirectly caused by or resulting from fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises and/or Real Property, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, whether such damage or injury results from conditions arising upon the Premises/Building or upon other portions of the Building or Real Property from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except in connection with damage or injury resulting from the sole willful misconduct of Landlord, or its authorized agents. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant of the Building. (c) Tenant acknowledges that Landlord's election to provide mechanical surveillance or to post security personnel in the Building is solely with Landlord's discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services and Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, vandalism, or like causes. Tenant acknowledges that in the event Landlord shall elect to provide mechanical surveillance or to post security personnel in the Building, that Landlord's election to do so shall not make Landlord liable for the failure of such measures to protect Tenant or its employees, agents, invitees or contractors from injury, loss, damage, cost or expense. (d) Except as provided below, Landlord shall not be personally liable for the performance of Landlord's obligations under this Lease. If Tenant acquires any rights or remedies against Landlord (including, but not limited to, the right to satisfy a judgment), these rights and remedies shall be satisfied solely from the lesser of (a) Landlord's estate and interest in the Real Property (or the proceeds therefrom including insurance proceeds and the proceeds from sale), or (b) the estate and interest Landlord would have in the Real Property (or the proceeds therefrom) if the Real Property were encumbered by third-party debt in an amount equal to eighty percent (80%) of the value of the Real Property; such rights and remedies shall not be satisfied, in any event, from any other property or assets of Landlord.

Indemnity Exemption of Landlord From Liability. (a) In addition to any other obligations of Tenant hereunder, including the obligations of Tenant to provide insurance, Indemnity. Tenant shall indemnify indemnify, defend and hold Landlord, Arden Realty, Inc., their subsidiaries, partners, parental or other affiliates and their respective members, shareholders, officers, directors, employees and contractors (collectively, “Landlord Parties”) harmless from and against any and all claims arising from Tenant's ’s use of the Premises, Premises or the Project or from the conduct of Tenant's its business or from any activity, work or things done, thing which may be permitted or suffered by Tenant in or about the Premises or elsewhere the Project and shall further indemnify indemnify, defend and hold Landlord and the Landlord Parties harmless from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's ’s part to be performed under the terms of this Lease, Lease or arising from any negligence or willful misconduct of Tenant, Tenant or any of Tenant's its agents, contractors, employees or employeesinvitees, patrons, customers or members in or about the Project and from any and against all costs, attorneys' fees’ fees and costs, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and , including negotiations in case any action or proceeding be brought against Landlord by reason of any such claimconnection therewith. However, notwithstanding the foregoing, Tenant upon notice shall not be required to indemnify and/or hold Landlord harmless from any loss, cost, liability, damage or expense, including, but not limited to, penalties, fines, attorneys’ fees or costs (collectively, “Claims”), to any person, property or entity to the extent resulting from the negligence or willful misconduct of Landlord or its agents, contractors, or employees (except for damage to the Tenant Improvements and Tenant’s personal property, fixtures, furniture and equipment in the Premises in which case Tenant shall defend be responsible to the same at extent Tenant is required to obtain the requisite insurance coverage pursuant to this Lease). Landlord hereby indemnifies Tenant and Coinstar, Inc. and their subsidiaries, partners, parental or other affiliates and their respective shareholders, officers, directors, employees and contractors (collectively, the “Tenant Parties”) and holds Tenant and the Tenant Parties harmless from any Claims to the extent resulting from the negligence or willful misconduct of Landlord or its agents, contractors or employees and not covered by insurance required to be carried under this Lease by Tenant or actually carried by Tenant's expense by counsel satisfactory to Landlord. Tenant; provided, however, that (i) because Landlord maintains insurance on the Project and Tenant compensates Landlord for such insurance as a material part of Tenant’s Proportionate Share of Direct Costs and because of the consideration to Landlord for Landlord's execution existence of waivers of subrogation set forth in Article 14 of this Lease, Landlord hereby indemnifies and holds Tenant and the Tenant Parties harmless from any Claims to any property outside of the Premises to the extent such Claim is covered by such insurance, even if resulting from the negligent acts, omissions, or willful misconduct of Tenant or those of its agents, contractors, or employees, and (ii) because Tenant must carry insurance pursuant to Article 14 to cover its personal property within the Premises and the Tenant Improvements, Tenant hereby indemnifies and holds Landlord harmless from any Claim to any property within the Premises, to the extent such Claim is covered by such insurance, even if resulting from the negligent acts, omissions or willful misconduct of Landlord or those of its agents, contractors, or employees. Further, Tenant’s agreement to indemnify Landlord and Landlord’s agreement to indemnify Tenant pursuant to this Section 13(a) is not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Landlord or Tenant pursuant to this Lease, to the extent such policies cover the matters subject to such indemnification obligations. Except as expressly provided herein, Tenant hereby assumes all risk of damage to property or injury to persons in, upon in or about the Premises arising from any cause cause, and Tenant hereby waives all claims in respect thereof against Landlord. Landlord and the Landlord Parties (b) In addition including all rights of contribution to any other obligation of Tenant hereunderthe extent not prohibited by Illinois law, including but not limited to contribution claims under the Illinois Joint Tortfeasor Contribution Act, 740 ILCS 100/0.01 et seq.), except for: (i) damage to property caused solely by the gross negligence or willful misconduct of Landlord or the Landlord Parties and is not covered, or required to be covered under this Lease, by Tenant’s insurance (which for purposes hereof shall be deemed to include any obligation of Tenant to provide insurancedeductibles and self-insurance amounts), hereby agrees that Landlord shall not be liable for or (ii) injury to Tenant'spersons caused by the negligence or willful misconduct of Landlord or the Landlord Parties.

Indemnity Exemption of Landlord From Liability. (a1) In addition Except to any other obligations the extent caused by the negligence or willful misconduct of Tenant hereunder, including the obligations of Tenant to provide insuranceLandlord, Tenant shall indemnify indemnify, defend and hold Landlord and Landlord’s agents and employees harmless from and against any and all claims claims, demands, liabilities, causes of action, costs and attorneys’ fees arising from Tenant's ’s use of the Premises, or Premises and/or Real Property from the conduct of Tenant's business or its business, from any activity, work or things done, thing which may be permitted or suffered by Tenant in or about the Premises or elsewhere and shall further indemnify and hold Landlord harmless and/or Real Property, from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's ’s part to be performed under the terms of this Lease, Lease or arising from any negligence of Tenant, Tenant or any of Tenant's its agents, contractors, employees or employeesinvitees, patrons, customers or members and from any and against all costs, attorneys' ’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and , including negotiations in case any action or proceeding be brought against Landlord by reason of any such claim, connection therewith. Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord for Landlord's execution of this Lease, hereby assumes all risk of loss or damage to Tenant’s property or injury to persons in, upon or about in the Premises arising from any cause cause, and Tenant hereby waives all claims in respect thereof against Landlord., excepting only where the damage is caused solely by the willful misconduct of Landlord or its authorized agents. 8730 Sunset Towers Landlord Initial (b2) In addition to any other obligation of Tenant hereunder, including any obligation of Tenant to provide insurance, hereby agrees that Landlord shall not be liable for injury to Tenant's’s business, or loss of goodwill or income there from, or for damage that may be sustained by the person, or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises and/or Real Property directly or indirectly caused by or resulting from fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises and/or Real Property, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, whether such damage or injury results from conditions arising upon the Premises/Building or upon other portions of the Building or Real Property from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except in connection with damage or injury resulting from the sole willful misconduct of Landlord, or its authorized agents. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant of the Building. Tenant waives any claim against Landlord for damages to Tenant’s property from any loss arising from matters set forth in this Paragraph 14(2). (3) Tenant acknowledges that Landlord’s election to provide mechanical surveillance or to post security personnel in the Building is solely within Landlord’s discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services and Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, vandalism, or like causes. Tenant acknowledges that in the event Landlord shall elect to provide mechanical surveillance or to post security personnel in the Building, that Landlord’s election to do so shall not make Landlord liable for the failure of such measures to protect Tenant or its employees, agents, invitees or contractors from injury, loss, damage, cost or expense. (4) If Tenant acquires any rights or remedies against Landlord (including, but not limited to, the right to satisfy a judgment), these rights and remedies shall be satisfied solely from Landlord’s estate and interest in the Real Property (or the proceeds therefrom); such rights and remedies shall not be satisfied, in any event, from any other property or assets of Landlord.

Indemnity Exemption of Landlord From Liability. (a) In addition to any other obligations of Tenant hereunder, including the obligations of Tenant to provide insurance, Tenant shall indemnify and hold Landlord harmless from and against any and all claims arising from Tenant's use of the Premises, or from the conduct of Tenant's business or from any activity, work or things done, permitted or suffered by Tenant in or about the Premises or elsewhere and shall further indemnify and hold Landlord harmless from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to the be performed under the terms of this Lease, or arising from any negligence of Tenant, or any of Tenant's agents, contractors, or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant Tenant, upon notice from Landlord Landlord, shall defend the same at Tenant's expense by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord for Landlord's execution of this Lease, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises arising from any cause and Tenant hereby waives all claims in respect thereof against Landlord. (b) In addition to any other obligation of Tenant hereunder, including any obligation of Tenant to provide insurance, Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers, or any other person in or about the Premises, nor shall Landlord be liable for injury to the person of Tenant or Tenant's employees, agents or contractors, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing air conditioning or lighting fixtures, or from any other cause, resulting from conditions arising upon the Premises, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant.

Indemnity Exemption of Landlord From Liability. (a) In addition to any other obligations of Tenant hereundera. TENANT shall indemnify, including the obligations of Tenant to provide insurance, Tenant shall indemnify defend and hold Landlord LANDLORD harmless from and against any and all claims arising from Tenant's use of the Premises, or from the conduct of Tenant's business or from any activity, work or things done, thing which may be permitted or suffered by Tenant TENANT in or about the Premises or elsewhere and shall further indemnify indemnify, defend and hold Landlord harmless from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's TENANT’s part to be performed under the terms of this Lease, Lease or arising from any negligence of Tenant, TENANT or any of Tenant's its agents, contractors, employees or employeesinvitees, patrons, customers or members and from any and against all costs, attorneys' attorney’s fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and , including negotiations in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel satisfactory to Landlordconnection therewith. Tenant, as a material part of the consideration to Landlord for Landlord's execution of this Lease, TENANT hereby assumes all risk of damage to property or injury to persons in, upon in or about the Premises arising from any cause cause, and Tenant TENANT hereby waives all claims in respect thereof against LandlordLANDLORD, excepting where the damage is caused solely by a willful or gross negligence of LANDLORD. (b) In addition to any other obligation of Tenant hereunder, including any obligation of Tenant to provide insurance, hereby agrees that Landlord b. LANDLORD shall not be liable for injury to Tenant'sTENANT’s business, or loss of income therefrom, or for damage that may be sustained by the person, or property of TENANT, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, or from any other cause whatsoever, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Building or from other sources or places; and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to TENANT, except in connection with damage or injury resulting from the gross negligence or willful misconduct of LANDLORD, or its authorized agents. LANDLORD shall not be liable to TENANT for any damages arising from any act or neglect of any other TENANT of the Building. LANDLORD shall not be liable for any damage to property entrusted to employees of the Building. LANDLORD shall not be liable for losses due to theft, vandalism, or like causes. TENANT shall defend, indemnify, and hold LANDLORD harmless from any such claims made by any employee, licensee, invitee, contractor, agent or person whose presence in, on or about the Premises or the Building is attendant to the business of TENANT. c. TENANT acknowledges that LANDLORD’s election to provide mechanical surveillance or to post security guards in the Building is solely at LANDLORD’s discretion; LANDLORD shall have no liability in connection with the decision whether or not to provide such services and TENANT hereby waives all claims based thereon.

Indemnity Exemption of Landlord From Liability. (a) In addition to any other obligations of Tenant hereunder, including the obligations of Tenant to provide insurance, Tenant shall indemnify indemnify, defend and hold Landlord and Landlord's agents and employees harmless from and against any and all claims claims, demands, liabilities, causes of action, costs and attorneys' fees arising from Tenant's use of the Premises, or Premises and/or Real Property from the conduct of Tenant's business or its business, from any activity, work or things done, thing which may be permitted or suffered by Tenant in or about the Premises or elsewhere and shall further indemnify and hold Landlord harmless and/or Real Property, from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, Lease or arising from any negligence of Tenant, Tenant or any of Tenant's its agents, contractors, employees or employeesinvitees, patrons, customers or members and from any and against all costs, attorneys' attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and , including negotiations in case any action or proceeding be brought against Landlord by reason of any such claim, connection therewith. Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord for Landlord's execution of this Lease, hereby assumes all risk of loss or damage to property or injury or death to persons in, upon in or about the Premises arising and/or Real Property from any cause cause, and Tenant hereby waives all claims in respect thereof against Landlord, excepting only where the damage is caused solely by willful conduct of Landlord or its authorized agents. (b) In addition to any other obligation of Tenant hereunder, including any obligation of Tenant to provide insurance, hereby agrees that Landlord shall not be liable for injury to Tenant's's business, or loss of good will or income therefrom, or for damage that may be sustained by the person, or property of Tenant, its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises and/or Real Property directly or indirectly caused by or resulting from fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises and/or Real Property, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, light fixtures, or mechanical or electrical systems, whether such damage or injury results from conditions arising upon the Premises/Building or upon other portions of the Building or Real Property from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except in connection with damage or injury resulting from the sole willful misconduct of Landlord, or its authorized agents. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant of the Building. Tenant shall indemnify, defend and hold Landlord and Landlord's agents and employees harmless from any and all claims, demands, /s/(Tenant's Name) Initial liabilities, costs or attorneys' fees arising from any person or entity claiming Landlord is liable to them for loss, damage or injury arising from matters set forth in this Paragraph 14 (b). (c) Tenant acknowledges that Landlord's election to provide mechanical surveillance or to post security personnel in the Building is solely with Landlord's discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services and Tenant hereby waives all claims based thereon. Landlord shall not be liable for losses due to theft, vandalism, or like causes. Tenant shall defend, indemnify, and hold Landlord and Landlord's agents and employees harmless from any such claims made by any employee, licensee, invitee, contractor, agent, or other person whose presence in, on or about the Premises or the Real Property is attendant to the business of Tenant, which agreement to defend, indemnify and hold harmless shall include indemnification of attorneys' fees. Tenant acknowledges that in the event Landlord shall elect to provide mechanical surveillance or to post security personnel in the Building, that Landlord's election to do so shall not make Landlord liable for the failure of such measures to protect Tenant or its employees, agents, invitees or contractors from injury, loss, damage, cost or expense. (d) Landlord shall not be personally liable for the performance of Landlord's obligations under this Lease. If Tenant acquires any rights or remedies against Landlord (including, but not limited to, the right to satisfy a judgment), these rights and remedies shall be satisfied solely from the lesser of (a) Landlord's estate and interest in the Real Property (or the proceeds therefrom), or (b) the estate and interest Landlord would have in the Real Property (or the proceeds therefrom) if the Real Property were encumbered by third-party debt in an amount equal to eighty percent (80%) of the value of the Real Property; such rights and remedies shall not be satisfied, in any event, from any other property or assets of Landlord.