Indemnity Insurance. 12.1 Landlord shall not be liable or responsible to Tenant for any loss or damage to any property or person occasioned by theft, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, any similar matter, or any other cause whatsoever, except for the negligence or wilful misconduct of Landlord or Landlord’s duly authorized agents or employees. Landlord shall not be liable to Tenant, or to Tenant’s agents, servants, employees, customers or invitees and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all fines, suits, claims, demands, losses, liabilities, actions and costs (including court costs and attorney’s fees) arising from (a) any injury to person or damage to property caused by any act, omission or neglect of Tenant, Tenant’s agents, servants, employees, customers or invitees, (b) Tenant’s use of the Premises or the conduct of Tenant’s business or profession, (c) any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises or (d) any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease. THIS INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE LOSS IN QUESTION ARISES OR IS ALLEGED TO ARISE IN PART FROM ANY NEGLIGENT ACT OR OMISSION OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEES, FROM STRICT LIABILITY OF ANY SUCH PERSONS OR OTHERWISE, BUT IN SUCH EVENT TENANT SHALL NOT BE RESPONSIBLE FOR THAT PORTION OF ANY LOSS WHICH IS HELD TO BE CAUSED BY THE NEGLIGENCE OR STRICT LIABILITY OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEES.
Appears in 5 contracts
Samples: Lease Agreement (Chuy's Holdings, Inc.), Lease Agreement (Chuy's Holdings, Inc.), Lease Agreement (Chuy's Holdings, Inc.)
Indemnity Insurance. 12.1 Landlord (a) During the Sublease Term, Subtenant shall not be liable or responsible to Tenant for any loss or damage to any property or person occasioned by thefthave sole custody and control of the Premises. Accordingly, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, any similar matter, or any other cause whatsoever, except for the negligence or wilful misconduct of Landlord or Landlord’s duly authorized agents or employees. Landlord shall not be liable to Tenant, or to Tenant’s agents, servants, employees, customers or invitees and Tenant Subtenant shall indemnify, defend and hold Landlord harmless Sublandlord from and against any and all fines, suits, claims, demandsactions, losses, costs, damages, expenses and liabilities, actions including, without limitation, reasonable attorneys’ fees and costs expenses, which Sublandlord may incur or pay by reason of (including court costs and attorney’s fees) arising from (ai) any injury accidents, damages or injuries to person persons or damage property occurring in, on or about the Premises, except to property the extent caused by the negligence or willful misconduct of Sublandlord and/or Sublandlord’s employees, agents, contractors, employees and invitees (subject to the terms of Section 8 hereof) (ii) any breach or default hereunder on Subtenant’s part, (iii) any work done or Alterations performed in or to the Premises by Subtenant and/or Subtenant’s employees, agents, contractors, invitees or any other person claiming through or under Subtenant, or (iv) any act, omission or neglect negligence on the part of TenantSubtenant and/or Subtenant’s employees, Tenant’s agents, servantscustomers, employeescontractors, customers or invitees, or any other person claiming under or under through Subtenant. Sublandlord shall indemnify, defend and hold harmless Subtenant from and against all claims, actions, losses, costs, damages, expenses and liabilities, including, without limitation, reasonable attorneys’ fees and expenses, which Subtenant may incur and pay by reason of (b) Tenant’s use of the Premises or the conduct of Tenant’s business or profession, (c) any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises or (di) any breach or default in the performance of any obligation on Tenant’s part to be performed hereunder or under the terms Lease on Sublandlord’s part, or (ii) Sublandlord’s failure to timely pay the Base Rent or Additional Rent to the Landlord pursuant to the Lease. The respective indemnification provisions of this Sublease are subject to the waiver of subrogation and insurance provisions of this Sublease and the incorporated provisions of the Lease. THIS INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE LOSS IN QUESTION ARISES OR IS ALLEGED TO ARISE IN PART FROM ANY NEGLIGENT ACT OR OMISSION OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEES, FROM STRICT LIABILITY OF ANY SUCH PERSONS OR OTHERWISEwith the understanding that neither party shall be liable to the other for consequential, BUT IN SUCH EVENT TENANT SHALL NOT BE RESPONSIBLE FOR THAT PORTION OF ANY LOSS WHICH IS HELD TO BE CAUSED BY THE NEGLIGENCE OR STRICT LIABILITY OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEESindirect, punitive or special damages (but nothing contained herein shall relieve Subtenant of liability to Sublandlord for holding over after the end of the Sublease Term).
Appears in 1 contract
Indemnity Insurance. Section 12.1 Landlord shall not be liable or responsible to Tenant for any loss or damage to any property or person occasioned by theft, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, any similar matter, or any other cause whatsoever, except for the negligence or wilful willful misconduct of Landlord or Landlord’s duly authorized agents or employees. Landlord shall not be liable to Tenant, or to Tenant’s agents, servants, employees, customers or invitees and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all fines, suits, claims, demands, losses, liabilities, actions and costs (including court costs and attorney’s fees) arising from (a) any injury to person or damage to property caused by any act, omission or neglect of Tenant, Tenant’s agents, servants, employees, customers or invitees, (b) Tenant’s use of the Premises Premises, or the conduct of Tenant’s business or profession, (c) any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises Premises, or (d) any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, including without limitation, Tenant’s obligation to perform the obligations of Landlord under the Master Lease. THIS INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE LOSS IN QUESTION ARISES OR IS ALLEGED TO ARISE IN PART FROM ANY NEGLIGENT ACT OR OMISSION OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEES, FROM STRICT LIABILITY OF ANY SUCH PERSONS OR OTHERWISE, BUT IN SUCH EVENT TENANT SHALL NOT BE RESPONSIBLE FOR THAT PORTION OF ANY LOSS WHICH IS HELD TO BE CAUSED BY THE NEGLIGENCE OR STRICT LIABILITY OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEES.. Tenant will not be liable for indirect or consequential damages. Section 12.2 Tenant, at Tenant’s sole expense, shall obtain and maintain during the Lease Term all policies (including the commercial general liability insurance policy) required as “Lessee’s Insurance” under the Master Lease and described in the Definitions and Basic Provisions and Section 5.05(c) of the Master Lease in accordance with the terms and conditions of the Master Lease. Tenant is solely responsible for maintaining property insurance on all alterations and improvements made by Tenant to the Premises. Section 12.3 Tenant waives any cause of action it might have against Landlord on account of any loss or damage that is insured against under any property insurance policy (to the extent that such loss or damage is recoverable under such insurance policy) that covers the Buildings, the Premises, Tenant’s
Appears in 1 contract
Indemnity Insurance. 12.1 Landlord shall not be liable or responsible to Tenant for any loss or damage to any property or person occasioned by theft, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, any similar matter, or any other cause whatsoever, except for the negligence or wilful misconduct of Landlord or Landlord’s duly authorized agents or employees. Landlord shall not be liable to Tenant, or to Tenant’s agents, servants, employees, customers or invitees and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all fines, suits, claims, demands, losses, liabilities, actions and costs (including court costs and attorney’s fees) arising from (a) any injury to person or damage to property caused by any act, omission or neglect of Tenant, Tenant’s agents, servants, employees, customers or invitees, (b) Tenant’s use of the Premises Premises, Common Areas, or the conduct of Tenant’s business or profession, (c) any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises or Common Areas, or (d) any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease. THIS INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE LOSS IN QUESTION ARISES OR IS ALLEGED TO ARISE IN PART FROM ANY NEGLIGENT ACT OR OMISSION OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEES, FROM STRICT LIABILITY OF ANY SUCH PERSONS OR OTHERWISE, BUT IN SUCH EVENT TENANT SHALL NOT BE RESPONSIBLE FOR THAT PORTION OF ANY LOSS WHICH IS HELD TO BE CAUSED BY THE NEGLIGENCE OR STRICT LIABILITY OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEES. Tenant shall not be liable to Landlord, or to Landlord’s agents, servants or employees and Landlord shall indemnify, defend and hold Tenant harmless from and against any and all fines, suits, claims, demands, losses, liabilities, actions and costs (including court costs and attorney’s fees) arising from (a) any injury to person or damage to property caused by any act, omission or neglect of Landlord or Landlord’s agents, servants or employees, (b) Landlord’s use of the Retained Areas, Common Areas, or the conduct of Landlord’s business or profession, (c) any activity, work, or thing done, permitted or suffered by Landlord in or about the Retained Areas or Common Areas, or (d) any breach or default in the performance of any obligation on Landlord’s part to be performed under the terms of this Lease. Neither party, however, shall be liable for indirect or consequential damages.
Appears in 1 contract
Indemnity Insurance. 12.1 Landlord Subtenant shall not indemnify, defend, protect, and hold harmless Tenant and its officers, agents, employees, successors and assigns (collectively, “Tenant’s Agents”) from and against all claims, demands, actions, causes of action, judgment, liability, losses and expenses (including attorneys fees) (collectively “Claims”) which may be liable brought against Tenant or responsible to Tenant’s Agents or which Tenant for or Tenant’s Agents may pay or incur by reason of: (i) any loss or damage to any property or person occasioned by theft, act failure (through no fault of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, any similar matter, Tenant or any other cause whatsoeversubtenant of Tenant) to perform or observe any of the terms and conditions of or any breach or default of this Agreement, except for the Sublease or Master Lease (as these are incorporated herein; through no fault of Tenant or any other subtenant of Tenant) by Subtenant; (ii) a misrepresentation by Subtenant of the matters set forth herein, or (iii) the negligence or wilful willful misconduct of Landlord Subtenant or LandlordSubtenant’s duly authorized agents or employees. Landlord shall not be liable to Tenant, agents, contractors, or invitees in or about the Third Floor Space during the Term to the extent that the Claims are not caused by the negligence or willful misconduct of Tenant or Tenant’s agents, servants, employees, customers or invitees and Agents. Tenant shall indemnify, defend defend, protect, and hold Landlord harmless Subtenant and its officers, agents, employees, successors and assigns (collectively, “Subtenant’s Agents”) from and against any and all fines, suits, claims, demands, losses, liabilities, actions and costs Claims which may be brought against Subtenant or Subtenant’s Agents or which Subtenant or Subtenant’s Agents may pay or incur by reason of: (including court costs and attorney’s fees) arising from (ai) any injury failure (through no fault of Subtenant) to person perform or damage to property caused observe any of the terms and conditions of or any breach or default of this Agreement, the Sublease or the Master Lease (through no fault of Subtenant) by any act, omission Tenant; (ii) a misrepresentation by Tenant of the matters set forth herein; or neglect (iii) the negligence or willful misconduct of Tenant, Tenant or Tenant’s employees, agents, servants, employees, customers or invitees, (b) Tenant’s use of the Premises or the conduct of Tenant’s business or profession, (c) any activity, workcontractors, or thing done, permitted or suffered by Tenant invitees in or about the Premises Third Floor Space to the extent that the Claims are not caused by the negligence or (d) any breach willful misconduct of Subtenant or default Subtenant’s Agents. Subtenant hereby agrees to obtain and provide evidence satisfactory to Tenant by means of an insurance certificate, on or before the Commencement Date of this Agreement, that Subtenant is carrying insurance on the Third Floor Space in the performance same amounts and of any obligation on Tenant’s part the same types required to be performed under carried by Tenant with regard to the terms of this Lease. THIS INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE LOSS IN QUESTION ARISES OR IS ALLEGED TO ARISE IN PART FROM ANY NEGLIGENT ACT OR OMISSION OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEES, FROM STRICT LIABILITY OF ANY SUCH PERSONS OR OTHERWISE, BUT IN SUCH EVENT TENANT SHALL NOT BE RESPONSIBLE FOR THAT PORTION OF ANY LOSS WHICH IS HELD TO BE CAUSED BY THE NEGLIGENCE OR STRICT LIABILITY OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEESSubleased Premises.
Appears in 1 contract
Samples: Sub Sublease (Glu Mobile Inc)
Indemnity Insurance. 12.1 Landlord To defend with counsel first approved by Landlord, (which approval shall not be liable or responsible to Tenant unreasonably withheld) save harmless, and indemnify Landlord from any liability for any loss injury, loss, accident or damage to any property person or person occasioned by theftproperty, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, and from any similar matter, or any other cause whatsoever, except for the negligence or wilful misconduct of Landlord or Landlord’s duly authorized agents or employees. Landlord shall not be liable to Tenant, or to Tenant’s agents, servants, employees, customers or invitees and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all fines, suits, claims, demandsactions, losses, liabilities, actions proceedings and expenses and costs in connection therewith (including court costs and attorney’s feeswithout limitation the defense thereof, including reasonable counsel fees),(i) arising from (a) any injury to person or damage to property caused by any the omission, fault, willful act, omission negligence or neglect other misconduct of Tenant, or of Tenant’s agents, servants, 's employees, customers agents or inviteescontractors on or about the Premises, or (b) Tenant’s from any use made or thing done or occurring on the Premises not due to the omission, fault, willful act, negligence or other misconduct of Landlord or of Landlord's employees, agents, or contractors, or (ii) resulting from the failure of Tenant to perform and discharge its covenants and obligations under this Lease. To maintain in responsible companies qualified to do business, and in good standing in Massachusetts, (a) public liability insurance covering the Premises insuring Landlord as well as Tenant with limits which shall, at the commencement of the Premises or Term, be at least equal to those stated in Article 1 and from time to time during the conduct Term shall be for such higher limits, if any as are customarily carried in the Sharon/Norwood area with respect to similar propertiex; (x) Xxxxxxx's Compensation Insurance with statutory limits covering all of Tenant’s business or profession, 's employees working in the Premises; (c) any activityall risk casualty insurance, workwith endorsement for difference in conditions coverage, or thing donedebris removal and demolition, permitted or suffered by Tenant in or about an amount at least equal to the Premises or replacement cost new of the Building and other improvements on the Premises; and (d) any breach insurance protecting Landlord against abatement or default loss of rent in an amount equal to at least all the performance Annual Base Rent and Additional Rent payable for one (1) year under Article II, and to deposit promptly with Landlord certificates for such insurance, and all renewals thereof bearing the endorsement that the policies will not be cancelled until after thirty (30) days' written notice to Landlord. If Tenant fails, neglects or omits to give Landlord certificates of any obligation on renewal as set forth above, Landlord may, but shall not be obligated to, obtain renewals of all such insurance, at Tenant’s part 's cost and expense, and Tenant shall pay to be performed under Landlord, upon demand, the terms of this Lease. THIS INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE LOSS IN QUESTION ARISES OR IS ALLEGED TO ARISE IN PART FROM ANY NEGLIGENT ACT OR OMISSION OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEEScost expended by Landlord plus interest thereon at the highest rate permitted by law, FROM STRICT LIABILITY OF ANY SUCH PERSONS OR OTHERWISE, BUT IN SUCH EVENT TENANT SHALL NOT BE RESPONSIBLE FOR THAT PORTION OF ANY LOSS WHICH IS HELD TO BE CAUSED BY THE NEGLIGENCE OR STRICT LIABILITY OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEESuntil the full sum plus such interest is repaid to Landlord in full.
Appears in 1 contract
Samples: Intest Corp
Indemnity Insurance. 12.1 Landlord shall not be liable or responsible to Tenant for any loss or damage to any property or person occasioned by theft, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, any similar matter, or any other cause whatsoever, except for the negligence or wilful misconduct of Landlord or Landlord’s duly authorized agents or employees. Landlord shall not be liable to Tenant, or to Tenant’s agents, servants, employees, customers or invitees and Tenant shall indemnify, defend and hold Landlord harmless from and against any and all fines, suits, claims, demands, losses, liabilities, actions and costs (including court costs and attorney’s fees) arising from (a) any injury to person or damage to property caused by any act, omission or neglect of Tenant, Tenant’s agents, servants, employees, customers or invitees, (b) Tenant’s use of the Premises or the conduct of Tenant’s business or profession, (c) any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises or (d) any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease. THIS INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE LOSS IN QUESTION ARISES OR IS ALLEGED TO ARISE IN PART FROM ANY NEGLIGENT ACT OR OMISSION OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEES, ; FROM STRICT LIABILITY OF ANY SUCH PERSONS OR OTHERWISE, BUT IN SUCH EVENT TENANT SHALL NOT BE RESPONSIBLE FOR THAT PORTION OF ANY LOSS WHICH IS HELD TO BE CAUSED BY THE NEGLIGENCE OR STRICT LIABILITY OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEES.
Appears in 1 contract
Indemnity Insurance. 12.1 (A) Tenant shall protect, defend, save harmless and indemnify Landlord shall not be liable and any fee owner of the Shopping Center from and against all losses, claims, liabilities, injuries, expenses (including legal fees), lawsuits and damages of whatever nature either (i) claimed to have been caused by or responsible to resulted from any act, omission or negligence of Tenant for any loss or damage to any property or person occasioned by theftits subtenants, act of Godconcessionaires, public enemyemployees, injunction, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, any similar mattercontractors and invitees no matter where occurring, or any other cause whatsoever, (ii) occurring in the Leased Premises except for the negligence or wilful misconduct of Landlord or if caused by Landlord’s duly authorized agents or employeesnegligence. Landlord shall not be liable under any circumstances for any injury or any loss or damage to Tenantor interference with any merchandise, equipment, fixtures, furniture, furnishings or other personal property or the business operations of Tenant or anyone in the Leased Premises occasioned by (i) the act or omission of persons occupying other premises, or (ii) any defect, latent or otherwise, in any building or the equipment, machinery, utilities, or apparatus, or (iii) any breakage or leakage of the roof, walls, floor, pipes or equipment, or (iv) any backing up, seepage or overflow of water or sewerage, or (v) flood, rain, snowfall or other elements or Acts of God. Notwithstanding the foregoing to the contrary but subject to the provisions of Articles 17 and 23, Landlord shall repair, or compensate Tenant for, damage to Tenant’s agentspersonal property that is not covered by insurance either carried by Tenant or required under Article 11(B) of this Lease, servantsif the damage resulted from Landlord’s failure to repair (within a reasonable time after written notice of the problem from Tenant) a defect it is required to repair under this Lease. In no event shall Landlord be liable for loss of business or consequential damages. If Tenant makes shopping carts available, employees, customers or invitees the foregoing indemnity provisions shall apply to claims relating to the shopping carts; and Tenant shall indemnifyremove all shopping carts from the Common Area, defend and hold Landlord harmless from and against any and all finesas often as necessary, suits, claims, demands, losses, liabilities, actions and costs (including court costs and attorney’s fees) arising from (a) any injury to person or damage to property caused by any act, omission or neglect so that the Common Area shall remain reasonably free of Tenant, Tenant’s agents, servants, employees, customers or invitees, (b) Tenant’s use of carts. All shopping carts shall be stored inside the Premises or the conduct of Tenant’s business or profession, (c) any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises or (d) any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease. THIS INDEMNITY SHALL APPLY REGARDLESS OF WHETHER THE LOSS IN QUESTION ARISES OR IS ALLEGED TO ARISE IN PART FROM ANY NEGLIGENT ACT OR OMISSION OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEES, FROM STRICT LIABILITY OF ANY SUCH PERSONS OR OTHERWISE, BUT IN SUCH EVENT TENANT SHALL NOT BE RESPONSIBLE FOR THAT PORTION OF ANY LOSS WHICH IS HELD TO BE CAUSED BY THE NEGLIGENCE OR STRICT LIABILITY OF LANDLORD OR LANDLORD’S AGENTS OR EMPLOYEESLeased Premises.
Appears in 1 contract
