Indemnity of Tenant. Landlord shall pay and discharge, and shall defend, indemnify and hold Tenant (and Tenant's Affiliates and the respective officers, directors, agents, employees, representatives, successors and assigns of each) forever harmless from, against and in respect of all obligations, settlements, liabilities, losses, damages, injunctions, suits, actions, proceedings, fines, penalties, claims, liens, demands, costs, charges and expenses of every kind or nature, including, without limitation, reasonable fees of attorneys and other professionals through all appeals, and disbursements which may be imposed on, incurred by or asserted against the persons hereby required to be indemnified (but not against any of the same to the extent that a negligent, willful or intentional act or omission of Tenant, its Affiliates, and their respective officers, directors, agents, employees, representatives, successors and assigns, or any such parties required to be indemnified, gave rise thereto or was the cause of same), arising directly or indirectly from or out of: (i) any failure by Landlord to perform any of the agreements, terms, covenants or conditions on Landlord's part to be performed under this Lease; (ii) any wrongful act, negligence or willful misconduct on the part of Landlord or its Affiliates, or their respective agents, representatives or employees; or (iii) any other provision of this Lease which provides that Landlord shall indemnify and/or hold harmless Tenant in respect of the matters contained in such provision.
Indemnity of Tenant. Notwithstanding the provisions of Sections 16.1 and 16.2 to the contrary, but subject to the limitation on Landlord’s liability set forth in Section 35.18 and subject to Section 11.6, Landlord shall indemnify, protect, defend and hold harmless Tenant and its officers, directors, partners, agents, shareholders, attorneys, employees and any affiliate of Tenant, including without limitation, any corporations or any other entities Controlling, Controlled by or under common Control with Tenant and their respective successors and assigns (collectively, “Tenant Indemnified Parties”), from and against any Indemnified Claims (but excluding injury to or interference with Tenant’s or any Tenant Indemnified Parties’ business and any consequential damages), to the extent arising or resulting from (i) the negligence or willful misconduct of Landlord, or any of its agents, contractors or employees (but only to the extent such agents, contractors and employees are acting within the scope of their relationship with Landlord); and/or (ii) the default in the performance by Landlord of any obligations on Landlord’s part to be performed under the terms of this Lease; provided, however, that Landlord’s indemnity shall not apply or extend to any Indemnified Claims which are covered by any insurance maintained by Tenant or any Tenant Indemnified Parties (or which would have been covered had Tenant obtained the insurance required under the provisions of this Lease). If any action or proceeding is brought against Tenant or any other Tenant Indemnified Parties by reason of any such Indemnified Claims indemnified by Landlord as set forth hereinabove, Landlord, upon notice from Tenant, shall defend the same at Landlord’s expense with counsel approved by Tenant, which approval shall not be unreasonably withheld. Landlord’s obligations under this Section 16.3 shall survive the expiration or earlier termination of this Lease.
Indemnity of Tenant. Landlord shall indemnify, defend and hold Tenant harmless from all claims, losses, damages, liabilities and expenses (including legal fees) arising from or relating to (i) the negligence or willful misconduct of Landlord or Landlord’s agents or representatives, or (ii) any condition on, of or affecting the Property on or prior to the date of execution and delivery of this Lease.
Indemnity of Tenant. LANDLORD shall indemnify and save harmless TENANT against and from (i) any and all claims against TENANT of whatever nature arising from any act, omission or negligence of LANDLORD, LANDLORD’s contractors, licensees, agents, servants, employees, invitees and/or visitors, (ii) all claims against TENANT arising from any accident, injury or damage whatsoever caused to any person or to property of any person and occurring during this Lease in, around or about the Leased Premises, arising from any act, omission or negligence of LANDLORD, LANDLORD’s contractors, licensees, agents, servants, employees, invitees and/or visitors, (iii) all claims against TENANT arising from any accident, injury or damage occurring outside of the Leased Premised, but within or about the Leased Premises and Building where such accident, injury or damage results or is caused by an act of omission of LANDLORD, LANDLORD’s contractors, licensees, agents, servants, employees, invitees and/or visitors, and (iv) any breach, violation or non-performance of any of the terms, covenants and conditions contained in this Lease on the part of LANDLORD to be fulfilled, kept, observed and performed. This indemnity and hold harmless covenant shall include indemnity from and against any and all liability, fines, suits, demands, costs and expenses (including attorneys’ fees and disbursements) of any kind or nature incurred in connection with any such claim or proceeding brought thereon, and the defense thereof by the TENANT including attorneys fees. This indemnity and hold harmless covenant shall survive the termination of this Lease for acts or omissions alleged to have occurred during the Lease term and for any period of time prior to the commencement of the Lease term during which LANDLORD was given access to the Leased Premises.
Indemnity of Tenant. If Hazardous Materials on the Property, resulting from Landlord's acts, contaminate the Property, or if the Property is contaminated on the Commencement Date, Landlord shall indemnify and hold Tenant and its Agents harmless from any and all claims, damages, penalties, fines, costs, liabilities and losses, damages, attorneys' fees, consultants' fees and experts' fees resulting from such contamination.
Indemnity of Tenant. To the best of Landlord’s knowledge, there are no Hazardous Substances, including, without limitation, any asbestos containing materials, located within or under the Leased Premises. Landlord shall defend, indemnify, and hold Tenant harmless from all claims, liabilities, damages, costs, expenses, fees, fines and penalties (both civil and criminal) (including, but not limited to, reasonable attorneys’ fees) resulting from any personal injury, property damage, water pollution, air pollution, hazardous waste contamination, Hazardous Substances contamination, damage to fish or wildlife, damage to natural resources, or environmental harm due to preexisting contamination of the Leased Premises by Hazardous Substances (except to the extent such Hazardous Substances are within the Leased Premises due to acts by Tenant or Tenant’s employees, agents or contractors on or about University Village). Landlord’s indemnification obligation pursuant to this paragraph shall survive the expiration or termination of this Lease.
Indemnity of Tenant. Landlord shall defend, indemnify and hold harmless Tenant from and against any and all claims arising from any breach or default in the performance of any obligation on Landlord’s part to be performed under the terms of this Lease, or arising from the negligence of the Landlord, or any of Landlord’s agents, contractors or employees, and from and against all costs, reasonable attorney’s fees, expenses and liabilities incurred in the defense of any such claim or action or proceeding brought thereon. In no event, however, shall Tenant be entitled to indemnification under this Section if such claim arises 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 the Tenant, or any of Tenant’s agents, contractors or employees.
Indemnity of Tenant. The Landlord indemnifies and holds harmless the Tenant, its directors, officers, shareholders, employees, and agents from any and all claims, demands and costs for damage and injury, including death, to the person or property of any person, firm or corporation, (except for the Tenant and its employees) arising out of the Landlord’s operations in the Lands and Building, except where the damage or injury arises out of the negligence of the Tenant, its directors, officers, employees and those for whom in law it is responsible or any other tenant or person in the Building.
Indemnity of Tenant. Except to the extent resulting from the negligence or willful misconduct of Tenant or any Tenant Party, Landlord shall indemnify, defend, and hold Tenant harmless from and against any and all claims, losses, costs, liabilities, damages, and expenses including penalties, fines, and reasonable attorneys’ fees, incurred in connection with or arising from third-party claims for injury to or death of any person or persons in any common area of the Premises, including the parking area and sidewalk adjacent to the Premises (“Common Area”).
Indemnity of Tenant. To the best knowledge of Landlord, (i) no underground storage tanks are present on the Property, (ii) no Hazardous Material is present at the Property in violation of any Regulations and (iii) no action, proceeding or claim is pending or threatened regarding the Property concerning any Hazardous Materials or pursuant to any environmental law. If Hazardous Materials on the Property, resulting from Landlord's acts, contaminate the Property, or if the Property is contaminated on the Commencement Date, Landlord shall indemnify and hold Tenant and its Agents harmless from any and all claims, damages, penalties, fines, costs, liabilities and losses, damages, attorneys' fees, consultants' fees and experts' fees resulting from such contamination.
