Common use of INDEMNITY TO LANDLORD Clause in Contracts

INDEMNITY TO LANDLORD. To promptly indemnify and save harmless the Landlord for any and all liabilities, damages, costs, claims, suits or actions of any nature or kind including the full cost to the Landlord in resisting or defending the same to which the Landlord shall or may become liable or suffer arising out of or by reason of: (a) any breach, violation or non-performance by the Tenant of any of its covenants and obligations under this Lease; (b) any damage to property while said property shall be in or about the Leased Premises including the systems, furnishings and amenities thereof, as a result of the negligence, misuse or wilful act of the Tenant, its express or implied invitees, licensees, agents, servants or employees; (c) any injury to any invitee, licensee, agent, servant or employee of the Tenant, including death resulting at any time therefrom, occurring on or about the Leased Premises, the Property or the Lands; (d) any damage or claim suffered by the Landlord including claims brought against the Landlord by other Tenants of the Building or by any third party as a result of any noise or odour emanating from the Leased Premises or the Building from the Tenant’s use of the Leased Premises; (e) provided that any occurrence described in suparagraph (c) of this Section are not the result of any actions or omissions of employees of the Landlord or those for whom the Landlord is in law responsible; and this indemnity shall survive the expiry or sooner determination of this Lease. (f) The Landlord agrees, if and when possible, to provide verbal or written notice to the Tenant of any damage or claim or possibility of, which the Landlord is advised of by any other Tenants of the Building or by any other third party, provided that the Landlord’s failure to do so or any defective or late notice, shall not limit or negatively affect the above indemnity in any fashion.

INDEMNITY TO LANDLORD. To promptly indemnify Section 1. The Tenant shall indemnify, defend and save harmless the Landlord for against any and all liabilities, damages, costs, claims, suits claims arising from the conduct or actions of any nature or kind including the full cost to the Landlord in resisting or defending the same to which the Landlord shall or may become liable or suffer arising out management of or by reason of: (a) from any breach, violation work or non-performance by the Tenant of any of its covenants and obligations under this Lease; (b) any damage to property while said property shall be thing whatsoever done in or about the Leased Premises including demised premises or the systemsequipment therein during said term, furnishings and amenities thereof, as a result or arising out of the negligence, misuse or wilful act occupation of the Tenantdemised premises or the streets, vaults, sidewalks and walls adjacent thereto, or the use or maintenance of boilers and elevators therein, or arising from any act or negligence of the Tenant or any of its express or implied invitees, licensees, agents, servants or employees; (c) , or arising from any accident, injury or damage whatsoever, however caused, to any inviteeperson or persons, licenseeor to the property of any person, agentpersons, servant corporation or employee of the Tenant, including death resulting at any time therefromcorporations, occurring on during said term on, in or about the Leased Premisesdemised premises, the Property or the Lands; (d) sidewalks, streets, driveways and vaults, if any, adjacent thereto, and from and against all costs, attorneys' fees, expenses and liabilities incurred in or about any damage such claim or claim suffered any action or proceeding brought thereon, except for the negligence of the Landlord, his agents, servants or employees, and Landlord's Workmen's Compensation claims by the Landlord including claims Landlord's employees. In case any action or proceeding be brought against the Landlord by other Tenants reason of any such claim, except as excluded above, the Tenant, on notice from the Landlord, shall resist or defend such action or proceeding. It is further agreed and understood that the Tenant shall at its own cost and expense, for the further protection of the Building Landlord, cause to be delivered to the Landlord a Certificate of insurance (in which, however, the Tenant may be named as an additional party insured, provided such policy contains a provision or an endorsement to the effect that the Landlord's rights and interests in or under such policy shall in nowise be affected by any third party as a result acts of any noise omission or odour emanating from the Leased Premises or the Building from commission by the Tenant’s use of the Leased Premises; (e) provided that any occurrence described in suparagraph (c) of this Section are not the result of any actions or omissions of employees of the Landlord or those for whom the Landlord is in law responsible; and this indemnity shall survive the expiry or sooner determination of this Lease. (f) The Landlord agreesissued by an insurance company, if and when possiblesuch policy is obtainable, to provide verbal or written notice satisfactory to the Tenant of any damage or claim or possibility ofLandlord, and which the Landlord agrees to approve unless it is advised of by reasonable to withhold approval, indemnifying the Landlord against any other Tenants and all of the Building or by claims and liabilities in this Article provided for, except as excluded above, in the minimum sum of Five Million Dollars ($5,000,000.00) combined single limit and property damage in respect to any other third partyone occurrence. When such policy of liability insurance shall be about to expire and likewise when each renewal thereof shall be about to expire, provided that the Landlord’s Tenant shall, at least ten (10) days before the expiration date, cause to be delivered to the Landlord a new Certificate. In the event of the failure of the Tenant to do so provide such liability insurance or any defective renewal thereof, or late noticeto pay the premium thereon so as to keep the same valid, shall not limit the Landlord may either provide the insurance itself, or negatively affect may itself pay the above indemnity premium on the insurance effected by the Tenant and, in any fashioneither case, all sums paid or the obligation to pay which has been incurred by the Landlord may be recovered by the Landlord from the Tenant as "additional rent".

INDEMNITY TO LANDLORD. To promptly 1. Tenant shall indemnify and save harmless Landlord and its agents, employees and contractors and the Landlord for owners of the fee title of the Project and all mortgages thereof from and against any and all claims, liens, actions, proceedings, judgments, liabilities, damages, costs, claims, suits or actions of attorneys fees and any nature or kind including the full cost to the Landlord and all expenses in resisting or defending the same to which the Landlord shall or may become liable or suffer arising out of or by reason of: connection with (a) any breachthe use, violation occupancy, management or non-performance by control of the Tenant of any of its covenants and obligations under this Lease; Premises, (b) from any injury to or death of any person or damage to any property while said or business upon the Premises, the Building, the Project, or to or upon adjacent property shall be or to or upon the adjoining street, avenue or sidewalk which was caused in whole or in part by Tenant, its employees, servants, agents, contractors, subcontractors, guests, customers or invitees, (c) from any lien or claim or other matter arising from any construction, addition, repair, maintenance or improvements on the Premises or from any work done in or about the Leased Premises including the systems, furnishings and amenities thereof, as a result of the negligence, misuse or wilful act of the Tenant, its express or implied invitees, licensees, agents, servants or employees; (c) any injury to any invitee, licensee, agent, servant or employee of the Tenant, including death resulting at any time therefrom, occurring on or about the Leased Premises, the Property or the Lands; (d) any damage or claim suffered by the Landlord including claims brought against the Landlord by other Tenants of the Building or by any third party as a result of any noise or odour emanating from the Leased Premises or the Building or the Project by, at the instigation of, or for Tenant, (d) from the Tenant’s any use of the Leased Premises; Premises for any illegal trade, manufacture or business or for any purpose or in any manner prohibited by law, ordinance, government regulation, regulations of Landlords insurance Company or lender, or the provisions of the Lease, (e) provided that from any occurrence described in suparagraph (c) failure of this Section are not Tenant to observe or perform the result of any actions terms, covenants or omissions of employees conditions of the Landlord Lease and from any act or those for whom omission by Tenant, its agents, employees, servants, contractors, subcontractors, customers or invitees during the Landlord is in law responsible; Term, and this indemnity shall survive the expiry or sooner determination of this Lease. (f) The Landlord agreesfrom the installation , if and when possibleoperation, to provide verbal maintenance, repair, removal or written notice to the Tenant replacement of any damage sign, awning, antenna or claim other exterior or possibility ofinterior improvement made by Tenant on, which in or about the Landlord is advised of by any other Tenants of Premises, the Building and the Project. 2. Unless defense is actually provided by an insurance carrier, upon demand from time to time, Tenant shall pay for the defense of any action or by proceeding brought against Landlord or its agents, employees and contractors or the said fee owners or mortgages, upon any other third party, provided that the Landlord’s failure to do so or any defective or late notice, shall not limit or negatively affect the above indemnity such claims categorized in any fashionthis paragraph 18.

INDEMNITY TO LANDLORD. To promptly indemnify The Tenant hereby indemnifies and save saves harmless the Landlord, its directors, officers, employees and agents and the successors and permitted assigns of the Landlord from and against all loss and expense and from and against all claims, demands, actions, suits or other proceedings, judgments, damages, penalties, fines, costs and liabilities, including, without limitation, any reduction in the market value of the Premises or the Land and the Building, damages for loss or restriction in use of leasable or useable space or of any amenity of the Premises or the Land and the Building, damages arising from any adverse impact on marketing of space and sums paid in settlement of claims, legal fees, consultants' fees and experts' fees which arise during or after the Term and are in any manner based upon, arise out of or are connected with the presence or suspected presence of any Hazardous Substance in, upon, above or under the Land and the Building and any other contamination which exists on or under the Premises or which has escaped from the Premises including, without limitation, costs incurred in connection with any investigation of site conditions or any clean up, remedial, removal or restoration work required by any Government Body including that resulting from waste, unhealthful, hazardous or dangerous conditions caused by, contributed to or aggravated by the Tenant or any permitted transferees, violation of any applicable law or environmental permits pertaining to Hazardous Substances. In addition, without limitation, the Tenant further expressly agrees to compensate the Landlord for any and all liabilities, damages, costs, claims, suits or actions costs incurred for the removal of any nature Hazardous Substance from the Premises even in the absence of an order requiring such removal and notwithstanding that such Hazardous Substance may be stored on the Premises in compliance with all applicable law or kind including environmental permits. The Tenant hereby expressly agrees that this indemnification shall survive the full cost expiration or earlier termination of this Lease and that any statutory limitation periods on actions to enforce these obligations shall not be deemed to commence until the Landlord in resisting or defending actually discovers any such circumstances as may give rise to their enforcement and the same to which Tenant hereby knowingly and voluntarily waives the benefits of any shorter limitation period. Upon the default of the Tenant under this Part 11, the Landlord shall or may become liable or suffer arising out of or by reason of: (a) any breach, violation or non-performance by be entitled to terminate this Lease and/or recover from the Tenant of any of its covenants and obligations under this Lease; (b) all loss and expense associated with the said default, in addition to any damage to property while said property shall be in or about the Leased Premises including the systems, furnishings other rights and amenities thereof, as a result remedies of the negligence, misuse or wilful act of the Tenant, its express or implied invitees, licensees, agents, servants or employees; (c) any injury to any invitee, licensee, agent, servant or employee of the Tenant, including death resulting at any time therefrom, occurring on or about the Leased Premises, the Property or the Lands; (d) any damage or claim suffered by the Landlord including claims brought against the Landlord by other Tenants of the Building or by any third party as a result of any noise or odour emanating from the Leased Premises or the Building from the Tenant’s use of the Leased Premises; (e) provided that any occurrence described in suparagraph (c) of this Section are not the result of any actions or omissions of employees of the Landlord or those for whom the Landlord is in law responsible; and this indemnity shall survive the expiry or sooner determination of this LeaseLandlord. (f) The Landlord agrees, if and when possible, to provide verbal or written notice to the Tenant of any damage or claim or possibility of, which the Landlord is advised of by any other Tenants of the Building or by any other third party, provided that the Landlord’s failure to do so or any defective or late notice, shall not limit or negatively affect the above indemnity in any fashion.

INDEMNITY TO LANDLORD. 01. To promptly the extent caused by the negligence or willful misconduct of Tenant, its agents, representatives or employees, Tenant shall indemnify and save harmless Landlord and its agents, employees and contractors and the Landlord for owners of the fee title of the Project and all mortgagees thereof from and against any and all claims, liens, actions, proceedings, judgments, liabilities, damages, costs, claims, suits or actions of reasonable attorney fees and any nature or kind including the full cost to the Landlord and all expenses in resisting or defending the same to which the Landlord shall or may become liable or suffer arising out of or by reason of: connection with (a) any breachthe use or occupancy, violation management or non-performance by control of the Tenant of any of its covenants and obligations under this Lease; said Premises, (b) any injury to or death of any person or damage to any property while said or business upon the Premises or the Building or to or upon adjacent property shall be or to or upon the adjoining street, avenue or sidewalk and which was caused in whole or in part by Tenant, its employees, servants, agents, contractors, subcontractors, guests, customers or invitees, (c) any lien or claim or other matter arising from any construction, addition, repair, maintenance or improvements on the Premises or from any work done in or about the Leased Premises including or the systemsBuilding by, furnishings and amenities thereofat the instigation of, as a result of the negligence, misuse or wilful act of the for Tenant, its express or implied invitees, licensees, agents, servants or employees; (c) any injury to any invitee, licensee, agent, servant or employee of the Tenant, including death resulting at any time therefrom, occurring on or about the Leased Premises, the Property or the Lands; (d) any damage or claim suffered by the Landlord including claims brought against the Landlord by other Tenants of the Building or by any third party as a result of any noise or odour emanating from the Leased Premises or the Building from the Tenant’s use of the Leased Premises; Premises for any illegal trade, manufacture or business or for any purpose or in any manner prohibited by law, ordinance, government regulation, regulations of Landlords insurance Company or lender, or the provisions of the Lease, (e) provided that any occurrence described in suparagraph (c) failure of this Section are not Tenant to observe or perform the result of any actions terms, covenants or omissions of employees conditions of the Landlord Lease and from any act or those for whom omission by Tenant, its agents, employees, servants, contractors, subcontractors, customers or invitees during the Landlord is in law responsible; Term, and this indemnity shall survive the expiry or sooner determination of this Lease. (f) The Landlord agreesthe installation, if and when possibleoperation, to provide verbal maintenance, repair, removal or written notice to the Tenant replacement of any damage sign, awning, antenna or claim other exterior or possibility ofinterior improvement made by Tenant on, which in or about the Premises and the Building. 02. Unless defense is actually provided by an insurance carrier, upon demand from time to time, Tenant shall pay for the reasonable defense of any action or proceeding brought against Landlord is advised of by or its agents, employees and contractors or the said fee owners or mortgagees, upon any other Tenants of the Building or by any other third party, provided that the Landlord’s failure to do so or any defective or late notice, shall not limit or negatively affect the above indemnity such claims categorized in any fashionSection 18.01 herein.

INDEMNITY TO LANDLORD. To promptly indemnify The Tenant hereby indemnifies and save saves harmless the Landlord, its directors, officers, employees and agents and the successors and permitted assigns of the Landlord from and against all loss and expense and from and against all claims, demands, actions, suits or other proceedings, judgments, damages, penalties, fines, costs and liabilities, including, without limitation, any reduction in the market value of the Premises or the Land and the Building, damages for loss or restriction in use of leasable or useable space or of any amenity of the Premises or the land and the Building, damages arising from any adverse impact on marketing of space and sums paid in settlement of claims, legal fees, consultants' fees and experts' fees which arise during or after the Term and are in any manner based upon, arise out of or are connected with the presence or suspected presence of any Hazardous Substance in, upon, above or under the Land and the Building and any other contamination which exists on or under the Premises or which has escaped from the Premises including, without limitation, costs incurred in connection with any investigation of site conditions or any clean up, remedial, removal or restoration work required by any Government Body including that resulting from waste, unhealthful, hazardous or dangerous conditions caused by, contributed to or aggravated by the Tenant or any permitted transferees, violation of any applicable law or environmental permits pertaining to Hazardous Substances. In addition, without limitation, the Tenant further expressly agrees to compensate the Landlord for any and all liabilities, damages, costs, claims, suits or actions costs incurred for the removal of any nature Hazardous Substance from the Premises even in the absence of an order requiring such removal and notwithstanding that such Hazardous Substance may be stored on the Premises in compliance with all applicable law or kind including environmental permits. The Tenant hereby expressly agrees that this indemnification shall survive the full cost expiration or earlier termination of this Lease and that any statutory limitation periods on actions to enforce these obligations shall not be deemed to commence until the Landlord in resisting or defending actually discovers any such circumstances as may give rise to their enforcement and the same to which Tenant hereby knowingly and voluntarily waives the benefits of any shorter limitation period. Upon the default of the Tenant under this Part 11, the Landlord shall or may become liable or suffer arising out of or by reason of: (a) any breach, violation or non-performance by be entitled to terminate this Lease and/or recover from the Tenant of any of its covenants and obligations under this Lease; (b) all loss and expense associated with the said default, in addition to any damage to property while said property shall be in or about the Leased Premises including the systems, furnishings other rights and amenities thereof, as a result remedies of the negligence, misuse or wilful act of the Tenant, its express or implied invitees, licensees, agents, servants or employees; (c) any injury to any invitee, licensee, agent, servant or employee of the Tenant, including death resulting at any time therefrom, occurring on or about the Leased Premises, the Property or the Lands; (d) any damage or claim suffered by the Landlord including claims brought against the Landlord by other Tenants of the Building or by any third party as a result of any noise or odour emanating from the Leased Premises or the Building from the Tenant’s use of the Leased Premises; (e) provided that any occurrence described in suparagraph (c) of this Section are not the result of any actions or omissions of employees of the Landlord or those for whom the Landlord is in law responsible; and this indemnity shall survive the expiry or sooner determination of this LeaseLandlord. (f) The Landlord agrees, if and when possible, to provide verbal or written notice to the Tenant of any damage or claim or possibility of, which the Landlord is advised of by any other Tenants of the Building or by any other third party, provided that the Landlord’s failure to do so or any defective or late notice, shall not limit or negatively affect the above indemnity in any fashion.

INDEMNITY TO LANDLORD. To promptly indemnify Section 1. The Tenant shall indemnify, defend and save harmless the Landlord for against any and all liabilities, damages, costs, claims, suits claims arising from the conduct or actions of any nature or kind including the full cost to the Landlord in resisting or defending the same to which the Landlord shall or may become liable or suffer arising out management of or by reason of: (a) from any breach, violation work or non-performance by the Tenant of any of its covenants and obligations under this Lease; (b) any damage to property while said property shall be thing whatsoever done in or about the Leased Premises including demised premises or the systemsequipment therein during said term, furnishings and amenities thereof, as a result or arising out of the negligence, misuse or wilful act occupation of the Tenantdemised premises or the streets, vaults, sidewalks and walls adjacent thereto, or the use or maintenance of boilers and elevators therein, or arising from any act or negligence of the Tenant or any of its express or implied invitees, licensees, agents, servants or employees; (c) , or arising from any accident, injury or damage whatsoever, however caused, to any inviteeperson or persons, licenseeor to the property of any person, agentpersons, servant corporation or employee of the Tenant, including death resulting at any time therefromcorporations, occurring on during said term on, in or about the Leased Premisesdemised premises, the Property or the Lands; (d) sidewalks, streets, driveways and vaults, if any, adjacent thereto, and from and against all costs, attorneys' fees, expenses and liabilities incurred in or about any damage such claim or claim suffered any action or proceeding brought thereon, except for the negligence of the Landlord, his agents, servants or employees, and Landlord's Workmen's Compensation claims by the Landlord including claims Landlord's employees. In case any action or proceeding be brought against the Landlord by other Tenants reason of any such claim, except as excluded above, the Tenant, on notice from the Landlord, shall resist or defend such action or proceeding. It is further agreed and understood that the Tenant shall at its own cost and expense, for the further protection of the Building Landlord, cause to be delivered to the Landlord a Certificate of insurance (in which, however, the Tenant may be named as an additional party insured, provided such policy contains a provision or an endorsement to the effect that the Landlord's rights and interests in or under such policy shall in nowise be affected by any third party as a result acts of any noise omission or odour emanating from the Leased Premises or the Building from commission by the Tenant’s use of the Leased Premises; (e) provided that any occurrence described in suparagraph (c) of this Section are not the result of any actions or omissions of employees of the Landlord or those for whom the Landlord is in law responsible; and this indemnity shall survive the expiry or sooner determination of this Lease. (f) The Landlord agreesissued by an insurance company, if and when possiblesuch policy is obtainable, to provide verbal or written notice satisfactory to the Tenant of any damage or claim or possibility ofLandlord, and which the Landlord agrees to approve unless it is advised of by reasonable to withhold approval, indemnifying the Landlord against any other Tenants and all of the Building or by any other third partyclaims and liabilities in this Article provided for, provided that except as excluded above, in the Landlord’s minimum sum of Five Million Dollars ($5,000,000.00) combined single limit and property damage per occurrence. When such policy of liability insurance shall be about to expire and likewise when each renewal thereof shall be about to expire, the Tenant shall, at least ten (10) days before the expiration date, cause to be delivered to the Landlord a new Certificate. In the event of the failure of the Tenant to do so provide such liability insurance or any defective renewal thereof, or late noticeto pay the premium thereon so as to keep the same valid, shall not limit the Landlord may either provide the insurance itself, or negatively affect may itself pay the above indemnity premium on the insurance effected by the Tenant and, in any fashioneither case, all sums paid or the obligation to pay which has been incurred by the Landlord may be recovered by the Landlord from the Tenant as "additional rent".