INDEMNITY TO LANDLORD. Except to the extent attributable to the negligence or wilful misconduct of the Landlord or those for whom it is responsible in law, the Tenant will indemnify and save harmless the Landlord, its directors, officers, shareholders, employees and agents and the successors and 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 , damages for loss or restriction in use of leasable or useable space or of any amenity of the Premises, 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 of any Hazardous Substance released by the Tenant or those for whom it is legally responsible in, upon, above 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 governmental authority including that resulting from waste, unhealthful, hazardous or dangerous conditions caused by, contributed to or aggravated by the Tenant or any permitted transferees, or any violation of any applicable law or environmental permits pertaining to Hazardous Substances by the Tenant or those for whom it is legally responsible. In addition, without limitation, the Tenant further expressly agrees to compensate the Landlord for any and all costs incurred for the removal of any such 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 environmental permits. The Tenant hereby expressly agrees that this indemnification will survive the expiration or earlier termination of this Lease and that any statutory limitation periods on actions to enforce these obligations will not be deemed to commence until the Landlord actually discovers any such circumstances as may give rise to their enforcement and the Tenant hereby knowingly and voluntarily waives the benefits of any shorter limitation period. Upon the default of the Tenant under this Article 5, the Landlord may terminate this Lease and/or recover from the Tenant any and all loss and expense associated with the default, in addition to any other rights and remedies of the Landlord.
Appears in 3 contracts
Sources: Industrial Lease (Optimi Health Corp.), Industrial Lease (Optimi Health Corp.), Industrial Lease
INDEMNITY TO LANDLORD. Except 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 extent attributable Landlord in resisting or defending the same to which the negligence 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 misconduct 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 it the Landlord is responsible in lawlaw 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 will indemnify and save harmless 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, its directors, officers, shareholders, employees and agents and shall not limit or negatively affect the successors and 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 , damages for loss or restriction in use of leasable or useable space or of any amenity of the Premises, 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 above indemnity in any manner based upon, arise out of or are connected with the presence of any Hazardous Substance released by the Tenant or those for whom it is legally responsible in, upon, above 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 governmental authority including that resulting from waste, unhealthful, hazardous or dangerous conditions caused by, contributed to or aggravated by the Tenant or any permitted transferees, or any violation of any applicable law or environmental permits pertaining to Hazardous Substances by the Tenant or those for whom it is legally responsible. In addition, without limitation, the Tenant further expressly agrees to compensate the Landlord for any and all costs incurred for the removal of any such 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 environmental permits. The Tenant hereby expressly agrees that this indemnification will survive the expiration or earlier termination of this Lease and that any statutory limitation periods on actions to enforce these obligations will not be deemed to commence until the Landlord actually discovers any such circumstances as may give rise to their enforcement and the Tenant hereby knowingly and voluntarily waives the benefits of any shorter limitation period. Upon the default of the Tenant under this Article 5, the Landlord may terminate this Lease and/or recover from the Tenant any and all loss and expense associated with the default, in addition to any other rights and remedies of the Landlordfashion.
Appears in 2 contracts
Sources: Lease Agreement (Coley Pharmaceutical Group, Inc.), Lease Agreement (Coley Pharmaceutical Group, Inc.)
INDEMNITY TO LANDLORD. Except to the extent attributable to the negligence or wilful misconduct of the Landlord or those for whom it is responsible in law, the The Tenant will indemnify hereby indemnifies and save saves harmless the Landlord, its directors, officers, shareholders, 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 Property, damages for loss or restriction in use of leasable or useable space or of any amenity of the PremisesProperty, 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 released by the Tenant or those for whom it is legally responsible in, upon, above or under the Premises Property and any other contamination which exists on or under the Property or which has escaped from the Premises Property, 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 governmental authority including that resulting from waste, unhealthful, hazardous or dangerous conditions caused by, contributed to or aggravated by the Tenant or any permitted transferees, or any violation of any applicable law Environmental Laws or environmental permits pertaining to Hazardous Substances by the Tenant or those for whom it is legally responsibleSubstance. In addition, without limitation, the Tenant further expressly agrees to compensate the Landlord for any and all costs incurred for the removal of any such Hazardous Substance from the Premises Property even in the absence of an order requiring such removal and notwithstanding that such Hazardous Substance may be stored on the Premises Property in compliance with all applicable law Environmental Laws or environmental permits. The Tenant hereby expressly agrees that this indemnification will survive the expiration or earlier termination of this Lease and that any statutory limitation periods on actions to enforce these obligations will not be deemed to commence until the Landlord actually discovers any such circumstances as may give rise to their enforcement and the Tenant hereby knowingly and voluntarily waives the benefits of any shorter limitation period. Upon the default of the Tenant under this Article 5, the Landlord may terminate this Lease and/or recover from the Tenant any and all loss and expense associated with the default, in addition to any other rights and remedies of the Landlord.
Appears in 2 contracts
Sources: Lease (Sparkling Spring Water Group LTD), Lease Agreement (Sparkling Spring Water Holdings LTD)
INDEMNITY TO LANDLORD. Except to the extent attributable to the negligence or wilful misconduct of the Landlord or those for whom it is responsible in lawSection 1. The Tenant shall indemnify, the Tenant will indemnify defend and save harmless the LandlordLandlord against any and all claims arising from the conduct or management of or from any work or thing whatsoever done in or about the demised premises or the equipment therein during said term, its directors, officers, shareholders, employees and agents and the successors and assigns or arising out of the Landlord occupation of the demised 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 agents, servants or employees, or arising from any accident, injury or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation or corporations, occurring during said term on, in or about the demised premises, or the sidewalks, streets, driveways and against all loss and expense vaults, if any, adjacent thereto, and from and against all claimscosts, demandsattorneys' fees, actionsexpenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, suits or other proceedings, judgments, damages, penalties, fines, costs and liabilities, including, without limitation, any reduction in except for the market value negligence of the Premises Landlord, damages for loss his agents, servants or restriction in use of leasable employees, and Landlord's Workmen's Compensation claims by Landlord's employees. In case any action or useable space or proceeding be brought against the Landlord by reason of any amenity 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 PremisesLandlord, damages arising from any adverse impact on marketing cause to be delivered to the Landlord a Certificate of space and sums paid insurance (in settlement of claimswhich, 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 of any Hazardous Substance released by the Tenant or those for whom it is legally responsible in, upon, above 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 governmental authority including that resulting from waste, unhealthful, hazardous or dangerous conditions caused by, contributed to or aggravated by the Tenant or any permitted transferees, or any violation of any applicable law or environmental permits pertaining to Hazardous Substances by the Tenant or those for whom it is legally responsible. In addition, without limitationhowever, the Tenant further expressly 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 acts of omission or commission by the Tenant) issued by an insurance company, if such policy is obtainable, satisfactory to the Landlord, and which the Landlord agrees to compensate approve unless it is reasonable to withhold approval, indemnifying the Landlord for against any and all costs incurred for of the removal of any such Hazardous Substance from the Premises even claims and liabilities in this Article provided for, except as excluded above, in the absence minimum sum of an order requiring Five Million Dollars ($5,000,000.00) combined single limit and property damage per occurrence. When such removal policy of liability insurance shall be about to expire and notwithstanding that such Hazardous Substance may likewise when each renewal thereof shall be stored on about to expire, the Premises in compliance with all applicable law or environmental permits. The Tenant hereby expressly agrees that this indemnification will survive shall, at least ten (10) days before the expiration or earlier termination of this Lease and that any statutory limitation periods on actions date, cause to enforce these obligations will not be deemed delivered to commence until the Landlord actually discovers any such circumstances as may give rise to their enforcement and a new Certificate. In the Tenant hereby knowingly and voluntarily waives event of the benefits of any shorter limitation period. Upon the default failure of the Tenant under this Article 5to provide such liability insurance or any renewal thereof, or to pay the premium thereon so as to keep the same valid, the Landlord may terminate this Lease and/or recover either provide the insurance itself, or may itself pay the premium on the insurance effected by the Tenant and, in either 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 any and all loss and expense associated with the default, in addition to any other rights and remedies of the Landlordas "additional rent".
Appears in 1 contract
INDEMNITY TO LANDLORD. Except to the extent attributable to the negligence or wilful misconduct of the Landlord or those for whom it is responsible in law, the The Tenant will indemnify hereby indemnifies and save saves harmless the Landlord, its directors, officers, shareholders, 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 PremisesPremises 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 released by the Tenant or those for whom it is legally responsible 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 governmental authority 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, or any violation of any applicable law or environmental permits pertaining to Hazardous Substances by the Tenant or those for whom it is legally responsibleSubstances. In addition, without limitation, the Tenant further expressly agrees to compensate the Landlord for any and all costs incurred for the removal of any such 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 environmental permits. The Tenant hereby expressly agrees that this indemnification will shall survive the expiration or earlier termination of this Lease and that any statutory limitation periods on actions to enforce these obligations will shall not be deemed to commence until the Landlord actually discovers any such circumstances as may give rise to their enforcement and the Tenant hereby knowingly and voluntarily waives the benefits of any shorter limitation period. Upon the default of the Tenant under this Article 5Part 11, the Landlord may shall be entitled to terminate this Lease and/or recover from the Tenant any and all loss and expense associated with the said default, in addition to any other rights and remedies of the Landlord.
Appears in 1 contract
Sources: Lease Agreement (Worldwide Promotional Products Corp)
INDEMNITY TO LANDLORD. Except to the extent attributable to the negligence or wilful misconduct of the Landlord or those for whom it is responsible in lawSection 1. The Tenant shall indemnify, the Tenant will indemnify defend and save harmless the LandlordLandlord against any and all claims arising from the conduct or management of or from any work or thing whatsoever done in or about the demised premises or the equipment therein during said term, its directors, officers, shareholders, employees and agents and the successors and assigns or arising out of the Landlord occupation of the demised 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 agents, servants or employees, or arising from any accident, injury or damage whatsoever, however caused, to any person or persons, or to the property of any person, persons, corporation or corporations, occurring during said term on, in or about the demised premises, or the sidewalks, streets, driveways and against all loss and expense vaults, if any, adjacent thereto, and from and against all claimscosts, demandsattorneys' fees, actionsexpenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon, suits or other proceedings, judgments, damages, penalties, fines, costs and liabilities, including, without limitation, any reduction in except for the market value negligence of the Premises Landlord, damages for loss his agents, servants or restriction in use of leasable employees, and Landlord's Workmen's Compensation claims by Landlord's employees. In case any action or useable space or proceeding be brought against the Landlord by reason of any amenity 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 PremisesLandlord, damages arising from any adverse impact on marketing cause to be delivered to the Landlord a Certificate of space and sums paid insurance (in settlement of claimswhich, 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 of any Hazardous Substance released by the Tenant or those for whom it is legally responsible in, upon, above 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 governmental authority including that resulting from waste, unhealthful, hazardous or dangerous conditions caused by, contributed to or aggravated by the Tenant or any permitted transferees, or any violation of any applicable law or environmental permits pertaining to Hazardous Substances by the Tenant or those for whom it is legally responsible. In addition, without limitationhowever, the Tenant further expressly 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 acts of omission or commission by the Tenant) issued by an insurance company, if such policy is obtainable, satisfactory to the Landlord, and which the Landlord agrees to compensate approve unless it is reasonable to withhold approval, indemnifying the Landlord for against any and all costs incurred for of the removal of any such Hazardous Substance from the Premises even claims and liabilities in this Article provided for, except as excluded above, in the absence minimum sum of an order requiring Five Million Dollars ($5,000,000.00) combined single limit and property damage in respect to any one occurrence. When such removal policy of liability insurance shall be about to expire and notwithstanding that such Hazardous Substance may likewise when each renewal thereof shall be stored on about to expire, the Premises in compliance with all applicable law or environmental permits. The Tenant hereby expressly agrees that this indemnification will survive shall, at least ten (10) days before the expiration or earlier termination of this Lease and that any statutory limitation periods on actions date, cause to enforce these obligations will not be deemed delivered to commence until the Landlord actually discovers any such circumstances as may give rise to their enforcement and a new Certificate. In the Tenant hereby knowingly and voluntarily waives event of the benefits of any shorter limitation period. Upon the default failure of the Tenant under this Article 5to provide such liability insurance or any renewal thereof, or to pay the premium thereon so as to keep the same valid, the Landlord may terminate this Lease and/or recover either provide the insurance itself, or may itself pay the premium on the insurance effected by the Tenant and, in either 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 any and all loss and expense associated with the default, in addition to any other rights and remedies of the Landlordas "additional rent".
Appears in 1 contract
INDEMNITY TO LANDLORD. Except to the extent attributable to the negligence or wilful misconduct of the Landlord or those for whom it is responsible in law, the The Tenant will indemnify hereby indemnifies and save saves harmless the Landlord, its directors, officers, shareholders, 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 PremisesPremises 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 released by the Tenant or those for whom it is legally responsible 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 governmental authority 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, or any violation of any applicable law or environmental permits pertaining to Hazardous Substances by the Tenant or those for whom it is legally responsibleSubstances. In addition, without limitation, the Tenant further expressly agrees to compensate the Landlord for any and all costs incurred for the removal of any such 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 environmental permits. The Tenant hereby expressly agrees that this indemnification will shall survive the expiration or earlier termination of this Lease and that any statutory limitation periods on actions to enforce these obligations will shall not be deemed to commence until the Landlord actually discovers any such circumstances as may give rise to their enforcement and the Tenant hereby knowingly and voluntarily waives the benefits of any shorter limitation period. Upon the default of the Tenant under this Article 5Part 11, the Landlord may shall be entitled to terminate this Lease and/or recover from the Tenant any and all loss and expense associated with the said default, in addition to any other rights and remedies of the Landlord.
Appears in 1 contract