Common use of INDEMNITY; WAIVER Clause in Contracts

INDEMNITY; WAIVER. Subject to the provisions of Section 14 hereof Lessee shall indemnify, defend, and hold Lessor harmless for, from and against any and all claims, liabilities, costs, attorneys' fees and expert fees and court costs, expenses, penalties or demands of any nature arising from (i) Lessee's use of the Premises, or from the conduct of Lessee's business thereon or from any activity, work or things done, permitted or allowed by Lessee or its agents or contractors in or about the Premises, including without limitation any work performed by and/or the acts and omissions of Lessee's telecommunication service providers in the Premises or other portions of the Building or the Project, and/or (ii) any breach or default in the performance of any obligation or covenant on Lessee's part to be performed under the terms of this Lease (including without limitation Lessee's obligations under Section 6.9), or arising from any negligence or willful misconduct of Lessee, or any of Lessee's agents, contractors, employees, customers or invitees; and from and against all costs, attorneys' fees, environmental consultants' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. If any claim, action or proceeding is threatened or commenced against Lessor which is or may be covered by the foregoing indemnity, Lessee, upon notice from Lessor, shall defend the same, at Lessee's expense, utilizing counsel reasonably acceptable to Lessor. Lessor shall indemnify, defend, and hold Lessee harmless for, from and against any and all claims, suits, actions, proceedings, liabilities, damages, costs or expenses, including reasonable attorneys' and expert fees and court costs arising from any act, omission or negligence of Lessor or its agents, contractors or employees, or from Lessor's breach of its obligations under this Lease.

INDEMNITY; WAIVER. (a) Subject to the provisions of Section 14 hereof Lessee shall indemnify18, defend, Tenant agrees to indemnify Landlord and hold Lessor save Landlord harmless for, from and against any and all liability, claims, liabilitieslosses and expenses (including, costswithout limitation, attorneys' fees reasonable attorney's fees) related to claims for personal injury or property damage, or both, sustained or claimed to have been sustained by any person or persons or property on the Property, in the Premises and expert fees and court costs, expenses, penalties Excess Space caused or demands brought about by Tenant's breach of any nature arising from (i) Lessee's use this Lease or the act or omission of the PremisesTenant, its agents, servants or employees, invitees or licensees during the Term and any holdover period. Subject to the provisions of Section 18, Landlord agrees to indemnify Tenant and save Tenant harmless from any and all liability, claims and loss for personal injury or property damage, or from both, sustained or claimed to have been sustained by any person or persons or property on the conduct Property caused or brought about by Landlord's breach of Lessee's business thereon this Lease or the negligent act or omission of Landlord, its agents, servants or employees during the Term. (b) To the maximum extent this Agreement may be made effective according to law, Tenant agrees that all of the furnishings, fixtures, equipment, effects and property of every kind, nature and description of Tenant which may be on the Premises or elsewhere on the Property, shall be at the sole risk and hazard of Tenant and if the whole or any part thereof shall be destroyed or damaged by fire, water or otherwise, by the leaking or bursting of water pipes, by theft or from any activity, work or things done, permitted or allowed by Lessee or its agents or contractors in or about the Premises, including without limitation any work performed by and/or the acts and omissions other cause no part of Lessee's telecommunication service providers in the Premises or other portions of the Building or the Project, and/or (ii) any breach or default in the performance of any obligation or covenant on Lessee's part said loss is to be performed under charged to or be borne by Landlord unless caused by or due to the terms of this Lease (including without limitation Lessee's obligations under Section 6.9), or arising from any negligence or willful misconduct of Lessee, or any of Lessee's agents, contractors, employees, customers or invitees; and from and against all costs, attorneys' fees, environmental consultants' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. If any claim, action or proceeding is threatened or commenced against Lessor which is or may be covered by the foregoing indemnity, Lessee, upon notice from Lessor, shall defend the same, at Lessee's expense, utilizing counsel reasonably acceptable to Lessor. Lessor shall indemnify, defend, and hold Lessee harmless for, from and against any and all claims, suits, actions, proceedings, liabilities, damages, costs or expenses, including reasonable attorneys' and expert fees and court costs arising from any act, omission or negligence of Lessor or Landlord, its agents, contractors servants or employeesemployees and then only, or from Lessor's breach if Tenant has actual knowledge thereof, notice to Landlord of its obligations under this Leasethe condition claimed to constitute negligence on the expiration of a reasonable time after such notice has been received by Landlord and Landlord has not taken all reasonable and practicable means to cure and correct such condition.

INDEMNITY; WAIVER. (a) In addition to indemnifying Sublandlord in connection with each of the indemnification provisions of the Master Lease incorporated into this Sublease (including, without limitation, Article XXVI of the Master Lease) pursuant to Paragraph 5 above, Subtenant shall indemnify, defend and hold harmless Sublandlord and Sublandlord's agents, employees, officers, directors, shareholders, members, and contractors from and against any and all liabilities, losses, causes of action, suits, claims, demands, judgments, damages, penalties, costs, expenses (including without limitation, reasonable attorneys' fees and costs), claims, suits or actions due to or in any way arising out of or resulting from or related to (a) any breach, violation or nonperformance of any obligation of Subtenant or Kast under this Sublease, (b) Subtenant's use or occupancy xx xhe Property or the condition of the Property, (c) any act, thing or work done or omitted to be done in, on or about the Property or adjacent property by Subtenant or any of the agents, contractors, servants, employees, licensees, visitors or guests of Subtenant, (d) any contest of Governmental Impositions or Requirements of Law (as defined in the Master Lease) by Subtenant authorized by this Sublease, and (e) any damage to property or any injury to persons (including death resulting at any time therefrom) in, on, under or about the Property from any cause. If any action is brought against Sublandlord by reason of any such claim, Subtenant, upon notice from Sublandlord, agrees to defend any such action or proceeding at Subtenant's expense by counsel reasonably satisfactory to Sublandlord. Subtenant and Kast waive all claims against Sublandlord for damage or injxxx to person or property arising, or asserted to have arisen, from any cause whatsoever, including without limitation, any negligence or alleged negligence of Sublandlord or its agents, employees, directors, officers, shareholders, members, or contractors (other than gross negligence or willful misconduct of Sublandlord). Subtenant's and Kast's obligations under this Paragraph 21 shall survive thx xxxxration or earlier termination of this Sublease. (b) Subject to the provisions of Section 14 hereof Lessee shall indemnify27 below and the limitation that damages resulting from the termination of this Sublease may not exceed $100,000 in the aggregate (plus $25,000 in actual Subtenant damages) set forth in Section 5(c) above, defendSublandlord hereby indemnifies and holds Subtenant, Subtenant's nominees, officers, directors, agents, employees, successors and hold Lessor assigns harmless for, from and against any and all claims, demands, liabilities, costsand expenses, including attorneys' fees and expert fees and court costs, litigation expenses, penalties or demands of any nature arising from caused by (i) Lessee's use of the Premises, or from the conduct of Lessee's business thereon or from any activity, work or things done, permitted or allowed by Lessee or its agents or contractors in or about the Premises, including without limitation any work performed by and/or the acts and omissions of Lessee's telecommunication service providers in the Premises or other portions of the Building or the Project, and/or (ii) any breach or default in the performance of any obligation or covenant on Lessee's part to be performed under the terms of this Lease (including without limitation Lessee's obligations under Section 6.9), or arising from any gross negligence or willful misconduct of Lessee, Sublandlord or any (ii) a breach of Lessee's agents, contractors, employees, customers or invitees; and from and against all costs, attorneys' fees, environmental consultants' fees, expenses and liabilities incurred in this Agreement by Sublandlord. In the defense of any such claim or event any action or proceeding shall be brought thereon. If against Subtenant by reason of any such claim, action or proceeding is threatened or commenced against Lessor which is or may be covered by the foregoing indemnity, Lessee, upon notice from Lessor, Sublandlord shall defend the same, same at LesseeSublandlord's expense, utilizing expense by counsel selected by Sublandlord and reasonably acceptable to Lessor. Lessor shall indemnify, defend, and hold Lessee harmless for, from and against any and all claims, suits, actions, proceedings, liabilities, damages, costs or expenses, including reasonable attorneys' and expert fees and court costs arising from any act, omission or negligence of Lessor or its agents, contractors or employees, or from Lessor's breach of its obligations under this LeaseSubtenant.

INDEMNITY; WAIVER. Subject to the provisions of Section 14 hereof Lessee Except for Landlord’s gross negligence or willful misconduct, Tenant shall indemnify, defendprotect, defend and hold harmless the Premises, Landlord and its members, managers, officers, directors, employees, representatives, agents, partners, lenders, and hold Lessor harmless forsuccessors and assigns, from and against any and all claims, liabilitiesloss of rents and/or damages, costsliens, judgments, penalties, attorneys' fees ’ and expert fees and court costsconsultants’ fees, expensesexpenses and/or liabilities arising out of, penalties involving, or demands in connection with, the use and/or occupancy of the Premises by Tenant or anything occurring on or at the Premises, and/or any breach of this Lease by Tenant. If any action or proceeding is brought against Landlord by reason of any nature arising from of the foregoing matters, Tenant shall upon notice defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord and Landlord shall cooperate with Tenant in such defense. Landlord need not have first paid any such claim in order to be defended or indemnified. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Notwithstanding the negligence or breach of this Lease by Landlord or its agents, neither Landlord nor its members, managers, officers, directors, employees, representatives, agents, partners, lenders, or successors and assigns shall be liable under any circumstances for: (i) Lessee's use injury or damage to the person or goods, wares, merchandise or other property of the PremisesTenant or its employees, contractors, invitees, customers, or from the conduct of Lessee's business thereon or from any activity, work or things done, permitted or allowed by Lessee or its agents or contractors other person in or about the Premises, including without limitation whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, indoor air quality, the presence of mold or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any work performed by and/or other cause, whether the acts and omissions of Lessee's telecommunication service providers in said injury or damage results from conditions arising upon the Premises or upon other portions of the Building building of which the Premises are a part, or the Projectfrom other sources or places, and/or (ii) any breach or default in the performance of any obligation or covenant on Lessee's part to be performed under the terms of this Lease (including without limitation Lessee's obligations under Section 6.9), or damages arising from any negligence act or willful misconduct neglect of Lesseeany other tenant of Landlord or from the failure of Landlord or its agents to enforce the provisions of any other lease in the Building, or (iii) injury to Tenant’s business or for any loss of Lessee's agentsincome or profit therefrom. Instead, contractors, employees, customers or invitees; and from and against all costs, attorneys' fees, environmental consultants' fees, expenses and liabilities incurred it is intended that Tenant’s sole recourse in the defense event of any such damages or injury be to file a claim or any action or proceeding brought thereon. If any claim, action or proceeding on the insurance policies that Tenant is threatened or commenced against Lessor which is or may be covered by required to maintain pursuant to the foregoing indemnity, Lessee, upon notice from Lessor, shall defend the same, at Lessee's expense, utilizing counsel reasonably acceptable to Lessor. Lessor shall indemnify, defend, and hold Lessee harmless for, from and against any and all claims, suits, actions, proceedings, liabilities, damages, costs or expenses, including reasonable attorneys' and expert fees and court costs arising from any act, omission or negligence provisions of Lessor or its agents, contractors or employees, or from Lessor's breach of its obligations under this Lease.

INDEMNITY; WAIVER. Subject Rental Stop shall not be liable in any event to the provisions of Section 14 hereof Lessee shall indemnifyRenter, defendfor any reason whatsoever, and hold Lessor harmless forfor any loss, from and against any and all claimsdelay, liabilities, costs, attorneys' fees and expert fees and court costs, expenses, penalties or demands damage of any nature arising kind or character resulting from (i) Lessee's use of the Premisesdefects in, inefficiency, or from the conduct accidental breakage of Lessee's business thereon or from any activity, work or things done, permitted or allowed by Lessee or its agents or contractors in or about the PremisesEquipment, including without limitation the failure to repair Equipment if disabled, or furnish substitute Equipment. Rental Stop shall not be liable for the storage, damage, or loss of Renter’s goods or property or any work performed other goods or property carried, transported, or located on the Equipment, regardless of whether such loss is caused by and/or the acts negligence of Rental Stop, its employees or agents. In the event of theft or vandalism, Renter shall immediately notify Rental Stop and omissions shall immediately file a police report. Rental Stop’s maximum liability for any action arising out of Lessee's telecommunication service providers in the Premises or other portions of the Building relating to this Rental Agreement or the Project, and/or (ii) any breach or default in the performance of any obligation or covenant on Lessee's part Equipment hereunder is limited to be performed under the terms of this Lease (including without limitation Lessee's obligations under Section 6.9), or arising from any negligence or willful misconduct of Lessee, or any of Lessee's agents, contractors, employees, customers or invitees; and from and against all costs, attorneys' fees, environmental consultants' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. If any claim, action or proceeding is threatened or commenced against Lessor which is or may be covered amounts actually paid by the foregoing indemnity, Lessee, upon notice from Lessor, shall defend the same, at Lessee's expense, utilizing counsel reasonably acceptable Renter to Lessor. Lessor shall indemnify, defend, and hold Lessee harmless for, from and against any and all claims, suits, actions, proceedings, liabilities, damages, costs or expenses, including reasonable attorneys' and expert fees and court costs arising from any act, omission or negligence of Lessor or its agents, contractors or employees, or from Lessor's breach of its obligations Rental Stop under this Lease.Rental Agreement. RENTER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS RENTAL STOP AGAINST ALL LOSS, DAMAGE, EXPENSE, ATTEMPTED SEIZURE, AND PENALTY ARISING INCLUDING REASONABLE ATTORNEYS FEES, FROM ANY ACTION ON ACCOUNT OF ANY INJURY TO PERSON OR PROPERTY OF ANY CHARACTER WHATSOEVER OCCASIONED BY THE USE, OPERATION, HAULING, OR TRANSPORTATION OF ANY EQUIPMENT DURING THE RENTAL PERIOD. RENTER WAIVES ANY RIGHT TO CONTRIBUTION, APPORTIONMENT, AND/OR RECOUPMENT FROM RENTAL STOP FOR ANY CLAIMS MADE BY RENTER’S EMPLOYEES, WHETHER INVOLVING WORKERS COMPENSATION OR OTHERWISE, OR MADE BY THIRD PARTIES, REGARDLESS OF ANY FAULT THAT MAY BE ASSESSED AGAINST RENTAL