Common use of Indemnity; Waiver Clause in Contracts

Indemnity; Waiver. Except for Landlord’s gross negligence or willful misconduct, Tenant shall indemnify, protect, defend and hold harmless the Premises, Landlord and its members, managers, officers, directors, employees, representatives, agents, partners, lenders, and successors and assigns, from and against any and all claims, loss of rents and/or damages, liens, judgments, penalties, attorneys’ and consultants’ fees, expenses and/or liabilities arising out of, involving, or 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 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) injury or damage to the person or goods, wares, merchandise or other property of Tenant or its employees, contractors, invitees, customers, or any other person in or about the Premises, 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 other cause, whether the said injury or damage results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources or places, (ii) any damages arising from any act or neglect of any 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 income or profit therefrom. Instead, it is intended that Tenant’s sole recourse in the event of such damages or injury be to file a claim on the insurance policies that Tenant is required to maintain pursuant to the provisions of this Lease.

Indemnity; Waiver. Except for Landlord’s gross negligence or willful misconduct(a) Subject to the provisions of Section 18, Tenant shall indemnify, protect, defend and hold harmless the Premises, agrees to indemnify Landlord and its members, managers, officers, directors, employees, representatives, agents, partners, lenders, and successors and assigns, save Landlord harmless from and against any and all liability, claims, loss of rents and/or damageslosses and expenses (including, lienswithout limitation, judgments, penalties, attorneys’ and consultants’ reasonable attorney's fees, expenses and/or liabilities arising out of, involving) 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 connection with, the use and/or occupancy of the Premises and Excess Space caused or brought about by Tenant or anything occurring on or at the Premises, and/or any Tenant's breach of this Lease by Tenant. If any action or proceeding is brought against Landlord by reason of any the act or omission of the foregoing mattersTenant, 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 shall upon notice defend and save Tenant harmless from any and all liability, claims and loss for personal injury or property damage, or both, sustained or claimed to have been sustained by any person or persons or property on the same at Tenant’s expense Property caused or brought about 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 Landlord's breach of this Lease by Landlord or the negligent act or omission of Landlord, its agents, neither Landlord nor its membersservants or employees during the Term. (b) To the maximum extent this Agreement may be made effective according to law, managersTenant agrees that all of the furnishings, officersfixtures, directorsequipment, employeeseffects and property of every kind, representativesnature and description of Tenant which may be on the Premises or elsewhere on the Property, agents, partners, lenders, or successors and assigns shall be liable under any circumstances for: (i) injury or damage to at the person or goods, wares, merchandise or other property sole risk and hazard of Tenant or its employees, contractors, invitees, customers, and if the whole or any other person in part thereof shall be destroyed or about the Premises, whether such damage or injury is caused damaged by or results from fire, steam, electricity, gas, water or rainotherwise, indoor air quality, by the presence leaking or bursting of mold or from the breakage, leakage, obstruction or other defects of water pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, by theft or from any other causecause no part of said loss is to be charged to or be borne by Landlord unless caused by or due to the negligence of Landlord, whether the said injury its agents, servants or damage results from conditions arising upon the Premises or upon other portions employees and then only, if Tenant has actual knowledge thereof, notice to Landlord of the building of which the Premises are a part, or from other sources or places, (ii) any damages arising from any act or neglect of any other tenant of Landlord or from the failure of Landlord or its agents condition claimed to enforce the provisions of any other lease in the Building, or (iii) injury to Tenant’s business or for any loss of income or profit therefrom. Instead, it is intended that Tenant’s sole recourse in the event of such damages or injury be to file a claim constitute negligence on the insurance policies that Tenant is required expiration of a reasonable time after such notice has been received by Landlord and Landlord has not taken all reasonable and practicable means to maintain pursuant to the provisions of this Leasecure and correct such condition.

Indemnity; Waiver. Except for Landlord’s gross negligence or willful misconduct(a) In addition to indemnifying Sublandlord in connection with each of the indemnification provisions of the Master Lease incorporated into this Sublease (including, Tenant without limitation, Article XXVI of the Master Lease) pursuant to Paragraph 5 above, Subtenant shall indemnify, protect, defend and hold harmless the PremisesSublandlord and Sublandlord's agents, Landlord and its members, managersemployees, 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, representativeslicensees, 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 27 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, Sublandlord hereby indemnifies and holds Subtenant, Subtenant's nominees, officers, directors, agents, partnersemployees, lenders, and successors and assigns, assigns harmless from and against any and all claims, loss demands, liabilities, and expenses, including attorneys' fees and litigation expenses, caused by (i) the gross negligence or willful misconduct of rents and/or damages, liens, judgments, penalties, attorneys’ and consultants’ fees, expenses and/or liabilities arising out of, involving, Sublandlord or in connection with, the use and/or occupancy of the Premises by Tenant or anything occurring on or at the Premises, and/or any (ii) a breach of this Lease Agreement by TenantSublandlord. If In the event any action or proceeding is shall be brought against Landlord Subtenant by reason of any of the foregoing matterssuch claim, Tenant Sublandlord shall upon notice defend the same at Tenant’s Sublandlord's expense by counsel selected by Sublandlord and reasonably satisfactory acceptable 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) injury or damage to the person or goods, wares, merchandise or other property of Tenant or its employees, contractors, invitees, customers, or any other person in or about the Premises, 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 other cause, whether the said injury or damage results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources or places, (ii) any damages arising from any act or neglect of any 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 income or profit therefrom. Instead, it is intended that Tenant’s sole recourse in the event of such damages or injury be to file a claim on the insurance policies that Tenant is required to maintain pursuant to the provisions of this LeaseSubtenant.

Indemnity; Waiver. Except Rental Stop shall not be liable in any event to Renter, for Landlord’s gross negligence any reason whatsoever, for any loss, delay, or willful misconductdamage of any kind or character resulting from defects in, Tenant inefficiency, or accidental breakage of Equipment, including the failure to repair Equipment if disabled, or furnish substitute Equipment. Rental Stop shall indemnifynot be liable for the storage, protectdamage, defend and hold harmless the Premises, Landlord and its members, managers, officers, directors, employees, representatives, agents, partners, lenders, and successors and assigns, from and against any and all claims, or loss of rents and/or damages, liens, judgments, penalties, attorneys’ and consultants’ fees, expenses and/or liabilities arising out of, involving, Renter’s goods or 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 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) injury or damage to the person or goods, wares, merchandise or other property of Tenant or its employees, contractors, invitees, customers, or any other person in goods or about property carried, transported, or located on the PremisesEquipment, regardless of whether such damage or injury loss is caused by the negligence of Rental Stop, its employees 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 other cause, whether the said injury or damage results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources or places, (ii) any damages arising from any act or neglect of any 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 income or profit therefromagents. Instead, it is intended that Tenant’s sole recourse in In the event of such damages theft or injury be to vandalism, Renter shall immediately notify Rental Stop and shall immediately file a claim on police report. Rental Stop’s maximum liability for any action arising out of or relating to this Rental Agreement or the insurance policies that Tenant Equipment hereunder is required limited to maintain pursuant amounts actually paid by Renter to the provisions of 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