Common use of Intent and Effect Clause in Contracts

Intent and Effect. It is the intent and effect of the provisions contained in this section 11 and a material inducement for Landlord to enter into this Lease with Tenant, that Tenant’s obligations hereunder shall be and include a full and total release and indemnification of the Released Parties against any kind or nature of claim whatsoever that is or may be asserted by reason of or as a consequence of Landlord having granted a leasehold to Tenant to possess, occupy, use, improve, operate, and maintain the Premises, and that any and all risks of loss and responsibility for claims shall be borne by Tenant and not by Landlord, the public, or Landlord’s taxpayers. Xxxxxx acknowledges and agrees that the provisions of this section 11 are provided as separate consideration and inducement for this Lease and such Lease would not have been entered into by Landlord absent the giving of such consideration by Xxxxxx. Tenant’s obligations under this section 11 shall survive the termination of this Lease for any matter arising prior to the effective date of the termination or the date Tenant no longer possesses, occupies, uses, operates, or maintains the Premises, whichever is later. Notwithstanding any other provision of this Lease, should any claim or litigation by any person or entity arise against Landlord as to liability for any injury, death, or property damage due to the condition of the Premises or Tenant’s possession, occupancy, use, operation, or maintenance of the Premises or Tenant’s activities, Tenant shall be responsible for, and promptly reimburse Landlord for, all costs of Landlord’s defense of such claim or litigation, including but not limited to fees for Landlord’s attorneys and experts.

Appears in 3 contracts

Samples: Lease Agreement, Lease Agreement, Lease Agreement

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Intent and Effect. It is the intent and effect of the provisions contained in this section 11 and a material inducement condition in consideration for Landlord to enter into this Lease with Tenant, that Tenant’s obligations hereunder shall be and include a full and total release and indemnification of the Released Parties against any kind or nature of claim whatsoever that is or may be asserted by reason of or as a consequence of Landlord having granted a leasehold to Tenant to possess, occupy, use, improve, operate, and maintain the Premises, and that any and all risks of loss and responsibility for claims shall be borne by Tenant and not by Landlord, the public, or Landlord’s taxpayers. Xxxxxx acknowledges and agrees that the provisions of this section 11 are provided as separate consideration and inducement for this Lease and such Lease would not have been entered into by Landlord absent the giving of such consideration by Xxxxxx. Tenant’s obligations under this section 11 shall survive the termination of this Lease for any matter arising prior to the effective date of the termination or the date Tenant no longer possesses, occupies, uses, operates, or maintains the Premises, whichever is later. Notwithstanding any other provision of this Lease, should any claim or litigation by any person or entity arise against Landlord as to liability for any injury, death, or property damage due to the condition of the Premises or Tenant’s possession, occupancy, use, operation, or maintenance of the Premises or Tenant’s activities, Tenant shall be responsible for, and promptly reimburse Landlord for, all costs of Landlord’s defense of such claim or litigation, including but not limited to fees for Landlord’s attorneys and experts.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Intent and Effect. It is the intent and effect of the provisions contained in this section 11 and a material inducement condition in consideration for Landlord to enter into this Lease with Tenant, that Tenant’s obligations hereunder shall be and include a full and total release and indemnification of the Released Parties against any kind or nature of claim whatsoever that is or may be asserted by reason of or as a consequence of Landlord having granted a leasehold to Tenant to possess, occupy, use, improve, operate, and maintain the Premises, and that any and all risks of loss and responsibility for claims shall be borne by Tenant and not by Landlord, the public, or Landlord’s taxpayers. Xxxxxx Tenant acknowledges and agrees that the provisions of this section 11 are provided as separate consideration and inducement for this Lease and such Lease would not have been entered into by Landlord absent the giving of such consideration by XxxxxxTenant. Tenant’s obligations under this section 11 shall survive the termination of this Lease for any matter arising prior to the effective date of the termination or the date Tenant no longer possesses, occupies, uses, operates, or maintains the Premises, whichever is later. Notwithstanding any other provision of this Lease, should any claim or litigation by any person or entity arise against Landlord as to liability for any injury, death, or property damage due to the condition of the Premises or Tenant’s possession, occupancy, use, operation, or maintenance of the Premises or Tenant’s activities, Tenant shall be responsible for, and promptly reimburse Landlord for, all costs of Landlord’s defense of such claim or litigation, including but not limited to fees for Landlord’s attorneys and experts.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Intent and Effect. It is the intent and effect of the provisions contained in this section 11 and a material inducement for Landlord to enter into this Lease with Tenant, that Tenant’s obligations hereunder shall be and include a full and total release and indemnification of the Released Parties against any kind or nature of claim whatsoever that is or may be asserted by reason of or as a consequence of Landlord having granted a leasehold to Tenant to possess, occupy, use, improve, operate, and maintain the Premises, and that any and all risks of loss and responsibility for claims shall be borne by Tenant and not by Landlord, the public, or Landlord’s taxpayers. Xxxxxx Tenant acknowledges and agrees that the provisions of this section 11 are provided as separate consideration and inducement for this Lease and such Lease would not have been entered into by Landlord absent the giving of such consideration by XxxxxxTenant. Tenant’s obligations under this section 11 shall survive the termination of this Lease for any matter arising prior to the effective date of the termination or the date Tenant no longer possesses, occupies, uses, operates, or maintains the Premises, whichever is later. Notwithstanding any other provision of this Lease, should any claim or litigation by any person or entity arise against Landlord as to liability for any injury, death, or property damage due to the condition of the Premises or Tenant’s possession, occupancy, use, operation, or maintenance of the Premises or Tenant’s activities, Tenant shall be responsible for, and promptly reimburse Landlord for, all costs of Landlord’s defense of such claim or litigation, including but not limited to fees for Landlord’s attorneys and experts.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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Intent and Effect. It is the intent and effect of the provisions contained in this section 11 and a material inducement for Landlord to enter into this Lease with Tenant, that Tenant’s obligations hereunder shall be and include a full and total release and indemnification of the Released Parties against any kind or nature of claim whatsoever that is or may be asserted by reason of or as a consequence of Landlord having granted a leasehold to Tenant to possess, occupy, use, improve, operate, and maintain the Premises, and that any and all risks of loss and responsibility for claims shall be borne by Tenant and not by Landlord, the public, or Landlord’s taxpayers. Xxxxxx acknowledges and agrees that the provisions of this section 11 are provided as separate consideration and inducement for this Lease and such Lease would not have been entered into by Landlord absent the giving of such consideration by Xxxxxx. Tenant’s obligations under this section 11 shall survive the termination of this Lease for any matter arising prior to the effective date of the termination or the date Tenant no longer possesses, occupies, uses, operates, or maintains the Premises, whichever is later. Notwithstanding any other provision of this Lease, should any claim or litigation by any person or entity arise against Landlord as to liability for any injury, death, or property damage due to the condition of the Premises or Tenant’s possession, occupancy, use, operation, or maintenance of the Premises or Tenant’s activities, Tenant shall be responsible for, and promptly reimburse Landlord for, all costs of LandlordXxxxxxxx’s defense of such claim or litigation, including but not limited to fees for Landlord’s attorneys and experts.

Appears in 1 contract

Samples: Lease Agreement

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