Common use of JOINT INDEMNITY Clause in Contracts

JOINT INDEMNITY. (a) To the fullest extent permitted by law, but subject to Section 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord, its agents, lenders, and any and all affiliates of Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the Commencement Date from Tenant’s use or occupancy of the Premises, the Building or the Common Areas, or from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act or negligence of Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.3(a) through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent such liability or expense: (i) is ultimately determined to have been caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees, or (ii) covered by Landlord’s indemnity obligations set forth in Section 10.3(b) below.

JOINT INDEMNITY. (a) To the fullest extent permitted by law, but subject to Section 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord, its agents, lenders, and any and all affiliates of Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the Commencement Date from Tenant’s use or occupancy of the Premises, the Building or the Common Areas, or from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act or negligence of Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.3(a) through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent such liability or expense: (i) is ultimately determined to have been caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees, or (ii) is covered by Landlord’s indemnity obligations set forth in Section 10.3(b) below.

JOINT INDEMNITY. (a) To the fullest extent permitted by law, but subject to Section 10.5 below, Tenant shall defend, indemnify indemnify, protect, save and hold harmless Landlord, its agents, lenders, and any and all affiliates of Landlord, including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the Commencement Date from Tenant’s use or occupancy of the Premises, the Building or the Common Areas, or from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas, or from any Event of Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act or negligence of Tenant or its agents, employees, subtenantsvisitors, vendorspatrons, contractorsguests, invitees or licensees. Landlord may, at its option, require Tenant to shall assume Landlord’s defense in any action covered by this Section 10.3(a) through counsel reasonably satisfactory to Landlord. Notwithstanding The provisions of this Section 10.3(a) shall expressly survive the foregoing, Tenant expiration or sooner termination of this Lease. Tenant’s obligations under this Section shall not be obligated to indemnify Landlord against any liability apply in the event that the claim, liability, cost or expense to the extent such liability or expense: (i) is ultimately determined to have been caused by the sole active negligence or willful misconduct of Landlord, its agentsLandlord’s employees, contractors or employees, authorized agents; or (ii) covered by (1) relates to an obligation of Landlord hereunder and (2) is of the nature that Landlord had actual knowledge of the condition; or (iii) that is Landlord’s indemnity obligations set forth in responsibility to indemnify Tenant pursuant to Section 10.3(b) below.

JOINT INDEMNITY. (a) To the fullest extent permitted by law, but law and subject to the provisions of Section 10.5 below10.5, Tenant shall defend, indemnify indemnify, protect, save and hold harmless Landlord, its agents, lenders, and any and all affiliates of Landlord, including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the Commencement Date from Tenant’s 's use or occupancy of the Premises, the Building or the Common Areas, or from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, or from any negligence or willful misconduct of Tenant or its agents, employees, visitors, patrons, guests, invitees or licensees. In cases of alleged negligence asserted by third parties against Landlord which arise out of, are occasioned by, or in any way attributable to Tenant's, its agents, employees, contractors, licensees or invitees use and occupancy of the Building or the Common AreasPremises, or from the conduct of its business or from any Default in the performance of any obligation activity, work or thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees on Tenant’s 's part to be performed under this Lease, or from any act negligence or negligence willful misconduct of Tenant or Tenant, its agents, employees, subtenantslicensees or invitees, vendorsTenant shall accept any tender of defense for Landlord and shall, contractorsnotwithstanding any allegation of negligence or willful misconduct on the part of the Landlord, invitees or licensees. defend Landlord mayand protect and hold Landlord harmless and pay all costs, at its optionexpenses and attorneys' fees incurred in connection with such litigation, require Tenant to assume Landlord’s defense in any action covered by this Section 10.3(a) through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, provided that Tenant shall not be obligated to indemnify liable for any such injury or damage, and Landlord against any liability or expense shall reimburse Tenant for the reasonable attorney's fees and costs for the attorney representing both parties, all to the extent and in the proportion that such liability injury or expense: (i) damage is ultimately determined by a court of competent jurisdiction (or in connection with any negotiated settlement agreed to have been caused by Landlord) to be attributable to the sole negligence or willful misconduct of Landlord. If the attorney retained by Tenant or its insurer to defend Landlord and Tenant reasonably determines he or she is legally or ethically precluded from representing both Landlord and Tenant, its agentsTenant shall at Tenant's sole cost and expense, contractors retain a separate attorney reasonably selected by Landlord to represent Landlord in any such suit; provided, however, that to the extent and in the proportion that the injury or employees, damage which is the subject of the suit is ultimately determined by a court of competent jurisdiction (or (ii) covered in connection with any negotiated settlement agreed to by Landlord’s indemnity ) to be attributable to the negligence or willful misconduct of Landlord or a default by Landlord of its obligations set forth in Section 10.3(bunder this Lease, Landlord shall reimburse Tenant for the reasonable legal fees and costs of the separate attorney retained by Tenant. The provisions of this Subsection 10.3(a) belowshall expressly survive the expiration or sooner termination of this Lease.

JOINT INDEMNITY. (a) To the fullest extent permitted by law, but subject to the express limitations on liability contained in Section 10.5 belowof this Lease, Tenant shall defend, indemnify indemnify, protect, save and hold harmless Landlord, its agents, lenders, and any and all affiliates of Landlord, including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the Commencement Date from Tenant’s 's use or occupancy of the Premises, the Building or the Common Areas, or from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, or from any negligence or willful misconduct of Tenant or its agents, employees, visitors, patrons, guests, invitees or licensees. In cases of alleged negligence asserted by third parties against Landlord which arise out of, are occasioned by, or in any way attributable to Tenant's, its agents, employees, contractors, licensees or invitees use and occupancy of the Building or the Common AreasPremises, or from the conduct of its business or from any Default in the performance of any obligation activity, work or thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees on Tenant’s 's part to be performed under this Lease, or from any act negligence or negligence willful misconduct of Tenant or Tenant, its agents, employees, subtenantslicensees or invitees, vendorsTenant shall accept any tender of defense for Landlord and shall, contractorsnotwithstanding any allegation of negligence or willful misconduct on the part of the Landlord (but subject to the reimbursement provisions hereinafter provided), invitees or licensees. defend Landlord mayand protect and hold Landlord harmless and pay all costs, at its optionexpenses and attorneys' fees incurred in connection with such litigation, require Tenant to assume Landlord’s defense in any action covered by this Section 10.3(a) through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, provided that Tenant shall not be obligated to indemnify liable for any such injury or damage, and Landlord against any liability or expense shall reimburse Tenant for the reasonable attorney's fees and costs for the attorney representing both parties, all to the extent and in the proportion that such liability injury or expense: (i) damage is ultimately determined by a court of competent jurisdiction (or in connection with any negotiated settlement agreed to have been caused by Landlord) to be attributable to the negligence or willful misconduct of Landlord. Upon Landlord's request, Tenant shall at Tenant's sole cost and expense, retain a separate attorney selected by Landlord and reasonably acceptable to Tenant to represent Landlord in any such suit if Landlord reasonably determines that the representation of both Tenant and Landlord by the sole same attorney would cause a conflict of interest; provided, however, that to the extent and in the proportion that the injury or damage which is the subject of the suit is ultimately determined by a court of competent jurisdiction (or in connection with any negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord, its agents, contractors Landlord shall reimburse Tenant for the reasonable legal fees and costs of the separate attorney retained by Tenant. The provisions of this Subsection 10.3(a) shall expressly survive the expiration or employees, or (ii) covered by Landlord’s indemnity obligations set forth in Section 10.3(b) belowsooner termination of this Lease.

JOINT INDEMNITY. (a) To the fullest extent permitted by law, but subject to Section 10.5 below, Tenant shall defend, indemnify indemnify, protect, save and hold harmless Landlord, its agents, lenders, and any and all affiliates of Landlord, including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the Commencement Date from Tenant’s use or occupancy of the Premises, the Building or the Common Areas, including, without limitation, the use by Tenant, its agents, employees, invitees or licensees of any recreational facilities within the Common Areas, or from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas, or from any Event of Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act or negligence of Tenant or its agents, employees, subtenantsvisitors, vendorspatrons, contractorsguests, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.3(a) through counsel reasonably satisfactory to Landlord. Notwithstanding The provisions of this Section 10.3(a) shall expressly survive the foregoing, Tenant expiration or sooner termination of this Lease. Tenant’s obligations under this Section shall not be obligated to indemnify Landlord against any liability apply in the event that the claim, liability, cost or expense to the extent such liability or expense: is (i) is ultimately determined to have been caused by the sole active negligence or willful misconduct of Landlord, its agents, contractors or employees, or (ii) is covered by Landlord’s indemnity obligations set forth in Section 10.3(b) below.

JOINT INDEMNITY. (a) To the fullest extent permitted by law, but subject to the express limitations on liability contained in Section 10.5 belowof this Lease, Tenant shall defend, indemnify indemnify, protect, save and hold harmless Landlord, its agents, lenders, and any and all affiliates of Landlord, including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the Commencement Date from Tenant’s 's use or occupancy of the Premises, the Building or the Common Areas, or from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, or from any negligence or willful misconduct of Tenant or its agents, employees, visitors, patrons, guests, invitees or licensees. In cases of alleged negligence asserted by third parties against Landlord which arise out of, are occasioned by, or in any way attributable to Tenant's, its agents, employees, contractors, licensees or invitees use and occupancy of the Building or the Common AreasPremises, or from the conduct of its business or from any Default in the performance of any obligation activity, work or thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees on Tenant’s 's part to be performed under this Lease, or from any act negligence or negligence willful misconduct of Tenant or Tenant, its agents, employees, subtenantslicensees or invitees, vendorsTenant shall accept any tender of defense for Landlord and shall, contractorsnotwithstanding any allegation of negligence or willful misconduct on the part of the Landlord, invitees or licensees. defend Landlord mayand protect and hold Landlord harmless and pay all costs, at its optionexpenses and attorneys' fees incurred in connection with such litigation, require Tenant to assume Landlord’s defense in any action covered by this Section 10.3(a) through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, provided that Tenant shall not be obligated to indemnify liable for any such injury or damage, and Landlord against any liability or expense shall reimburse Tenant for the reasonable attorney's fees and costs for the attorney representing both parties, all to the extent and in the proportion that such liability injury or expense: (i) damage is ultimately determined by a court of competent jurisdiction (or in connection with any negotiated settlement agreed to have been caused by Landlord) to be attributable to the negligence or willful misconduct of Landlord. Upon Landlord's request, Tenant shall at Tenant's sole cost and expense, retain a separate attorney reasonably selected by Landlord to represent Landlord in any such suit if Landlord reasonably determines that the representation of both Tenant and Landlord by the sole same attorney would cause a conflict of interest; provided, however, that to the extent and in the proportion that the injury or damage which is the subject of the suit is ultimately determined by a court of competent jurisdiction (or in connection with any negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord, its agents, contractors Landlord shall reimburse Tenant for the reasonable legal fees and costs of the separate attorney retained by Tenant. The provisions of this Subsection 10.3(a) shall expressly survive the expiration or employees, or (ii) covered by Landlord’s indemnity obligations set forth in Section 10.3(b) belowsooner termination of this Lease.

JOINT INDEMNITY. (a) To the fullest extent permitted by law, but subject to Section 10.5 below, Tenant shall defend, indemnify indemnify, protect, save and hold harmless Landlord, its agents, lenders, and any and all affiliates of Landlord, including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the Commencement Date from Tenant’s 's use or occupancy of the Premises, the Building or the Common Areas, or from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas, or from any Event of Default in the performance of any obligation on Tenant’s 's part to be performed under this Lease, or from any act or negligence of Tenant or its agents, employees, subtenantsvisitors, vendorspatrons, contractorsguests, invitees or licensees. Landlord may, at its option, require Tenant to shall assume Landlord’s 's defense in any action covered by this Section 10.3(a) through counsel reasonably satisfactory to Landlord. Notwithstanding The provisions of this Section 10.3(a) shall expressly survive the foregoing, Tenant expiration or sooner termination of this Lease. Tenant's obligations under this Section shall not be obligated to indemnify Landlord against any liability apply in the event that the claim, liability, cost or expense to the extent such liability or expense: (i) is ultimately determined to have been caused by the sole active negligence or willful misconduct of Landlord, its agentsLandlord's employees, contractors or employees, authorized agents; or (ii) covered by (1) relates to an obligation of Landlord hereunder and (2) is of the nature that Landlord had actual knowledge of the condition; or (iii) that is Landlord’s indemnity obligations set forth in 's responsibility to indemnify Tenant pursuant to Section 10.3(b) below.

JOINT INDEMNITY. (a) To the fullest extent permitted by law, but subject to Section 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord, its agents, lenders, and any and all affiliates of Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the Commencement Date from Tenant’s use or occupancy of the Premises, the Building or the Common Areas, or from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act or negligence of Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.3(a10.2(a) through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent such liability or expense: (i) is ultimately determined to have been caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees, or (ii) covered by Landlord’s indemnity obligations set forth in Section 10.3(b10.2(b) below.

JOINT INDEMNITY. (a) To the fullest extent permitted by law, but subject to Section 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord, its agents, lenders, and any and all affiliates of LandlordLandlord who have an interest in the property, from and against any and all claims, liabilities, costs or expenses arising either before or after the Commencement Date from Tenant’s use or occupancy of the Premises, the Building or the Common Areas, or from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act or negligence of Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.3(a) through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent such liability or expense: (i) is ultimately determined to have been caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees, or (ii) covered by Landlord’s indemnity obligations set forth in Section 10.3(b) below.

JOINT INDEMNITY. (a) To the fullest extent permitted by law, but subject to Section 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord, its agents, lenders, and any and all affiliates of Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the Commencement Date from Tenant’s use or occupancy of the Premises, the Building Building, the “Rear Area” (as defined in Section 3 of Exhibit G attached to this Lease) or the Common Areas, or from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building Building, the Rear Area or the Common Areas, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act or negligence of Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.3(a) through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent such liability or expense: (i) is ultimately determined to have been caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees, or (ii) is covered by Landlord’s indemnity obligations set forth in Section 10.3(b) below.

JOINT INDEMNITY. (a) To the fullest extent permitted by law, but subject to Section 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord, its agents, lenders, and any and all affiliates of Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the Commencement Date from Tenant’s use or occupancy of the Premises, the Building or the Common Areas, or from the conduct of its business, or from any activity, work, or thing done, done or permitted or suffered by Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act or negligence of Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.3(a) through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent Alteryx, Inc. such liability or expense: (i) is ultimately determined to have been caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees, or (ii) covered by Landlord’s indemnity obligations set forth in Section 10.3(b) below.

JOINT INDEMNITY. (a) To the fullest extent permitted by law, but subject to Section 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord, its agents, lenders, and any and all affiliates of Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the Commencement Date from Tenant’s use or occupancy of the Premises, the Building or the Common Areas, or from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act or negligence of Tenant or its agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.3(a) through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent such liability or expense: (i) is ultimately determined to have been caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees, or (ii) is covered by Landlord’s indemnity obligations set forth in Section 10.3(b) below.