Common use of Landlord Indemnification Clause in Contracts

Landlord Indemnification. A. Except as otherwise provided for herein, Landlord agrees to indemnify and save harmless Tenant, Tenant's successors and assigns, and Tenant's present and future officers, directors, employees, and agents (collectively TENANT INDEMNITEES) against any and all claims, demands, damages, costs, and expenses, arising from the operations of the Landlord in the Building, or from the construction of improvements to any other portion of the Building, or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act of negligence of Landlord, its agents, contractors, servants, and employees in or about the Leased Premises and the Building. In case of any action or proceeding brought against Tenant Indemnities by reason of any such claim, upon Notice from Tenant, Landlord covenants to defend such action or proceeding by counsel, competent in the Tenant's reasonable judgement. To the extent not expressly prohibited by law, Landlord releases Tenant Indemnitees, from, and waives all claims to damages to person or property, sustained by the Landlord and/or the Building resulting directly or indirectly from fire or other casualty, because of existing or future conditions, defects, matters or things in the Leased Premises or any part thereof; or from any equipment or appurtenances therein or from any accident in or about the Leased Premises or from any act by any of Tenant's employees, agents or servants, EXCEPT in the event the damages are caused by the negligence or wrongful intentional acts of the Tenant Indemnitees.

Appears in 3 contracts

Samples: Lease Agreement (Allscripts Inc /Il), Lease Agreement (Allscripts Inc /Il), Lease Agreement (Allscripts Inc /Il)

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Landlord Indemnification. A. Except as otherwise provided for hereinLandlord hereby indemnifies, Landlord agrees to indemnify and save harmless Tenant, Tenant's successors and assignsdefends, and Tenant's present holds Tenant and future officersTenant Parties (herein collectively, directors, employees, “Tenant Indemnified Parties”) harmless from and agents (collectively TENANT INDEMNITEES) against any and all claims, demands, damages, costs, and expenses, Tenant Losses (defined below) actually suffered or incurred by Tenant or any Tenant Indemnified Parties arising from or in connection with any or all of: (a) any act, omission or negligence of any or all of Landlord and Landlord’s Indemnified Parties; (b) any accident, injury or damage whatsoever (unless caused by Tenant negligence) occurring within the operations Building or Common Areas and caused by any or all of Landlord and Landlord Indemnified Parties; (c) any breach by Landlord of any of its warranties and representations under this Lease; (d) any violation or alleged violation by any or all of Landlord and Landlord Indemnified Parties of any Law including, without limitation, any Environmental Law; (e) claims for work or labor performed or materials supplies furnished to or at the request of any or all of Landlord in the Buildingand Landlord Indemnified Parties; (f) any Hazardous Materials used, exposed, emitted, released, discharged, generated, manufactured, sold, transported, handled, stored, treated, reused, presented, disposed of or from the construction of improvements to recycled in, at, near or under all or any other portion of the Building, Property by any or from any breach or default on the part all of Landlord in and Landlord Indemnified Parties; and (g) the performance violation of any covenant Environmental Law or agreement on the part any permit, application or consent required in connection with any Environmental Law by any or all of Landlord to be performed pursuant and Landlord Indemnified Parties with respect to the terms Property during the Term, excluding, however, any violation of this Leaseany Environmental Law resulting directly from the acts or omissions of Tenant and Tenant Parties (collectively, or from any act of negligence of Landlord, its agents, contractors, servants, and employees in or about the Leased Premises and the Building’s Indemnified Matters”). In case of any action or proceeding is brought against any or all of Tenant Indemnities and Tenant Parties by reason of any such claimof Landlord’s Indemnified Matters, Landlord, upon Notice notice from Tenantany or all of Tenant and Tenant Parties, Landlord covenants to shall resist and defend such action or proceeding by counselcounsel reasonably satisfactory to Tenant. The term “Tenant Losses” shall mean all claims, competent demands, expenses, actions, judgments, damages (actual, but not consequential), penalties, fines, liabilities, losses of every kind and nature (including, without limitation, property damage, diminution in value of Tenant interest in the Tenant's Premises, damages for the loss or restriction on use of any space or amenity within the Premises or the Property, sums paid in settlement of claims and any costs and expenses associated with injury, illness or death to or of any person), suits, administrative proceedings, costs and fees, including, without limitation, attorneys’ and consultants’ reasonable judgement. To the extent not expressly prohibited by law, Landlord releases Tenant Indemnitees, fromfees and expenses, and waives all claims the costs of cleanup, remediation, removal and restoration, that are in any way related to damages to person or property, sustained any matter covered by the foregoing indemnity or Landlord’s indemnity as outlined in Section 9.1 and 9.2, Notwithstanding anything to the contrary set forth in this Lease, however, in all events and under all circumstances, the liability of Landlord and/or to Tenant shall be limited to the Building resulting directly or indirectly from fire or other casualty, because interest of existing or future conditions, defects, matters or things Landlord in the Leased Premises or any part thereof; or from any equipment or appurtenances therein or from any accident in or about the Leased Premises or from any act by any of Tenant's employeesProperty, agents or servants, EXCEPT and Tenant agrees to look solely to Landlord’s interest in the event Property for the damages are caused by recovery of any judgment or award against Landlord, it being intended that Landlord shall not be personally liable for any judgment or deficiency. The provisions of this Section 17.2.2 shall survive the negligence expiration or wrongful intentional acts termination of the Tenant Indemniteesthis Lease.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease (Wornick CO Right Away Division, L.P.), Assignment and Assumption of Lease (TWC Holding Corp.)

Landlord Indemnification. A. Except as otherwise provided for hereinLandlord hereby indemnifies, Landlord agrees to indemnify and save harmless Tenant, Tenant's successors and assignsdefends, and Tenant's present holds Tenant and future officersits respective affiliates, owners, partners, directors, employeesofficers, agents and agents employees (collectively TENANT INDEMNITEEScollectively, "Tenant Indemnified Parties") harmless from and against any and all claims, demands, damages, costs, and expenses, Losses to the extent arising from or in connection with any or all of: (a) the operations conduct or management of either or both the Property and the Premises or any business therein, or any work or Alterations done, or any condition created, all by any or all of Landlord and Landlord's agents, contractors, employees and invitees (collectively, "Landlord's Parties") in or about the Premises during the Term or prior to the Commencement Date, including but not limited to Landlord's Work; (b) any act, omission or negligence of any or all of Landlord and Landlord's Parties; (c) any accident, injury or damage whatsoever occurring in, at or upon either or both of the Property and the Premises and caused by any or all of Landlord and Landlord's Parties; (d) any breach by Landlord of any of its warranties and representations under this Lease; (e) any actions necessary to protect Tenant's interest under this Lease in a bankruptcy proceeding involving Landlord or other proceeding involving Landlord under the BuildingBankruptcy Code; (f) any violation or alleged violation by any or all of Landlord and Landlord's Parties of any Law including, or from the construction of improvements to without limitation, any other portion of the Building, or Environmental Law; (g) claims arising from any breach or default on the part of Landlord in the performance of any covenant contained in this Lease; (h) any Hazardous Materials used, exposed, emitted, released, discharged, generated, manufactured, sold, transported, handled, stored, treated, reused, presented, disposed of or agreement recycled in, at, near or under all or any portion of the Premises as a result of the acts or omissions of any or all of Landlord and Landlord's Parties or existing on the part Premises prior to the Commencement Date; and (i) the violation of any Environmental Law or any permit, application or consent required in connection with any Environmental Law by any or all of Landlord to be performed pursuant and Landlord's Parties with respect to the terms of this LeasePremises during the Term (collectively, or from any act of negligence of "Landlord, its agents, contractors, servants, and employees in or about the Leased Premises and the Building's Indemnified Matters"). In case of the event that any action or proceeding is brought against Tenant Indemnities by reason of any Tenant, and the foregoing indemnity is applicable to such claimaction or proceeding, then Landlord, upon Notice notice from Tenant, Landlord covenants to shall resist and defend such action or proceeding by counselcounsel reasonably satisfactory to Tenant. Notwithstanding anything to the contrary set forth in this Lease, competent however, in all events and under all circumstances, the liability of Landlord to Tenant shall be limited to the interest of Landlord in the Tenant's reasonable judgement. To the extent not expressly prohibited by law, Landlord releases Tenant Indemnitees, fromProperty, and waives all claims Tenant agrees to damages look solely to person or property, sustained by the Landlord and/or the Building resulting directly or indirectly from fire or other casualty, because of existing or future conditions, defects, matters or things Landlord's interest in the Leased Premises Property for the recovery of any judgment or award against Landlord, it being intended that Landlord shall not be personally liable for any part thereof; judgment or from any equipment or appurtenances therein or from any accident in or about deficiency. This indemnity is not intended to indemnify Tenant and the Leased Premises or from any act by any Tenant Indemnified Parties against the consequences of Tenant's employees, agents or servants, EXCEPT in the event the damages are caused by the their own negligence or wrongful intentional acts fault. The provisions of this Section 17.2 shall survive the Tenant Indemniteesexpiration or termination of this Lease.

Appears in 2 contracts

Samples: Griffin Capital Essential Asset REIT II, Inc., Griffin Capital Essential Asset REIT II, Inc.

Landlord Indemnification. A. Except as otherwise provided for hereinspecifically set forth in this Lease, Landlord agrees to indemnify shall indemnify, defend and save hold harmless Tenant and any partner in Tenant, Tenant's successors and assigns, and Tenant's present and future officers, directors, employees, their respective employees and agents (collectively TENANT INDEMNITEEScollectively, the “Tenant Indemnified Parties”) at all times from and against any and all claims, demandsactions, losses, injuries, damages, costscosts and expenses incurred by or asserted against any of the Tenant Indemnified Parties to the extent caused in whole or in part by or resulting or arising from (a) the negligence or willful misconduct of Landlord, any partner in Landlord, and expenses, arising from the operations respective employees and agents of any of the foregoing in connection with Landlord’s activities on or about the Property, and (b) any failure by Landlord in the Building, to perform or from the construction of improvements to observe any other portion of the Buildingcovenants, agreements, terms or from any breach or default conditions contained in this Lease on the its part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act of negligence of Landlord, its agents, contractors, servants, and employees in or about the Leased Premises and the Buildingobserved. In case of If any action or proceeding is brought against any of the Tenant Indemnities Indemnified Parties, or if any claim is made against any of the Tenant Indemnified Parties alleging any of the matters referred to in this subsection, Landlord agrees at its sole cost and expense to pay, discharge and defend the Tenant Indemnified Parties against any and all such claims, actions and proceedings by reason counsel of Landlord's choosing, subject to Tenant's consent, not to be unreasonably withheld, and to reimburse the Tenant Indemnified Parties upon a finding by a court of competent jurisdiction for any loss, cost or expense in connection therewith, including reasonable attorneys' fees and costs, costs of court, reasonable expert witness fees and costs, other fees and costs incurred in the defense of any such claim, upon Notice from Tenant, Landlord covenants to defend such action or proceeding claim for which indemnity is given by counsel, competent in the Tenant's reasonable judgement. To the extent not expressly prohibited by law, Landlord releases Tenant Indemnitees, from, and waives all claims to damages to person or property, sustained by the Landlord and/or the Building resulting directly or indirectly from fire or other casualty, because of existing or future conditions, defects, matters or things in the Leased Premises or any part thereof; or from any equipment or appurtenances therein or from any accident in or about the Leased Premises or from any act by any of Tenant's employees, agents or servants, EXCEPT in the event the damages are caused by the negligence or wrongful intentional acts of the Tenant IndemniteesLandlord.

Appears in 1 contract

Samples: Lease Agreement (NeuBase Therapeutics, Inc.)

Landlord Indemnification. A. Except as otherwise provided for hereinLandlord hereby indemnifies, Landlord agrees to indemnify defends and save harmless Tenant, Tenant's successors and assigns, holds Tenant and Tenant's present and future officers’s affiliates, owners, partners, members, directors, employeesofficers, agents and agents employees (collectively TENANT INDEMNITEEScollectively, “Tenant Indemnified Parties”) harmless from and against any and all claimsLosses actually suffered or incurred by Tenant as the sole and direct result of any negligent, demandswillful or intentional acts or omissions of any or all of Landlord, damagesAgent and any parties within the direct and sole control of either or both of Landlord and Agent, costsin connection with (a) any act, omission or negligence of any or all of Landlord and expensesLandlord’s Parties; (b) any accident, arising from injury or damage whatsoever occurring in, at or upon the operations Premises and caused by any or all of Landlord and Landlord’s Parties;. (c) any breach by Landlord of any or all of its warranties, representations and covenants under the Lease; (d) the creation or existence of any Hazardous Materials in, at, on or under the Premises, if and to the extent brought to the Premises or caused by Landlord or any party within Landlord’s control; and (e) any violation or alleged violation by any or all of Landlord and Landlord’s Parties of any Law. In no event shall Landlord be subject to consequential or indirect damages hereunder. Notwithstanding anything to the contrary set forth in this Lease, however, in all events and under all circumstances, the Buildingliability of Landlord to Tenant, whether under this Section 17.3 or from the construction of improvements to any other portion provision of this Lease, shall be limited to the Building, or from any breach or default on the part interest of Landlord in the performance Premises, and Tenant agrees to look solely to Landlord’s interest in the Premises for the recovery of any covenant judgment or agreement on award against Landlord, it being intended that Landlord shall not be personally liable for any judgment or deficiency. The provisions of this Section 17.3 shall survive the part of Landlord to be performed pursuant to the terms expiration or termination of this Lease, or from any act of negligence of Landlord, its agents, contractors, servants, and employees in or about the Leased Premises and the Building. In case of any action or proceeding brought against Tenant Indemnities by reason of any such claim, upon Notice from Tenant, Landlord covenants to defend such action or proceeding by counsel, competent in the Tenant's reasonable judgement. To the extent not expressly prohibited by law, Landlord releases Tenant Indemnitees, from, and waives all claims to damages to person or property, sustained by the Landlord and/or the Building resulting directly or indirectly from fire or other casualty, because of existing or future conditions, defects, matters or things in the Leased Premises or any part thereof; or from any equipment or appurtenances therein or from any accident in or about the Leased Premises or from any act by any of Tenant's employees, agents or servants, EXCEPT in the event the damages are caused by the negligence or wrongful intentional acts of the Tenant Indemnitees.

Appears in 1 contract

Samples: Dendreon Corp

Landlord Indemnification. A. Except as otherwise provided for hereinSubject to the provisions of Section 11.3, Landlord hereby agrees to indemnify and save harmless TenantTenant and its affiliates, Tenant's successors and assignsowners, and Tenant's present and future officersmembers, managers, partners, directors, employeesofficers, agents and agents employees (collectively TENANT INDEMNITEES) collectively, the “Tenant Indemnified Parties”), from and against any and all claims, demands, damages, costs, and expenses, arising Losses to the extent the same arise from the operations or are connected in any way with any or all of the following (collectively, “Landlord’s Indemnified Matters”) during the Term of this Lease: (a) occasioned wholly or in part by any act, omission or negligence of Landlord, its agents, employees, contractors or servants; (b) any breach by Landlord in of any of its representations or warranties under this Lease; (c) any violation by Landlord of any law, code, ordinance or other governmental regulation related to the Building, or from the construction of improvements to any other portion of the Building, or from Premises; (d) any breach or default on the part of Landlord in the performance of any covenant or agreement on obligation contained in this Lease and/or (e) the part violation of Landlord any Environmental Law; excluding, however, any violation of any Environmental Law resulting from the acts or omissions of Tenant or Tenant’s employees, agents, representatives or contractors or which occurred or is alleged to be performed pursuant have occurred prior to the terms execution of this Lease, or from any act of negligence of Landlord, its agents, contractors, servants, and employees in or about the Leased Premises and the Building. In case of any action or proceeding is brought against any or all of Tenant Indemnities and Tenant Indemnified Parties by reason of any such claimof Landlord’s Indemnified Matters, Tenant, upon Notice written notice from TenantLandlord, Landlord covenants to shall defend such action or proceeding by counselcounsel reasonably satisfactory to Landlord. The provisions of this Section shall survive the expiration or earlier termination of this Lease with respect to any damage, competent in the Tenant's reasonable judgement. To the extent not expressly prohibited by law, Landlord releases Tenant Indemnitees, from, and waives all claims to damages to person injury or property, sustained by the Landlord and/or the Building resulting directly death occurring before such expiration or indirectly from fire or other casualty, because of existing or future conditions, defects, matters or things in the Leased Premises or any part thereof; or from any equipment or appurtenances therein or from any accident in or about the Leased Premises or from any act by any of Tenant's employees, agents or servants, EXCEPT in the event the damages are caused by the negligence or wrongful intentional acts of the Tenant Indemniteesearlier termination.

Appears in 1 contract

Samples: Lease Agreement (American Realty Capital Trust IV, Inc.)

Landlord Indemnification. A. Except as otherwise provided for hereinLandlord shall indemnify, Landlord agrees to indemnify defend and save hold harmless Tenant and any officer, director or shareholder of Tenant, Tenant's successors and assignstheir respective affiliates, and Tenant's present and future officers, directors, employees, employees and agents (collectively TENANT INDEMNITEEScollectively, the “Tenant Indemnified Parties”) at all times from and against any and all claims, demandsactions, losses, injuries, damages, costs, costs and expenses, expenses incurred by or asserted against any of the Tenant Indemnified Parties now or hereafter caused in whole or in part by or resulting or arising from (a) the operations of the Landlord in the Buildinggrossly negligent act, omission or from the construction of improvements to any other portion of the Building, or from any breach or default on the part willful misconduct of Landlord in connection with Landlord’s activities on or about the performance Property, or (b) any failure by Landlord to perform or observe any of any covenant the covenants, agreements, terms or agreement conditions contained in this Lease on the its part of Landlord to be performed pursuant to the terms of this Lease, or from any act of negligence of Landlord, its agents, contractors, servants, and employees in or about the Leased Premises and the Buildingobserved. In case of If any action or proceeding is brought against any of the Tenant Indemnities Indemnified Parties, or if any claim is made against any of the Tenant Indemnified Parties alleging any of the matters referred to in this subsection, Landlord agrees at its sole cost and expense to pay, discharge and defend the Tenant Indemnified Parties against any and all such claims, actions and proceedings, and to reimburse the Tenant Indemnified Parties for any loss, cost or expense in connection therewith, including reasonable attorneys’ fees and costs, costs of court, reasonable expert witness fees and costs, other fees and costs incurred in the defense of any such claim for which indemnity is given by reason Landlord, and any sums which any of the Tenant Indemnified Parties may pay in compromise or settlement of all or any part of such claims, actions or proceedings. In the event of any such claim, upon Notice from Tenant, Landlord covenants to defend such action or proceeding by counselproceeding, competent in the Tenant's reasonable judgement. To the extent not expressly prohibited by law, Landlord releases Tenant Indemnitees, from, and waives all claims to damages to person or property, sustained by the Landlord and/or the Building resulting directly or indirectly from fire or other casualty, because of existing or future conditions, defects, matters or things in the Leased Premises or any part thereof; or from any equipment or appurtenances therein or from any accident in or about the Leased Premises or from any act by any of Tenant's employees, agents or servants, EXCEPT in the event the damages are caused by the negligence or wrongful intentional acts of the Tenant IndemniteesIndemnified Parties shall have the right to select the attorneys to represent them in such matter and the cost thereof shall be borne by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Ansys Inc)

Landlord Indemnification. A. Except as otherwise provided for herein, Landlord agrees to that it will indemnify and hold and save Tenant and its agents and employees whole and harmless Tenantof, Tenant's successors and assignsfrom, and Tenant's present and future officersagainst (a) all fines, directorssuits, employeeslosses, costs, liabilities, claims, demands, actions, and agents judgments of every kind and character by reason of any breach, violation, or nonperformance of any term, provision, covenant, agreement, or condition on the part of Landlord under this Lease and (collectively TENANT INDEMNITEESb) against any and all claims, demands, actions, damages, losses, costs, liabilities, expenses and expensesjudgments suffered by, arising from the operations of the Landlord in the Buildingrecovered from, or from asserted against Tenant or any of such indemnitees on account of injury to person or damage to the construction property of improvements parties other than Landlord or Tenant occurring anywhere in or about the Building other than the Premises, to the extent that any other portion of the Buildingsuch damage or injury may be incident to, arise out of, or from any breach be caused, either proximately or default on remotely, by the part of Landlord in the performance of any covenant negligence or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act of negligence willful misconduct of Landlord, its agentsbeneficiary, contractorsthe partners of such beneficiary or any of their respective duly authorized agents or employees, servantsor when any such injury or damage is the result, and proximate or remote, of the violation by Landlord, its beneficiary, the partners of such beneficiary or any of their respective duly authorized agents or employees in or about the Leased Premises and the Building. In case of any action law, ordinance, or proceeding brought against governmental order of any kind. Such indemnification of Tenant Indemnities by reason Landlord shall be effective only to the extent that Tenant's indemnification of Landlord pursuant to Paragraph 11.3 is not effective. Landlord covenants and agrees that in case Tenant or any of such indemnitees shall be made a party to any litigation with respect to which Landlord has agreed to indemnify Tenant and such other indemnitees hereunder, then Landlord shall and will pay all reasonable costs and expenses, including reasonable attorneys' fees and court costs, incurred by Tenant or such indemnitees by virtue of any such claimlitigation, upon Notice from Tenant, Landlord covenants to defend such action or proceeding by counsel, competent in the Tenant's reasonable judgement. To the extent not expressly prohibited contemplated by law, Landlord releases Tenant Indemnitees, fromsuch indemnification, and waives the amount of all claims such costs and expenses, including reasonable attorneys' fees and court costs, shall be a demand obligation owing by Landlord to damages to person or property, sustained by the Landlord and/or the Building resulting directly or indirectly from fire or other casualty, because of existing or future conditions, defects, matters or things in the Leased Premises or any part thereof; or from any equipment or appurtenances therein or from any accident in or about the Leased Premises or from any act by any of Tenant's employees, agents or servants, EXCEPT in the event the damages are caused by the negligence or wrongful intentional acts of the Tenant Indemnitees.

Appears in 1 contract

Samples: Sublease Agreement (Preferred Payment Systems Inc)

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Landlord Indemnification. A. Except as otherwise provided for hereinand to the extent of Tenant’s indemnification obligations under Section 17.2, Landlord agrees to indemnify and save harmless Tenanthereby indemnifies, Tenant's successors and assignsdefends, and Tenant's present holds Tenant and future its directors, officers, directorsagents, employeesrepresentatives and employees (collectively, “Tenant Indemnified Parties”) harmless from and agents (collectively TENANT INDEMNITEES) against any and all claims, demands, damages, costs, Losses actually suffered or incurred by Tenant and expenses, arising from or in connection with any or all of, but only to the operations proportionate extent of: (a) any negligent, willful and/or intentional acts and/or omissions of any or all of Landlord Indemnified Parties; (b) any accident, injury or damage whatsoever occurring in, at or upon either or both of the Landlord in Property and the Building, Premises and caused by any or from the construction of improvements to any other portion of the Building, or from any breach or default on the part all of Landlord in the performance Indemnified Parties; (c) any negligent or intentional breach by Landlord of any covenant or agreement all of its warranties, representations and covenants under this Lease; (d) the creation or existence of any Hazardous Materials first occurring (or first released) in, at, on or under the part of Landlord to be performed pursuant to Property from and after the terms date of this Lease, if and to the extent brought to the Property or from caused by Landlord or any act party within Landlord’s control; and (e) any negligent or intentional violation by any or all of negligence Landlord Indemnified Parties of any Law (collectively, “Landlord, its agents, contractors, servants, and employees in or about the Leased Premises and the Building’s Indemnified Matters”). In case of any action or proceeding is brought against any or all of Tenant Indemnities and/or the Tenant Indemnified Parties by reason of any such claimof Landlord’s Indemnified Matters, Landlord, upon Notice notice from any or all of Tenant and/or a representative or agent of Tenant, Landlord covenants to shall resist and defend such action or proceeding by counsel, competent in counsel reasonably satisfactory to Tenant. The provisions of this Section 17.3 shall survive the Tenant's reasonable judgement. To the extent not expressly prohibited by law, Landlord releases Tenant Indemnitees, from, and waives all claims to damages to person expiration or property, sustained by the Landlord and/or the Building resulting directly or indirectly from fire or other casualty, because termination of existing or future conditions, defects, matters or things in the Leased Premises or any part thereof; or from any equipment or appurtenances therein or from any accident in or about the Leased Premises or from any act by any of Tenant's employees, agents or servants, EXCEPT in the event the damages are caused by the negligence or wrongful intentional acts of the Tenant Indemniteesthis Lease.

Appears in 1 contract

Samples: Industrial Building Lease (Cyberoptics Corp)

Landlord Indemnification. A. Except as otherwise provided for hereinLandlord hereby indemnifies, Landlord agrees to indemnify defends and save harmless Tenant, Tenant's successors and assigns, holds Tenant and Tenant's present and future officers’s affiliates, owners, partners, members, directors, employeesofficers, agents and agents employees (collectively TENANT INDEMNITEEScollectively, “Tenant Indemnified Parties”) harmless from and against any and all claimsLosses actually suffered or incurred by Tenant as the sole and direct result of any negligent, demandswillful or intentional acts or omissions of any or all of Landlord, damagesAgent and any parties within the direct and sole control of either or both of Landlord and Agent, costsin connection with (a) any act, omission or negligence of any or all of Landlord and expensesLandlord’s Parties; (b) any accident, arising from injury or damage whatsoever occurring in, at or upon the operations Premises and caused by any or all of Landlord and Landlord’s Parties;. (c) any breach by Landlord of any or all of its warranties, representations and covenants under the Lease; (d) the creation or existence of any Hazardous Materials in, at, on or under the Premises, if and to the extent brought to the Premises or caused by Landlord or any party within Landlord’s control; and (e) any violation or alleged violation by any or all of Landlord and Landlord’s Parties of any Law. In no event shall Landlord be subject to consequential or indirect damages hereunder. Notwithstanding anything to the contrary set forth in this Lease, however, in all events and under all circumstances, the Buildingliability of Landlord to Tenant, whether under this Section 17.3 or from the construction of improvements to any other portion provision of this Lease, shall be limited to the Building, or from any breach or default on the part interest of Landlord in the performance Premises, and Tenant agrees to look solely to Landlord’s interest in the Premises for the recovery of any covenant A-41 judgment or agreement on award against Landlord, it being intended that Landlord shall not be personally liable for any judgment or deficiency. The provisions of this Section 17.3 shall survive the part of Landlord to be performed pursuant to the terms expiration or termination of this Lease, or from any act of negligence of Landlord, its agents, contractors, servants, and employees in or about the Leased Premises and the Building. In case of any action or proceeding brought against Tenant Indemnities by reason of any such claim, upon Notice from Tenant, Landlord covenants to defend such action or proceeding by counsel, competent in the Tenant's reasonable judgement. To the extent not expressly prohibited by law, Landlord releases Tenant Indemnitees, from, and waives all claims to damages to person or property, sustained by the Landlord and/or the Building resulting directly or indirectly from fire or other casualty, because of existing or future conditions, defects, matters or things in the Leased Premises or any part thereof; or from any equipment or appurtenances therein or from any accident in or about the Leased Premises or from any act by any of Tenant's employees, agents or servants, EXCEPT in the event the damages are caused by the negligence or wrongful intentional acts of the Tenant Indemnitees.

Appears in 1 contract

Samples: Lease Agreement

Landlord Indemnification. A. Except as otherwise provided for hereinLandlord hereby indemnifies, Landlord agrees to indemnify defends and save holds Tenant harmless Tenant, Tenant's successors from and assigns, and Tenant's present and future officers, directors, employees, and agents (collectively TENANT INDEMNITEES) against any and all claims, demands, damages, costs, Tenant's Losses (defined below) actually incurred by Tenant and expenses, arising resulting from the operations of the Landlord in the Building, negligence or from the construction of improvements to any other portion of the Building, or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act of negligence willful misconduct of Landlord, its agents, contractors, servantsAgent, and employees in or about the Leased Premises its and the Buildingtheir contractors and employees. In case of the event that any action or proceeding is brought against Tenant Indemnities by reason of any Tenant, and the foregoing indemnity is applicable to such claimaction or proceeding, then Landlord, upon Notice notice from Tenant, Landlord covenants to shall resist and defend such action or proceeding by counselcounsel reasonably satisfactory to Tenant. Notwithstanding anything to the contrary set forth in this Lease, competent however, in all events and under all circumstances, the liability of Landlord to Tenant shall be limited to the interest of Landlord in the Tenant's reasonable judgement. To the extent not expressly prohibited by law, Landlord releases Tenant Indemnitees, fromProperty, and waives Tenant agrees to look solely to Landlord's interest in the Property for the recovery of any judgment or award against Landlord, it being intended that Landlord shall not be personally liable for any judgment or deficiency. The term "Tenant Losses" shall mean all claims, demands, expenses, actions, judgments, damages, penalties, fines, liabilities, losses of every kind and nature (including, without limitation, sums paid in settlement of claims and any costs and expenses associated with injury, illness or death to damages or of any person), suits, administrative proceedings, costs and fees, including, without limitation, reasonable attorneys' fees and expenses actually incurred without regard to person or propertystatutory interpretation and consultants' fees and expenses, sustained and the costs that are in any way related to any matter covered by the Landlord and/or foregoing indemnity. Notwithstanding the Building resulting directly foregoing, nothing contained in this SECTION 16.2(B) shall override (or indirectly from fire be deemed to override) the waivers contained in SECTION 9.2 above. The provisions of this SECTION 16.2(B) shall survive the expiration or other casualty, because termination of existing or future conditions, defects, matters or things in the Leased Premises or any part thereof; or from any equipment or appurtenances therein or from any accident in or about the Leased Premises or from any act by any of Tenant's employees, agents or servants, EXCEPT in the event the damages are caused by the negligence or wrongful intentional acts of the Tenant Indemniteesthis Lease.

Appears in 1 contract

Samples: Atlanta Space Lease (Tractor Supply Co /De/)

Landlord Indemnification. A. Except as otherwise provided for hereinLandlord hereby indemnifies, Landlord agrees to indemnify and save harmless Tenant, Tenant's successors and assignsdefends, and Tenant's present holds Tenant and future officersits affiliates, members, owners, partners, directors, employeesofficers, agents and agents employees (collectively TENANT INDEMNITEEScollectively, “Tenant Indemnified Parties”) harmless from and against any and all claims, demands, damages, costs, and expenses, Losses arising from or in connection with (a) the operations conduct or management of either or both the Building and the Premises or any work done or any condition created by Landlord in or about the Premises or Building during the Term; (b) any act, omission or negligence of Landlord or persons acting by or through Landlord (“Landlord Parties”); (c) any accident, injury or damage whatsoever (unless caused by Tenant’s negligence or willful misconduct) occurring in, at or upon either or both the Property and the Premises caused by Landlord or Landlord Parties; (d) any breach by Landlord of any of its warranties, representations or covenants under this Lease; (e) any actions necessary to protect Tenant’s interest under this Lease in a bankruptcy proceeding or other proceeding under the Bankruptcy Code caused by the actions of the Landlord in contrary to the Buildingterms herein; (f) any violation by Landlord of any Laws, including, without limitation, any Environmental Law; (g) any breach of the provisions of Article 9 of this Lease by Landlord or Landlord Parties; (h) any generation, transport, storage, use, treatment, disposal or presence on, about or from the construction Premises or the Property of improvements any Hazardous Materials; (i) claims for work or labor performed or materials supplies furnished to any other portion or at the request of the Building, or Landlord; and (j) claims arising from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of contained in this LeaseLease (collectively, or from any act of negligence of Landlord, its agents, contractors, servants, and employees in or about the Leased Premises and the Building’s Indemnified Matters”). In case of any action or proceeding is brought against any or all of Tenant Indemnities and Tenant Indemnified Parties by reason of any such claimof Landlord’s Indemnified Matters, Landlord, upon Notice notice from Tenant, Landlord covenants to Tenant shall resist and defend such action or proceeding by counsel, competent in counsel reasonably satisfactory to Tenant. The provisions of this Section 17.2.2 shall survive the Tenant's reasonable judgement. To the extent not expressly prohibited by law, Landlord releases Tenant Indemnitees, from, and waives all claims to damages to person expiration or property, sustained by the Landlord and/or the Building resulting directly or indirectly from fire or other casualty, because termination of existing or future conditions, defects, matters or things in the Leased Premises or any part thereof; or from any equipment or appurtenances therein or from any accident in or about the Leased Premises or from any act by any of Tenant's employees, agents or servants, EXCEPT in the event the damages are caused by the negligence or wrongful intentional acts of the Tenant Indemniteesthis Lease.

Appears in 1 contract

Samples: Acceptance Agreement (Qumu Corp)

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