Common use of Landlord Indemnity Clause in Contracts

Landlord Indemnity. To the fullest extent permitted by Law, and except to the extent caused by the negligence or willful misconduct of Tenant Parties or Tenant’s breach of this Lease, Landlord shall indemnify and hold Tenant harmless from and defend Tenant against any and all claims or liability for any loss, injury or damage to any person or property, including any reasonable attorney’s fees (but excluding any loss of business or profits or other consequential damages), occurring in, on, or about the Project to the extent such loss, injury or damage CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. is caused by the gross negligence or willful misconduct of Landlord; provided, however, that (i) the foregoing indemnity shall not include claims to the extent insured or required to be insured by Tenant under this Lease or claims waived by Tenant pursuant to Paragraph 12, and (ii) the foregoing shall not negate, limit or affect any express and/or specific limitation on Landlord’s liability set forth in this Lease including, without limitation, in Paragraph 11(b) and in Paragraph 20(d).

Landlord Indemnity. To the fullest extent permitted by Law, and except to the extent caused by the negligence or willful misconduct of Tenant Parties or Tenant’s breach of this Lease, Landlord shall indemnify and hold Tenant harmless from and defend Tenant against any and all claims or liability for any loss, injury or damage to any person or property, property including any reasonable attorney’s 's fees (but excluding any consequential damages or loss of business or profits or other consequential damages), business) occurring in, on, or about the Project (i) prior to any Reinstatement or Occupancy of any portion of the Premises by Tenant or any parties claiming through Tenant (including, without limitation, any assignee, subtenant, or Tenant Party), to the extent not covered by Tenant's applicable indemnification obligations in Paragraph 10(c), except to the extent caused by the active negligence or willful misconduct of Tenant Parties or Tenant's breach of this Lease; and (ii) from and after any Reinstatement or Occupancy of any portion of the Premises by Tenant or any parties claiming through Tenant (including, without limitation, any assignee, subtenant, or Tenant Party), only to the extent such loss, injury or damage CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. is caused by the gross active negligence or willful misconduct of Landlord; provided, howeverits agents, that servants, contractors or employees (i) the foregoing indemnity shall not include claims collectively, including Landlord, "Landlord Parties"), except to the extent insured caused by the negligence or required to be insured by willful misconduct of Tenant under Parties or Tenant's breach of this Lease or claims waived by Tenant pursuant to Paragraph 12, and (ii) the foregoing shall not negate, limit or affect any express and/or specific limitation on Landlord’s liability set forth in this Lease including, without limitation, in Paragraph 11(b) and in Paragraph 20(d)Lease.

Landlord Indemnity. To the fullest extent permitted by Lawlaw, and except but excluding to the extent caused by the intentional misconduct or negligence of Tenant, Landlord agrees to indemnify and save harmless Tenant Parties from and against all claims of whatever nature arising from or claimed to have arisen from (i) any willful misconduct or negligence of Landlord Parties (as hereinafter defined) or (ii) any breach of this Lease by Landlord. Landlord shall pay such indemnified amounts as they are incurred by Tenant Parties. This indemnification shall not be construed to deny or reduce any other rights or obligations of indemnity that any of Tenant Parties or Tenant’s breach of this Lease, Landlord shall indemnify and hold Tenant harmless from and defend Tenant against any and all claims or liability for any loss, injury or damage to any person or property, including any reasonable attorney’s fees (but excluding any loss of business or profits or other consequential damages), occurring in, on, or about the Project to the extent such loss, injury or damage CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. is caused by the gross negligence or willful misconduct of Landlord; provided, however, that (i) the foregoing indemnity shall not include claims to the extent insured or required to be insured by Tenant may have under this Lease or claims waived by Tenant pursuant to Paragraph 12the common law. The foregoing indemnity and hold harmless agreement shall include indemnity for all costs, expenses and liabilities (ii) the foregoing shall not negate, limit or affect any express and/or specific limitation on Landlord’s liability set forth in this Lease including, without limitation, reasonable attorneys’ fees and disbursements) incurred by Tenant Parties in Paragraph 11(bconnection with any such claim or any action or proceeding brought thereon, and the defense thereof. In addition, in the event that any action or proceeding shall be brought against one or more Tenant Parties by reason of any such claim, Landlord, upon request from Tenant Party, shall resist and defend such action or proceeding on behalf of Tenant Party by counsel appointed by Landlord’s insurer (if such claim is covered by insurance without reservation) and in Paragraph 20(d)or otherwise by counsel reasonably satisfactory to Tenant Party. Tenant Parties shall not be bound by any compromise or settlement of any such claim, action or proceeding without the prior written consent of such Tenant Parties.

Landlord Indemnity. To the fullest extent permitted by Lawlaw, and but subject to Section 6.4, except to the extent caused by the negligence or willful misconduct of Tenant Parties or Tenant’s breach of this Leaseany Tenant Parties, Landlord shall indemnify agrees to indemnify, defend and hold harmless Tenant harmless and its affiliates and their agents, directors, officers and employees (collectively, “Tenant Indemnitees”), from and defend Tenant against any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) resulting from actual or threatened claims or liability for any loss, injury or damage by third parties occasioned by (a) injuries to any person and damage to, or propertytheft or loss of, including any reasonable attorney’s fees (but excluding any loss of business or profits or other consequential damages), property occurring in, on, in or about the Project Premises to the extent such loss, injury caused or damage CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. is alleged to be caused by the gross negligence or willful misconduct of Landlord or any invitee, licensee, employee, director, officer, agent, contractor or subcontractor of Landlord (collectively “Landlord Parties”), or (b) any actual or alleged breach of this Lease by Landlord; provided. In case any action or proceeding is brought against any Tenant Indemnitee and such claim is a claim from which Landlord is obligated to indemnify Tenant Indemnitees pursuant to this Section, howeverLandlord, that upon notice from Tenant, shall resist and defend such action or proceeding (iby counsel reasonably satisfactory to Tenant unless Landlord’s insurance company designates counsel) the foregoing indemnity at Landlord’s expense. The furnishing of insurance required hereunder shall not include claims be deemed to the extent insured or required to be insured by Tenant limit Landlord’s obligations under this Lease or claims waived by Tenant pursuant to Paragraph 12, and (ii) the foregoing shall not negate, limit or affect any express and/or specific limitation on Landlord’s liability set forth in this Lease including, without limitation, in Paragraph 11(b) and in Paragraph 20(d)Section 14.2.