Common use of Landlord’s Indemnification of the Tenant Indemnitees Clause in Contracts

Landlord’s Indemnification of the Tenant Indemnitees. (a) Subject to the terms of this Section 55.02, and in addition to any obligation of Landlord under Paragraph 12 of the Seventh Amendment, Landlord shall indemnify the Tenant Indemnitees, and hold the Tenant Indemnitees harmless, from and against, all losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) that are incurred by a Tenant Indemnitee and that derive from a claim (a "Claim Against Tenant") made by a third party against such Tenant Indemnitee arising from or alleged to arise from: 1. the breach of any covenant to be performed by Landlord hereunder; 2. a material misrepresentation made by Landlord hereunder; or 3. a wrongful act or wrongful omission of any Landlord Indemnitee at the Building (including, without limitation, a wrongful act or wrongful omission of any person or entity that leases or occupies any Leaseback Space by virtue of Landlord's exercising Landlord's rights under Section 10.02 hereof). Notwithstanding anything to the contrary herein, Landlord shall not be required to indemnify the Tenant Indemnitees, or to hold the Tenant Indemnitees harmless, in either case as aforesaid, to the extent that the negligence or willful misconduct of a Tenant Indemnitee contributed to the loss or damage sustained by the Person making the Claim Against Tenant. (b) The parties intend that the Tenant Indemnitees (other than Tenant) shall constitute third-party beneficiaries of this Section 55.02.

Landlord’s Indemnification of the Tenant Indemnitees. (aA) Subject to the terms of this Section 55.0232.2, and in addition to any obligation of Landlord under Paragraph 12 of the Seventh Amendmentfullest extent permitted by law, Landlord shall indemnify the Tenant Indemnitees, and hold the Tenant Indemnitees harmless, from and against, all losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' ’ fees and expenses) that are incurred by a Tenant Indemnitee and that derive from a claim (a "“Claim Against Tenant"”) made by a third party against such Tenant Indemnitee arising from or alleged to arise from: (1. ) the breach of any covenant to be performed by Landlord hereunder; (2. ) a material misrepresentation made by Landlord hereunderhereunder (including, without limitation, a misrepresentation of Landlord under Section 31.1 hereof); (3) Landlord’s failure to pay the Broker a commission or other compensation in connection herewith; or 3. (4) a wrongful act or wrongful omission of any Landlord Indemnitee at the Building (including, without limitation, a wrongful act or wrongful omission of any person or entity the Person that leases or occupies any Leaseback has the right to occupy the Recapture Space by virtue of Landlord's ’s exercising Landlord's ’s rights under Section 10.02 17.3 hereof). Notwithstanding anything to the contrary herein, Landlord shall not be required to indemnify the Tenant Indemnitees, or to and hold the Tenant Indemnitees harmless, in either case as aforesaid, to the extent that it is finally determined that the negligence or willful wilful misconduct of a Tenant Indemnitee contributed to the loss or damage sustained by the Person making the Claim Against Tenant. (bB) The parties intend that the Tenant Indemnitees (other than Tenant) shall constitute third-party beneficiaries of this Section 55.0232.2.

Landlord’s Indemnification of the Tenant Indemnitees. (aA) Subject to the terms of this Section 55.02, and in addition to any obligation of Landlord under Paragraph 12 of the Seventh Amendment30.2, Landlord shall indemnify the Tenant Indemnitees, and hold the Tenant Indemnitees harmless, from and against, all losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' ’ fees and expenses) that are incurred by a Tenant Indemnitee and that derive from a claim (a "Claim Against Tenant"“Landlord Liability Claim”) made by a third party against such Tenant Indemnitee arising from or alleged to arise from: (1. ) the breach of any covenant to be performed by Landlord hereunder; (2. ) a material misrepresentation made by Landlord hereunderhereunder (including, without limitation, a misrepresentation of Landlord under Section 29.1 hereof); (3) Landlord’s failure to pay the Broker a commission or other compensation in connection herewith; or 3. (4) a wrongful act or wrongful omission of any Landlord Indemnitee at incurred or arising from or causing or permitting any Hazardous Substance to be brought upon, kept or used in or about the Building (including, without limitation, a wrongful act or wrongful omission of any person or entity that leases or occupies any Leaseback Space Premises by virtue of Landlord's exercising Landlord's rights under Section 10.02 hereof). Notwithstanding anything to the contrary herein, Landlord shall not be required to indemnify the Tenant Indemnitees, or to and hold the Tenant Indemnitees harmless, in either case as aforesaid, to the extent that it is finally determined that the negligence or willful misconduct of a Tenant Indemnitee contributed to the loss or damage sustained by the Person making the Claim Against TenantLandlord Liability Claim. (bB) The parties intend that the Tenant Indemnitees (other than Tenant) shall constitute third-party beneficiaries of this Section 55.0230.2.

Landlord’s Indemnification of the Tenant Indemnitees. (aA) Subject to the terms of this Section 55.02, and in addition to any obligation of Landlord under Paragraph 12 of the Seventh Amendment29.2, Landlord shall indemnify the Tenant Indemnitees, and hold the Tenant Indemnitees harmless, from and against, all losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' ’ fees and expenses) that are incurred by a Tenant Indemnitee and that derive from a claim (a "“Claim Against Tenant"”) made by a third party against such Tenant Indemnitee arising from or alleged to arise from: (1. ) the breach of any covenant to be performed by Landlord hereunder; (2. ) a material misrepresentation made by Landlord hereunderhereunder (including, without limitation, a misrepresentation of Landlord under Section 28.1 hereof); (3) Landlord’s failure to pay the Broker a commission or other compensation in connection herewith; or 3. (4) a wrongful act or wrongful omission of any Landlord Indemnitee at the Building (including, without limitation, a wrongful act or wrongful omission of any person or entity the Person that leases or occupies any Leaseback Space has the right to occupy the Premises by virtue of Landlord's ’s exercising Landlord's ’s rights under Section 10.02 17.3 hereof). Notwithstanding anything to the contrary herein, Landlord shall not be required to indemnify the Tenant Indemnitees, or to and hold the Tenant Indemnitees harmless, in either case as aforesaid, to the extent that it is finally determined that the negligence or willful wilful misconduct of a Tenant Indemnitee contributed to the loss or damage sustained by the Person making the Claim Against Tenant. (bB) The parties intend that the Tenant Indemnitees (other than Tenant) shall constitute third-party beneficiaries of this Section 55.0229.2.

Landlord’s Indemnification of the Tenant Indemnitees. (aA) Subject to the terms of this Section 55.02, and in addition to any obligation of Landlord under Paragraph 12 of the Seventh Amendment29.2, Landlord shall indemnify the Tenant Indemnitees, and hold the Tenant Indemnitees harmless, from and against, all losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' ’ fees and expenses) that are incurred by a Tenant Indemnitee and that derive from a claim (a "“Claim Against Tenant"”) made by a third party against such Tenant Indemnitee arising from or alleged to arise from: (1. ) the breach of any covenant to be performed by Landlord hereunder; (2. ) a material misrepresentation made by Landlord hereunderhereunder (including, without limitation, a misrepresentation of Landlord under Section 28.1 hereof); (3) Landlord’s failure to pay the Broker a commission or other compensation in connection herewith; or 3. (4) a wrongful act or wrongful omission of any Landlord Indemnitee at the Building (including, without limitation, a wrongful act or wrongful omission of any person or entity the Person that leases or occupies any Leaseback has the right to occupy the Recapture Space by virtue of Landlord's ’s exercising Landlord's ’s rights under Section 10.02 17.3 hereof). Notwithstanding anything to the contrary herein, Landlord shall not be required to indemnify the Tenant Indemnitees, or to and hold the Tenant Indemnitees harmless, in either case as aforesaid, to the extent that it is finally determined that the negligence or willful wilful misconduct of a Tenant Indemnitee contributed to the loss or damage sustained by the Person making the Claim Against Tenant. (bB) The parties intend that the Tenant Indemnitees (other than Tenant) shall constitute third-party beneficiaries of this Section 55.0229.2.