Common use of Landlord’s Indemnification Clause in Contracts

Landlord’s Indemnification. Subject to Sections 14.2.1 and 9.2, and except to the extent caused by the negligence or willful misconduct of Tenant as determined by a court of competent jurisdiction, Landlord shall defend, indemnify, and hold harmless (and to reimburse Tenant and the Tenant Parties) Tenant and the Tenant Parties from and against all Claims arising from, in connection with, or in any manner relating to (or alleged to arise from, to be in connection with, or to be in any manner related to): (i) the negligence or willful misconduct of Landlord, its agents, servants, employees or contractors, or any member of the Landlord Group or (ii) any default of this Lease by Landlord. The foregoing notwithstanding, Landlord and Tenant acknowledge and agree that in no event shall Landlord’s indemnification obligations arise merely because Landlord failed to enforce the terms of any other agreement with any other party or tenant in the Building, or failed to cause any such party or tenant to maintain its premises or cure any damages caused by such party or tenant or meet any obligations that such party or tenant had failed to satisfy. In the event that any action or proceeding is brought against Tenant or any member of the Tenant Parties by reason of any such Claim, Landlord upon notice from Tenant shall defend such action or proceeding at Landlord’s cost and expense by counsel reasonably approved by Tenant. Landlord’s obligations under this Section 14.2.2 shall survive the expiration or termination of this Lease as to any matters arising prior to such expiration or termination or prior to Tenant’s vacation of the Tenant Space and the Building. Notwithstanding any provision to the contrary contained in this Section 14.2.2, (aa) nothing contained in this Section 14.2.2 shall be interpreted or used to in any way affect, limit, reduce or abrogate any insurance coverage provided by any insurer to either Tenant or Landlord; and (bb) insurable risks and events that are otherwise covered by Section 9.2 or 9.3 of this Lease shall be governed by said Section 9.2 and 9.3, respectively, and are, collectively, excluded from the terms of this Section 14.2.2. This indemnity provision shall survive the termination or expiration of this Lease. Page

Appears in 1 contract

Samples: Datacenter Lease (SAVVIS, Inc.)

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Landlord’s Indemnification. Subject to Sections 14.2.1 Landlord shall indemnify and 9.2hold harmless Tenant and any other Tenant Indemnitee for and from any and all claims, demands, losses, damages, costs and except to liabilities, including, without limitation, reasonable attorneys fees and costs, resulting from the extent caused by the negligence negligent act or willful misconduct of Tenant as determined Landlord or Landlord's agents or employees with respect to the Complex or the Premises or any default by a court Landlord in the observance or performance of competent jurisdiction, any of Landlord's obligations hereunder. Landlord shall defendhave no obligation under this Section 4.7 or under Section 4.3 above, indemnifyfor any claim, and hold harmless (and to reimburse Tenant and the Tenant Parties) Tenant and the Tenant Parties from and against all Claims arising from, in connection with, or in any manner relating to (or alleged to arise from, to be in connection with, or to be in any manner related to): (i) the negligence or willful misconduct of Landlord, its agents, servants, employees or contractors, or any member of the Landlord Group or (ii) any default of this Lease by Landlord. The foregoing notwithstanding, Landlord and Tenant acknowledge and agree that in no event shall Landlord’s indemnification obligations arise merely because Landlord failed to enforce the terms of any other agreement with any other party or tenant in the Building, or failed to cause any such party or tenant to maintain its premises or cure any damages caused by such party or tenant or meet any obligations that such party or tenant had failed to satisfy. In the event that any action or proceeding to the extent covered by Tenant's indemnification obligations under this Lease. Landlord's indemnification obligations under Section 4.3 and this Section 4.7 shall survive any termination of this Lease. In case any claim, action or proceeding be brought, made or initiated against any Tenant Indemnitee that is brought against Tenant or any member of the Tenant Parties covered by reason of any such ClaimLandlord's indemnification under this Section 4.7, Landlord Landlord, upon notice from Tenant Tenant, shall at its sole cost and expense, resist, or defend such claim, action or proceeding at Landlord’s cost and expense by counsel attorneys reasonably approved by Tenant. Notwithstanding the foregoing, the Tenant Indemnitee may retain its own attorneys, and Landlord shall pay the reasonable fees and disbursements of such attorneys (except for fees and expenses for defense of any such claim, action or proceeding brought by a Tenant Indemnitee against another Tenant Indemnitee, which shall not be paid by Landlord’s obligations under this Section 14.2.2 ), to defend or assist in defending any claim, action or proceeding (i) involving potential liability of Five Million Dollars ($5,000,000) or more, (ii) if the Tenant Indemnitee shall survive have reasonably concluded that there may be a conflict of interest between Landlord and such Tenant Indemnitee in the expiration or termination of this Lease as to any matters arising prior to such expiration or termination or prior to Tenant’s vacation conduct of the defense of such action (in which case Landlord shall not have the right to direct the defense of such claim, on behalf of such Tenant Space Indemnitee), or (iii) the claim is for equitable relief against the Tenant Indemnitee and no monetary damages are being sought against the BuildingTenant Indemnitee. Notwithstanding Landlord shall not settle any provision claims, actions or proceedings against a Tenant Indemnitee without such Tenant Indemnitee's consent if such settlement involves relief other than the payment of money. No Tenant Indemnitee shall settle any such claims, actions or proceedings without Landlord's written consent. Any settlement not consented to the contrary contained in this Section 14.2.2, (aa) nothing contained in this Section 14.2.2 by Landlord shall not be interpreted or used to in any way affect, limit, reduce or abrogate any insurance coverage provided by any insurer to either Tenant or Landlord; and (bb) insurable risks and events that are otherwise covered by Section 9.2 or 9.3 of this Lease shall be governed by said Section 9.2 and 9.3, respectively, and are, collectively, excluded from the terms of this Section 14.2.2. This indemnity provision shall survive the termination or expiration of this Lease. PageLandlord's indemnification.

Appears in 1 contract

Samples: Lease (Genencor International Inc)

Landlord’s Indemnification. Subject to Sections 14.2.1 and 9.2, and except Except to the extent caused by the claim arises out of any negligence or willful misconduct of Tenant as determined by a court of competent jurisdictionor Tenant’s Parties, Landlord shall be liable for, and shall indemnify, defend, indemnify, protect and hold harmless (and to reimburse Tenant and the Tenant’s Parties harmless from and against, any and all Indemnified Claims arising out of or resulting from third party claims against Tenant arising or resulting from (a) any occurrence in the Premises prior to the date Landlord delivers possession of all or any portion of the Premises to Tenant, (b) any act or omission of Landlord or any Landlord’s Parties; (c) Tenant the use of the Premises, the Building and the Tenant Parties from and against all Claims arising from, in connection with, Property by Landlord or in any manner relating to (or alleged to arise from, to be in connection with, or to be in any manner related to): (i) the negligence or willful misconduct of Landlord, its agents, servants, employees or contractors’s Parties, or any member of other activity, work or thing done, permitted or suffered by Landlord or any Landlord’s Parties, in or about the Landlord Group Premises, the Building or elsewhere on the Property; and/or (iid) any default by Landlord as to any obligations on Landlord’s part to be performed under the terms of this Lease by Landlord. The foregoing notwithstanding, Landlord and Tenant acknowledge and agree that in no event shall Landlord’s indemnification obligations arise merely because Landlord failed to enforce or the terms of any other contract or agreement with any other to which Landlord is a party or tenant in by which it is bound, affecting this Lease or the Building, or failed to cause any such party or tenant to maintain its premises or cure any damages caused by such party or tenant or meet any obligations that such party or tenant had failed to satisfyPremises. In the event that case any action or proceeding is brought against Tenant or any member of the Tenant Tenant’s Parties by reason of any such ClaimIndemnified Claims, Landlord Landlord, upon notice from Tenant Tenant, shall defend such action or proceeding the same at Landlord’s cost and expense by counsel reasonably approved in writing by Tenant, which approval shall not be unreasonably withheld. Landlord’s indemnification obligations under this Section 14.2.2 16.3 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease as to any matters arising prior to such expiration or termination or prior to Tenant’s vacation of the Tenant Space and the Building. Notwithstanding any provision to the contrary contained in this Section 14.2.2, (aa) nothing contained in this Section 14.2.2 shall be interpreted or used to in any way affect, limit, reduce or abrogate any insurance coverage provided by any insurer to either Tenant or Landlord; and (bb) insurable risks and events that are otherwise covered by Section 9.2 or 9.3 of this Lease shall be governed by said Section 9.2 and 9.3, respectively, and are, collectively, excluded from the terms of this Section 14.2.2. This indemnity provision shall survive the termination or expiration of this Lease. PageLandlord’s covenants, agreements and indemnification in Section 16.1 and this Section 16.3 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Landlord pursuant to the provisions of this Lease.

Appears in 1 contract

Samples: Lease (Corium International, Inc.)

Landlord’s Indemnification. Subject to Sections 14.2.1 and 9.2, and except to Except for the extent caused by the negligence willful or willful misconduct negligent acts or -------------------------- omissions of Tenant as determined by a court of competent jurisdiction, Landlord shall defend, indemnify, and hold harmless (and to reimburse Tenant and the Tenant Parties) Tenant and the Tenant Parties from and against all Claims arising from, in connection with, or in any manner relating to (or alleged to arise from, to be in connection with, or to be in any manner related to): (i) the negligence or willful misconduct of Landlord, its agents, servants, employees or contractors, Tenant hereby agrees to indemnify and hold harmless Landlord, the Additional Insured and the officers, directors, agents and employees of Landlord and the Additional Insured, from and against any and all claims, losses, actions, damages, liabilities and expenses (including reasonable attorneys' fees and disbursements) that (i) directly arise from or are in connection with Tenant's possession, use, occupancy, management, repair, maintenance or control of the Leased Premises, or any member portion thereof, the making or removal of Alterations, or the Landlord Group business conducted by Tenant in the Leased Premises, or (ii) directly arise from or are in connection with any default willful or negligent act or omission of Tenant or Tenant's Associates, or (iii) directly result from any default, breach, violation or nonperformance of its obligations under this Lease by Tenant. Tenant shall, at its own cost and expense, defend any and all actions, suits and proceedings which may be brought against Landlord. The foregoing notwithstanding, the Additional Insured and the officers, directors, agents and employees of, and any partners in, Landlord and Tenant acknowledge and agree that in no event shall Landlord’s indemnification obligations arise merely because Landlord failed to enforce the terms of any other agreement with any other party or tenant in the BuildingAdditional Insured, or failed any of them, with respect to cause the foregoing or in which Landlord, the Additional Insured and the officers, directors, agents and employees of, and any such party or tenant to maintain its premises or cure any damages caused by such party or tenant or meet any obligations that such party or tenant had failed to satisfy. In partners in, Landlord and the event that any action or proceeding is brought against Tenant Additional Insured, or any member of them, may be named or impleaded. Tenant shall pay, satisfy and discharge any and all final money judgments which may be established or recovered against Landlord, the Tenant Parties by reason of Additional Insured and the officers, directors, agents and employees of, and any such Claimpartners in , Landlord upon notice from Tenant shall defend such action or proceeding at Landlord’s cost and expense by counsel reasonably approved by Tenant. Landlord’s obligations under this Section 14.2.2 shall survive the expiration or termination of this Lease as to any matters arising prior to such expiration or termination or prior to Tenant’s vacation of the Tenant Space and the Building. Notwithstanding Additional Insured, or any provision to of them, in connection with the contrary contained in this Section 14.2.2, (aa) nothing contained in this Section 14.2.2 shall be interpreted or used to in any way affect, limit, reduce or abrogate any insurance coverage provided by any insurer to either Tenant or Landlord; and (bb) insurable risks and events that are otherwise covered by Section 9.2 or 9.3 of this Lease shall be governed by said Section 9.2 and 9.3, respectively, and are, collectively, excluded from the terms of this Section 14.2.2. This indemnity provision shall survive the termination or expiration of this Lease. Pageforegoing.

Appears in 1 contract

Samples: Lease Agreement (Knight Trimark Group Inc)

Landlord’s Indemnification. Subject to Sections 14.2.1 and 9.2applicable waivers of subrogation, releases, and limitations on liability (including, without limitation, Section 15.05), except to the extent caused by the negligence or willful misconduct of Tenant as determined by a court or its subtenants or licensees, or any of competent jurisdictiontheir respective partners, members, directors, principals, shareholders, officers, agents, employees and contractors (collectively, the “Tenant Indemnified Parties”), Landlord shall defend, indemnify, defend and hold harmless (and to reimburse Tenant and the other Tenant Parties) Tenant and the Tenant Indemnified Parties harmless from and against all Claims arising fromclaims by any person other than Tenant or any of the other Tenant Indemnified Parties, in connection with, resulting from (a) any negligent act or in any manner relating omission (where there is a duty to (or alleged to arise from, to be in connection with, or to be in any manner related to): (iact) the negligence or willful misconduct of LandlordLandlord or its officers, its agents, servants, employees or contractorscontractors and (b) any breach or default by Landlord of Landlord’s obligations under this Lease beyond any applicable periods of notice and cure, together with all reasonable costs and expenses incurred in connection with each such claim or any member action or proceeding brought thereon, including, without limitation, all reasonable attorneys’ fees and disbursements. None of the Landlord Group events or (ii) conditions set forth in this paragraph shall be deemed a constructive or actual eviction or entitle Tenant to any default abatement or reduction of this Lease by LandlordRent. The foregoing notwithstanding, Landlord and Tenant acknowledge and agree that in no event shall Landlord’s indemnification obligations arise merely because Landlord failed to enforce the terms of any other agreement with any other party or tenant in the Building, or failed to cause any such party or tenant to maintain its premises or cure any damages caused by such party or tenant or meet any obligations that such party or tenant had failed to satisfy. In the event that If any action or proceeding is brought against any Tenant or any member of the Tenant Parties Indemnified Party by reason of any such Claimclaim for which Landlord has liability hereunder, Tenant shall promptly notify Landlord and Landlord, upon notice from such Tenant Indemnified Party shall resist and defend such action or proceeding at Landlord’s cost and expense by (using counsel reasonably approved by satisfactory to Tenant. Landlord’s obligations under this Section 14.2.2 Notwithstanding anything contained herein, in no event shall survive the expiration or termination of this Lease as Landlord be liable to any matters arising prior to such expiration or termination or prior to Tenant’s vacation of the Tenant Space and the Building. Notwithstanding Indemnified Parties for any provision to the contrary contained in this Section 14.2.2, (aa) nothing contained in this Section 14.2.2 shall be interpreted consequential or used to in any way affect, limit, reduce or abrogate any insurance coverage provided by any insurer to either Tenant or Landlord; and (bb) insurable risks and events that are otherwise covered by Section 9.2 or 9.3 of this Lease shall be governed by said Section 9.2 and 9.3, respectively, and are, collectively, excluded from the terms of this Section 14.2.2. This indemnity provision shall survive the termination or expiration of this Lease. Pagepunitive damages.

Appears in 1 contract

Samples: Office Lease (Schrodinger, Inc.)

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Landlord’s Indemnification. Subject Landlord shall indemnify, protect, defend (by counsel reasonably acceptable to Sections 14.2.1 Tenant) and 9.2hold harmless Tenant and its partners, directors, officers, employees, shareholders, lenders, agents, contractors and except each of their respective successors and assigns (individually and collectively, the 'Indemnified Parties") from and against any and all claims, judgments, causes of action, damages, penalties, fines, taxes, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising at any time during or after the Term as a result of (directly or indirectly, but only to the extent caused by the negligence by) or willful misconduct of Tenant as determined by a court of competent jurisdiction, Landlord shall defend, indemnify, and hold harmless (and to reimburse Tenant and the Tenant Parties) Tenant and the Tenant Parties from and against all Claims arising from, in connection with, or in any manner relating to (or alleged to arise from, to be in connection with, or to be in any manner related to): with (i) the negligence presence of Hazardous Materials on, under or willful misconduct of Landlord, its agents, servants, employees about the Premises or contractors, or any member other properties adjacent thereto as of the Landlord Group Effective Date of this Lease, including but not limited to (a) the Hazardous Material subject to the Remediation Plan (as defined in Section 12.7 of the Master Lease); and (b) any Hazardous Materials migrating onto the Premises from the adjacent Hewlett-Packard property, or (ii) the presence of Hazardous Materials on, under or about the Premises due to the activities of Landlord and/or Landlord's agents, employees, contractors or assigns at any default time before or after the Effective Date of this Lease by LandlordLease. The foregoing notwithstanding, Landlord and Tenant acknowledge and agree that in no event This indemnity shall Landlord’s indemnification obligations arise merely because Landlord failed to enforce include the terms cost of any other agreement with any other party required or tenant in necessary repair, cleanup or detoxification, and the Building, or failed to cause any such party or tenant to maintain its premises or cure any damages caused by such party or tenant or meet any obligations that such party or tenant had failed to satisfy. In the event that any action or proceeding is brought against Tenant or any member of the Tenant Parties by reason preparation of any such Claimclosure or other required plans, Landlord upon notice from Tenant shall defend whether such action is required or proceeding at Landlord’s cost and expense by counsel reasonably approved by Tenant. Landlord’s obligations under this Section 14.2.2 shall survive necessary prior to or following the expiration or termination of this Lease as to any matters arising prior to such expiration or termination or prior to Tenant’s vacation Lease. The strict compliance by Landlord with all Environmental Laws shall not excuse Landlord from Landlord's obligation of the Tenant Space and the Buildingindemnification pursuant hereto. Notwithstanding any provision Landlord's obligations pursuant to the contrary contained in this Section 14.2.2, (aa) nothing contained in this Section 14.2.2 shall be interpreted or used to in any way affect, limit, reduce or abrogate any insurance coverage provided by any insurer to either Tenant or Landlord; and (bb) insurable risks and events that are otherwise covered by Section 9.2 or 9.3 of this Lease shall be governed by said Section 9.2 and 9.3, respectively, and are, collectively, excluded from the terms of this Section 14.2.2. This foregoing indemnity provision shall survive the termination or expiration of this Lease. PageThe provisions of this Section 6.6.7 hereof pertain only to Hazardous Materials existing on or originating from the Premises or adjacent properties thereto on the Effective Date or due to the activities of Landlord and/or Landlord's agents, employees, contractors or assigns before or after the Effective Date and shall in no way be construed or understood to require Landlord to investigate, remediate, or indemnify any person in respect of any Hazardous Materials caused directly or indirectly by Tenant, its assignees or sublessees or any of its or their activities after the Effective Date.

Appears in 1 contract

Samples: Industrial Lease Agreement (Tibco Software Inc)

Landlord’s Indemnification. Subject Except for the willful or grossly negligent acts or omissions (where applicable law imposes a duty to Sections 14.2.1 and 9.2, and except to the extent caused by the negligence act) of Landlord or willful misconduct of Tenant as determined by a court of competent jurisdiction, Landlord shall defend, indemnify, and hold harmless (and to reimburse Tenant and the Tenant Parties) Tenant and the Tenant Parties from and against all Claims arising from, in connection with, or in any manner relating to (or alleged to arise from, to be in connection with, or to be in any manner related to): (i) the negligence or willful misconduct of Landlord, its agents, servants, employees or contractors, Tenant hereby agrees to indemnify and hold harmless Landlord, the Additional Insureds and the officers, directors, agents and employees of, and the partners in, Landlord and the Additional Insureds, from and against any and all claims, losses, actions, damages, liabilities and expenses (including reasonable attorneys' fees and disbursements) that (i) arise from or are in connection with Tenant's possession, use, occupancy, management, repair, maintenance or control of all or any member part of the Landlord Group Leased Premises, the making or removal of Alterations and the performance of all related construction work, or that relate in any other manner to the business conducted by Tenant in the Leased Premises, or (ii) arise from or are in connection with any default willful or negligent act or omission of Tenant or Tenant's Associates, or (iii) result from any default, breach, violation or nonperformance of this Lease or any provision therein by Tenant, or (iv) arise from injury or death to individuals or damage to property sustained on or about the Leased Premises. Tenant shall, at its own cost and expense, upon notice thereof from Landlord. The foregoing notwithstanding, defend any and all actions, suits and proceedings which may be brought against Landlord, the Additional Insureds and the officers, directors, agents and employees of, and the partners in, Landlord and Tenant acknowledge and agree that in no event shall Landlord’s indemnification obligations arise merely because Landlord failed to enforce the terms of any other agreement with any other party or tenant in the BuildingAdditional Insureds, or failed any of them, with respect to cause any such party the foregoing or tenant to maintain its premises or cure any damages caused by such party or tenant or meet any obligations that such party or tenant had failed to satisfy. In in which Landlord, the event that any action or proceeding is brought against Tenant Additional Insureds and the officers, directors, agents and employees of, and the partners in, Landlord and the Additional Insureds, or any member of them, may be impleaded. Tenant shall pay, satisfy and discharge any and all final money judgments which may be recovered against Landlord, the Tenant Parties by reason of any such ClaimAdditional Insureds and the officers, directors, agents and employees of, and the partners in, Landlord upon notice from Tenant shall defend such action or proceeding at Landlord’s cost and expense by counsel reasonably approved by Tenant. Landlord’s obligations under this Section 14.2.2 shall survive the expiration or termination of this Lease as to any matters arising prior to such expiration or termination or prior to Tenant’s vacation of the Tenant Space and the BuildingAdditional Insureds, or any of them, in connection with the foregoing. Notwithstanding any provision to For so long as Tenant is in compliance with the contrary contained in this Section 14.2.2, (aa) nothing contained in this Section 14.2.2 shall be interpreted or used to in any way affect, limit, reduce or abrogate any insurance coverage provided by any insurer to either Tenant or Landlord; and (bb) insurable risks and events that are otherwise covered by Section 9.2 or 9.3 of this Lease shall be governed by said Section 9.2 and 9.3, respectively, and are, collectively, excluded from the terms requirements of this Section 14.2.2. This 11, the indemnity provision provided above shall survive be limited to the termination policy limits of such insurance, excluding only such deductibles as Tenant maintains, provided, however, that Tenant is still liable if the act is not covered by Tenant's insurance or expiration of this Lease. Pageinsurance coverage is not in place.

Appears in 1 contract

Samples: Lease Agreement (Sylvan Learning Systems Inc)

Landlord’s Indemnification. Subject to Sections 14.2.1 Landlord shall indemnify and 9.2hold harmless Tenant and any other Tenant Indemnitee for and from any and all claims, demands, losses, damages, costs and except to liabilities, including, without limitation, reasonable attorneys fees and costs, resulting from the extent caused by the negligence negligent act or willful misconduct of Tenant as determined Landlord or Landlord's agents or employees with respect to the Complex or the Premises or any default by a court Landlord in the observance or performance of competent jurisdiction, any of Landlord's obligations hereunder. Landlord shall defendhave no obligation under this Section 4.7 or under Section 4.3 above, indemnifyfor any claim, and hold harmless (and to reimburse Tenant and the Tenant Parties) Tenant and the Tenant Parties from and against all Claims arising from, in connection with, or in any manner relating to (or alleged to arise from, to be in connection with, or to be in any manner related to): (i) the negligence or willful misconduct of Landlord, its agents, servants, employees or contractors, or any member of the Landlord Group or (ii) any default of this Lease by Landlord. The foregoing notwithstanding, Landlord and Tenant acknowledge and agree that in no event shall Landlord’s indemnification obligations arise merely because Landlord failed to enforce the terms of any other agreement with any other party or tenant in the Building, or failed to cause any such party or tenant to maintain its premises or cure any damages caused by such party or tenant or meet any obligations that such party or tenant had failed to satisfy. In the event that any action or proceeding to the extent covered by Tenant's indemnification obligations under this Lease. Landlord's indemnification obligations under Section 4.3 and this Section 4.7 shall survive any termination of this Lease. In case any claim, action or proceeding be brought, made or initiated against any Tenant Indemnitee that is brought against Tenant or any member of the Tenant Parties covered by reason of any such ClaimLandlord's indemnification under this Section 4.7, Landlord Landlord, upon notice from Tenant Tenant, shall at its sole cost and expense, resist, or defend such claim, action or proceeding at Landlord’s cost and expense by counsel attorneys reasonably approved by Tenant. Notwithstanding the foregoing, the Tenant Indemnitee may retain its own attorneys, and Landlord shall pay the reasonable fees and disbursements of such attorneys (except for fees and expenses for defense of any such claim, action or proceeding brought by a Tenant Indemnitee against another Tenant Indemnitee; which shall not be paid by Landlord’s obligations under this Section 14.2.2 ), to defend or assist in defending any claim, action or proceeding (i) involving potential liability of Five Million Dollars ($5,000,000) or more, (ii) if the Tenant Indemnitee shall survive have reasonably concluded that there may be a conflict of interest between Landlord and such Tenant Indemnitee in the expiration or termination of this Lease as to any matters arising prior to such expiration or termination or prior to Tenant’s vacation conduct of the defense of such action (in which case Landlord shall not have the right to direct the defense of such claim, on behalf of such Tenant Space Indemnitee), or (iii) the claim is for equitable relief against the Tenant Indemnitee and no monetary damages are being sought against the BuildingTenant Indemnitee. Notwithstanding Landlord shall not settle any provision claims, actions or proceedings against a Tenant Indemnitee without such Tenant Indemnitee's consent if such settlement involves relief other than the payment of money. No Tenant Indemnitee shall settle any such claims, actions or proceedings without Landlord's written consent. Any settlement not consented to the contrary contained in this Section 14.2.2, (aa) nothing contained in this Section 14.2.2 by Landlord shall not be interpreted or used to in any way affect, limit, reduce or abrogate any insurance coverage provided by any insurer to either Tenant or Landlord; and (bb) insurable risks and events that are otherwise covered by Section 9.2 or 9.3 of this Lease shall be governed by said Section 9.2 and 9.3, respectively, and are, collectively, excluded from the terms of this Section 14.2.2. This indemnity provision shall survive the termination or expiration of this Lease. PageLandlord's indemnification.

Appears in 1 contract

Samples: Genencor International Inc

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