Common use of Lessee Indemnification Clause in Contracts

Lessee Indemnification. Lessee hereby agrees to defend, indemnify and hold Lessor and any mortgagee of the Demised Premises harmless from and against any and all Claims for Damage (including, without limitation, reasonable site investigation costs, removal and Remediation costs and attorneys’ fees and disbursements) arising out of or in connection with (i) Lessee’s use and occupancy of the Demised Premises, (ii) any past, present or future spill or discharge of a hazardous substance or hazardous waste as a result of Lessee’s acts or omissions at the Demised Premises or any property adjoining the Demised Premises (except for Excluded Claims and any Hazardous Materials first deposited or generated at the Demised Premises after the end of the Term of this Lease), and/or (iii) Lessee’s failure to comply with the provisions of this Article. Lessee shall not be obligated hereunder to defend, indemnify or hold harmless Lessor or Lessor’s mortgagee for any past, present or future spill or discharge which either pre-existed Lessee’s Lease, or is the result of the act or omission of the Lessor or other Lessees, their agents and employees except to the extent any such spill or discharge has been aggravated by Lessee. In the event that Tenant indemnifies Landlord for a Claim pursuant to the provisions hereof that is subsequently determined to be an Excluded Claim by a final adjudication by the applicable court or other body with similar authority with respect to such Claim, Landlord shall reimburse Tenant for the amounts so paid by Tenant to Landlord with respect to such Excluded Claim.

Lessee Indemnification. Lessee hereby agrees to defendshall indemnify, indemnify defend and hold Lessor completely harmless the Aviation Authority, the City of Orlando and any mortgagee the members (including, without limitation, all members of the Demised Premises harmless governing board and the advisory committees of each), officers, agents and employees of each, (the “Indemnified Parties”) from and against any and all Claims claims, suits, demands, judgments, losses, costs, fines, penalties, damages, liabilities (including statutory liability and liability under Workers' Compensation Laws), and expenses (including all costs for Damage (investigation and defense thereof, including, without limitationbut not limited to, court costs, reasonable site investigation costs, removal and Remediation costs and attorneys’ expert witness fees and disbursementsreasonable attorneys' fees) which may be incurred by, charged to or recovered from any of the foregoing (a) arising directly or indirectly out of the use, occupancy or maintenance of the Premises and the Airport, including any Improvement thereto, or Lessee's operations at the Airport or in connection with any of Lessee's rights and obligations contained in this Agreement, including, but not limited to, any and all claims for damages as a result of the injury to or death of any person or persons, or damage to any property which arises as a result of any act or omission on the part of Lessee or its officers, directors, partners, employees, agents, contractors, subcontractors, or licensees, regardless of where the damage, injury or death occurred, or (b) arising out of the failure of Lessee to keep, observe or in connection with perform any of its obligations under this Agreement. This indemnification shall not apply to the extent that any claims, damages, losses, and expenses arise from Aviation Authority’s sole negligence, gross negligence or intentional misconduct. The Aviation Authority shall give Lessee reasonable notice of any suit or claim for which indemnification will be sought under this Indemnification section, allow Lessee or its insurer to compromise and defend the same to the extent of its interests (i) Lesseesubject to the Aviation Authority’s use and occupancy of the Demised Premisesright to approve any proposed settlement, (ii) any past, present or future spill or discharge of a hazardous substance or hazardous waste as a result of Lessee’s acts or omissions at the Demised Premises or any property adjoining the Demised Premises (except for Excluded Claims and any Hazardous Materials first deposited or generated at the Demised Premises after the end of the Term of this Lease), and/or (iii) Lessee’s failure to comply with the provisions of this Article. Lessee which approval shall not be obligated hereunder to defendunreasonably withheld) and reasonably cooperate with the defense of any such suit or claim. In carrying out its obligations under this Indemnification section, indemnify or hold harmless Lessor or Lessor’s mortgagee for any past, present or future spill or discharge which either pre-existed Lessee’s Lease, or is the result of the act or omission of the Lessor or other Lessees, their agents and employees except Lessee shall use counsel reasonably acceptable to the extent any such spill or discharge has been aggravated Aviation Authority. Nothing herein shall be deemed a waiver by Lessee. In Aviation Authority of its sovereign immunity rights under the event that Tenant indemnifies Landlord for a Claim pursuant to the provisions hereof that is subsequently determined to be an Excluded Claim by a final adjudication by the applicable court or other body with similar authority with respect to such Claim, Landlord shall reimburse Tenant for the amounts so paid by Tenant to Landlord with respect to such Excluded Claimlaws of The State of Florida.

Lessee Indemnification. Lessee hereby agrees to defendshall indemnify, indemnify defend and hold Lessor, Lessor’s employees, agents (the “Lessor Parties”) and any mortgagee of the Demised Premises Lessor’s Lender (as defined in Paragraph 30 below) harmless from and against any and all Claims for Damage (includingloss of rents and/or damages, without limitationliabilities, reasonable site investigation costsjudgments, removal and Remediation costs claims, expenses, penalties, and attorneys’ and consultants’ fees and disbursements) arising out incurred by or imposed upon Lessor or Lessor Parties at any time before, during or after the Term of this Lease as a result of or in connection with (i) Lessee’s use and occupancy or Lessee’s employees’, agents’, consultants’, contractors’, invitees’ or customers (collectively, the “Lessee Parties”) breach of any of the Demised Premisesprovisions of this Paragraph 6, or (ii) any pastthe presence of Hazardous Substances on, present under or future spill about the Premises or discharge of a hazardous substance or hazardous waste other property as a result of Lessee’s acts and/or any Lessee Parties’ activities or omissions at the Demised Premises or any property adjoining the Demised Premises (except for Excluded Claims and failure to act. Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Materials first deposited Substance under the Premises from other properties which Lessee did not contribute to or generated at exacerbate. Lessee’s indemnity obligation shall include, but not be limited to, injury to person, or damage to property or the Demised Premises after environment created by Lessee, and the end cost of Remediation (as defined in Paragraph 9.1(f) and shall survive the Term expiration or termination of this Lease). No termination, and/or (iii) Lessee’s failure to comply with the provisions of this Article. cancellation or release agreement entered into by Lessor and Lessee shall not be obligated hereunder to defend, indemnify or hold harmless release Lessee from its obligations under this Paragraph 6.2 unless Lessor or Lessor’s mortgagee for any past, present or future spill or discharge which either pre-existed Lessee’s Lease, or is specifically agrees thereto in writing at the result time of such agreement and such agreement specifically identifies this Paragraph 6.2 of the act or omission of the Lessor or other Lessees, their agents and employees except to the extent any such spill or discharge has been aggravated by Lessee. In the event that Tenant indemnifies Landlord for a Claim pursuant to the provisions hereof that is subsequently determined to be an Excluded Claim by a final adjudication by the applicable court or other body with similar authority with respect to such Claim, Landlord shall reimburse Tenant for the amounts so paid by Tenant to Landlord with respect to such Excluded ClaimLease.

Lessee Indemnification. Lessee hereby agrees to defend, shall indemnify and hold save harmless Lessor, and its directors, officers, partners, contractors, invitees, employees and agents ("Lessor's Affiliates") (except for loss or damage resulting from the negligence or willful misconduct of Lessor and any mortgagee or Lessor's Affiliates, or the breach of the Demised Premises harmless this Lease by Lessor) from and against any and all Claims for Damage claims, actions, damages, liabilities and expenses, including reasonable attorney's fees, in connection with loss of life, bodily injury and/or damage to property arising from or out of any occurrence in or upon THE PREMISES, or any part thereof, occasioned wholly or in part by any act or omission of Lessee, or its directors, officers, partners, contractors, invitees, employees or agents (including"Lessee's Affiliates") thereon. With respect to any occurrence in or upon THE PREMISES, or any actions based in whole or in part upon acts or omissions of Lessee, or Lessee's Affiliates on or off THE PREMISES, Lessee shall defend Lessor with counsel selected by Lessee and reasonably satisfactory to Lessor (and shall indemnify and hold Lessor harmless from and against all defense costs, including without limitation, reasonable site investigation attorney's fees, court costs, removal discovery costs, expert witness fees, and Remediation costs and attorneys’ fees and disbursementsrelated expenses incurred in such defense) arising out of against any such claim or in connection with (i) Lessee’s use and occupancy of the Demised Premises, (ii) any past, present or future spill or discharge of a hazardous substance or hazardous waste as a result of Lessee’s acts or omissions at the Demised Premises or any property adjoining the Demised Premises (except for Excluded Claims and any Hazardous Materials first deposited or generated at the Demised Premises after the end of the Term of this Lease), and/or (iii) Lessee’s failure to comply with the provisions of this Articleaction. Lessee shall not be obligated hereunder pay such defense costs and fees as they accrue. Lessor shall have the right to defend, indemnify reject or hold harmless Lessor to augment defense counsel appointed by Lessee or Lessor’s mortgagee for any past, present or future spill or discharge which either pre-existed Lessee’s Lease, or is the result of the act or omission of the Lessor or other Lessees, their its agents and employees except to the extent any such spill appoint replacement or discharge has been aggravated by Lesseeadditional counsel at Lessor's sole cost and expense, and Lessee and its counsel shall fully cooperate with Lessor's replacement or additional counsel. In the event that Tenant indemnifies Landlord for a Claim pursuant to the provisions hereof that Lessor is subsequently determined to be an Excluded Claim by a final adjudication by the applicable court solely or other body jointly liable with similar authority with respect to Lessee in any such Claimclaim or action, Landlord Lessor shall reimburse Tenant for to Lessee amounts expended or required to be expended by Lessee hereunder, with such reimbursement to be based upon the amounts so paid by Tenant relative percentages of liability of Lessor and Lessee which are determined to Landlord with respect to exist in any such Excluded Claimclaim or action.