Lessee’s Indemnification. LESSEE shall indemnify, defend and hold harmless LESSOR from and against any and all claims, judgments, causes of action, damages, penalties, fines, costs, liabilities, losses and expenses arising at any time during or after the Term from (a) LESSEE’s and/or any LESSEE PARTY’s breach of this Section 13 or (b) the presence, spill and/or release of Hazardous Materials brought onto the Premises by or for LESSEE and/or any LESSEE PARTY during the Term, in each case except to the extent arising from, caused by or in any way connected to the gross negligence or willful misconduct of LESSOR, its employees, agents, contractors, guests or invitees. This indemnity shall include, without limitation, the cost of any required or necessary repair, cleanup or detoxification, and the preparation and implementation of any closure, monitoring or other required plans, whether such action is required or necessary prior to or following the termination of this Lease. Neither the written consent by LESSOR to the presence of Hazardous Materials on, under or about the Premises, nor the strict compliance by LESSEE with all Environmental Laws, shall excuse LESSEE from LESSEE’s obligation of indemnification pursuant hereto. LESSEE’s obligations pursuant to the foregoing indemnity shall survive the expiration or termination of this Lease.
Lessee’s Indemnification. Lessee shall at all times indemnify, protect, defend, and hold harmless Lessor, its officers, agents, and employees from any claims, demands, losses, actions, or expenses, including attorney fees, to which Lessor may be subject by reason of any property damage or personal injury arising or alleged to arise from the acts or omissions of Lessee, its agents, invitees, or employees, or in connection with the use, occupancy, or condition of the Leased Premises.
Lessee’s Indemnification. Lessee shall hold harmless, indemnify and defend Manager and its Affiliates and their respective agents, employees, officers, directors and shareholders from and against all claims (administrative or judicial), damages, losses and expenses (including, but not limited to, attorneys’ fees for pre-trial, trial and appellate proceedings, accounting fees, appraisal fees and consulting and expert witness fees) arising out of or resulting from Manager’s activities performed pursuant to this Agreement, any franchise agreement, any past or future building code or life/safety code violations, and injury to person(s) and damage to property or business by reason of any cause whatsoever in and about the Hotels or elsewhere, and any requirement or award relating to course of employment, working conditions, wages and/or compensation of employees or former employees at the Hotels, unless such injury or damage is caused by the gross negligence or willful misconduct or fraud on the part of Manager, its agents, employees, representatives or independent contractors or by any breach of Manager’s obligations under this Agreement. Lessee’s foregoing indemnification obligation to indemnify Manager and its Affiliates shall extend to any claims between Lessee and Manager or its Affiliates arising out of this Agreement or otherwise. Any indemnification shall apply regardless of whether or not said claim, damage, loss or expense is covered by insurance as herein provided.
Lessee’s Indemnification. To the fullest extent permitted by law, Lessee shall indemnify, defend (using legal counsel reasonably acceptable to City) and save City, City’s officers, agents, employees and contractors, harmless from all claims, suits, losses, damages, fines, penalties, liabilities and expenses (including City’s actual and reasonable personnel and overhead costs and attorneys’ fees and other costs incurred in connection with claims, regardless of whether such claims involve litigation) resulting from any actual or alleged injury (including death) of any person or from any actual or alleged loss of or damage to, any property arising out of or in connection with (i) Lessee’s occupation, use or improvement of the Premises, or that of any of its officers, employees, agents, contractors, licensees or invitees, (ii) Lessee’s breach of its obligations hereunder or (iii) any negligent or intentional act or omission by any subtenant or licensee of Lessee, or of any officer, agent, employee, contractor, licensee or invitee of any of the same in or about the Premises, except to the extent caused by the City’s negligent acts, intentional misconduct or breach of this Lease. Xxxx agrees that the foregoing indemnity specifically excludes injury to any person or loss or damage to property resulting from conditions on property adjacent to the Premises unless Xxxxxx’s actions or those of its officers, employees, agents, contractors, subtenants, licensees or invitees caused or contributed to the harm alleged. As used herein, “adjacent to the Premises” means areas outside the area where Lessee provides custodial service, as further described in Subsection 12.6. The indemnification and defense obligation of this subsection shall survive termination or expiration of this Lease. Xxxxxx agrees that the foregoing indemnity specifically covers actions brought by its own employees; as a result, the foregoing indemnity is specifically and expressly intended to constitute a waiver of Xxxxxx’s immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to City and to the extent necessary to provide City with a full and complete indemnity from claims made by Lessee and its employees, to the extent of their negligence. Lessee shall promptly notify City of casualties or accidents occurring in or about the Premises. CITY AND XXXXXX ACKNOWLEDGE THAT THEY SPECIFICALLY NEGOTIATED AND AGREED UPON THE INDEMNIFICATION PROVISIONS OF THIS SECTION 15.
Lessee’s Indemnification. Except to the extent Lessor has specifically waived its right of recovery in this Lease, Lessee shall indemnify and hold Lessor harmless against and from any and all claims arising from Lessee's use of the Premises or from the conduct of its business or from any activity, work or other things done, permitted or suffered by Lessee in or about the Premises, and shall further indemnify and hold harmless Lessor against and from any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any act or negligence of Lessee, or any officer, agent, employee, guest or invitee of Lessee, and from all costs, attorneys' fees and liabilities incurred in connection with the defense of any such claim or any action or proceeding brought thereon. In any action or proceeding brought against Lessor by reason of such claim, Lessee, upon notice from Lessor, shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Lessor's gross negligence or intentional misconduct, and Lessee hereby waives all claims in respect thereof against Lessor. In no event shall any indemnity in the Lease by Lessee apply to the extent of the gross negligence or intentional misconduct of Lessor or its agents, employees, contractors, or invitees.
Lessee’s Indemnification. Lessee shall indemnify, protect, defend and hold Lessor free and harmless from and against any and all suits, actions, claims, regulatory actions, liabilities, penalties, losses, injuries, and expenses, including attorney’s fees, resulting from the death or injury to any person, destruction or damage to property, arising from or caused by the presence, in or about the Property, of any Hazardous Materials placed on or about the Property by Lessee, or its agents, employees or Assignees, or at Lessee’s direction, or by Lessee’s failure to comply with all applicable Environmental Laws. Section 13.5
Lessee’s Indemnification. Lessee agrees to indemnify, defend, and hold Lessor and the property of Lessor, including the Premises, free and harmless from any and all liability for injury to or death of any person, including Lessee’s employees, invitees, and licensees, anyone in or about the Premises with the express or implied consent of Lessee, Lessee’s sublessees or assignees, or anyone in or about the Premises with the express or implied consent of Lessee’s sublessees or assignees. Lessee agrees to indemnify and hold Lessor and the property of Lessor, including the Premises, free and harmless from any and all liability for damage to property arising from the use and occupancy of the Premises by Lessee or Lessee’s sublessees or assignees, which shall include any damage due to fuel storage and/or hazardous or toxic waste contamination on the Property, or from the act or omission of any person or persons, including Lessee’s employees, invitees, and licensees, anyone in or about the Premises with the express or implied consent of Lessee, Lessee’s sublessees or assignees, or anyone in or about the Premises with the express or implied consent of Lessee’s sublessees or assignees. Lessee agrees to indemnify, defend, and hold Lessor, its officers, owners, agents, employees, and assigns, free and harmless against any and all liabilities, damages, losses, costs, and expenses incurred or suffered by them as a result of any failure to be true or correct of any representation or warranty made by Lessee or any of his employees or agents in this Agreement, including any such representations or warranties in Article 16, below.
Lessee’s Indemnification. Lessee shall indemnify, protect, defend and hold Lessor, its agents, employees, lenders and ground lessor, if any, and the Premises, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, costs, claims, liens, expenses, penalties, permits and attorney's and consultant's fees arising out of or involving any Hazardous Substance or storage tank brought onto the Premises by or for Lessee. Lessee's obligations under this Paragraph 6 shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created by Lessee, and the cost of investigation (including consultant's and attorney's fees and testing), removal, remediation, restoration and/or abatement thereof, or of any contamination therein involved, and shall survive the expiration or earlier termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substance or storage tanks, unless specifically so agreed by Lessor in writing at the time of such agreement.
Lessee’s Indemnification. During the Term, Lessee shall indemnify, defend (with counsel reasonably acceptable to Lessor), and save Lessor and its Representatives, harmless against all loss, liability, penalties, claims or demands of whatsoever nature, including reasonable attorneys' fees and costs, arising from any occurrence in the Premises (including construction of Lessee's tenant improvements or Alterations), except to the extent resulting, in whole or in part, directly or indirectly from the default or negligence of Lessor and its Representative. Lessee will carry liability insurance with a deductible amount and company reasonably satisfactory to the Lessor in the sum of $2,000,000.00 in favor of Lessee and Lessor agrees to deliver a duplicate policy to the Lessor naming Lessor as an additional insured. Lessee shall also carry such worker's compensation insurance as is required by law.
Lessee’s Indemnification. Lessor, its agents, employees, contractors and invitees, shall not be liable to Lessee or its agents, employees, contractors or invitees or to any third party for any damage to person or property caused by or arising from or in connection with any act, omission or negligence of Lessee. Lessee agrees to indemnify, hold harmless and defend Lessor, its agents, employees, contractor and invitees, from and against any and all liability claims, causes of action, damages, costs and expenses (including, without limitation, reasonable attorney's fees) arising from or in connection with any act, omission or neglect of Lessee or its agents, employees, contractors or invitees, or any breach or default under this Lease by Lessee, provided that the foregoing provision shall not be construed to make Lessee responsible for loss, damage, liability claims, causes of action or expenses resulting from injuries to third parties caused by the negligence or deliberate and intentional acts of Lessor or its officers, contractors, licensees, agents, employees or invitees.
