Common use of Lessee’s Indemnification Clause in Contracts

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.

Appears in 2 contracts

Samples: Antenna License Agreement (Infospace Inc), Antenna License Agreement (Go2net Inc)

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Lessee’s Indemnification. Except to the extent caused or contributed to by the act or omission of the Lessor has specifically waived or any of its right Affiliates or any of recovery in this Leaseits or their officers, agents, partners and employees, the Lessee shall indemnify and hold keep the Lessor harmless fully indemnified against all claims, actions, demands, actions and from proceedings whatsoever made against the Lessor by any and all claims arising from Lessee's use person (other than any Affiliate of the Premises Lessor) whomsoever arising as a result of or from in connection with any loss, damage or injury (i) caused by the conduct negligence of its business the Lessee or from the Lessee’s employees or agents; (ii) occasioned by any activity, work or other things done, permitted or suffered by Lessee construction done in or about the PremisesLeased Premises by or on behalf of the Lessee; (iii) caused by the Lessee’s use, and shall further indemnify and hold harmless Lessor against and from manner of use, occupancy or possession of the Leased Premises or any and all claims arising from any breach or condition of the Leased Premises created by the Lessee; (iv) due to a default in the proper performance by the Lessee of any obligation on the Lessee's part to be performed ’s obligations under the terms of this Lease, and specifically excluding, except to the extent occasioned by the act or arising from omission of the Lessor, and/or other Philippine Parties and their officers, agents, partners and employees, or due to a breach of any act of the Lessor’s obligations under this Lease or (v) caused by the Lessee’s exercise of its self-help rights hereunder. The Lessee shall also be responsible for any loss or damage which may be done to the Leased Premises or any part thereof or to common areas or to any part of the Leased Premises, due to the fault or negligence of the Lessee, or any officerits employees, 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, employeescustomers, contractors, clients or inviteesguests.

Appears in 1 contract

Samples: Contract of Lease (Melco Crown Entertainment LTD)

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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 from and against and from any and all claims of liability for any injury or damage to any person or property arising from Lessee's use of the Premises Premises, or from the conduct of its business Lessee's business, or from any activity, work work, or other things thing being done, permitted permitted, or suffered by Lessee in or about the Premises, and Premises or elsewhere. Lessee shall further indemnify and hold Lessor harmless Lessor from and against and from any and all claims arising from any breach or default in the performance of any obligation on of Lessee's part to be performed under the terms of this Lease, or arising from any act or negligence of Lessee or Lessee's agents, contractors, or any officer, agent, employee, guest or invitee of Lesseeemployees, and from and against all costs, attorneys' fees reasonable attorney's fees, expenses, and liabilities incurred in connection with the defense of any such claim or any action or proceeding brought thereon. In the event any action or proceeding is brought against Lessor by reason of any such claim, Lessee, upon notice from Lessor, 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 upon, or about the Premises, Premises arising from any cause other than excepting the acts or omissions of Lessor's gross negligence or intentional misconduct, its employees, agents, and contracts, 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.

Appears in 1 contract

Samples: Lease Agreement (Western Goldfields Inc)

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