Lessee's Indemnity. The Lessee, as more particularly provided for in Section 12.2, shall indemnify, defend (with counsel acceptable to the Lessor) and save the Lessor harmless against any liability, cost or expense of any kind, including, without limitation, attorneys' fees and expenses that may be imposed upon the Lessor in connection with any such contest and any loss resulting therefrom and in the enforcement of this indemnification.
Lessee's Indemnity. NO WARRANTIES BY LESSOR. Basic Rent is payable in the amount specified on the Rental Schedule. All payments of Basic Rent shall be made to lessor in good funds on the Payment Dates specified in the Rental Schedule. Basic Rent is net of , and Lessee agrees to pay, and will indemnify and hold Lessor and any assignee of Lessor harmless from and against, all costs (including, without limitation, maintenance, repair and insurance costs), claims (including claims of product liability or strict liability in tort), losses or liabilities relating to the Equipment or its use that are incurred by or asserted against Lessee, any permitted sublease of Lessee, Lessor or any assignee of Lessor and arising out of matters occurring prior to the return of the Equipment, except such cost, claims, losses, or liabilities resulting from the misconduct or negligence of Lessor. Lessee agrees to defend all claims through counsel acceptable to Lessor. The Rental Schedule is a triple net lease. Lessee's obligations are not subject to defense, counterclaim, set -off, abatement or recoupment, and Lessee waives all rights to terminate or surrender the Rental Schedule, for any reason, including, without limitation, defect in the Equipment or nonperformance by Lessor, PROVIDED, HOWEVER, that Lessee specifically retains the right to seek recourse against Lessor by way of separate action either at law or in equity in the event of nonperformance by Lessor under the Rental Schedule and this Master Lease Agreement as incorporated therein by reference. LESSOR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Lessor will assign to Lessee all manufacturer or vendor warranties and will cooperate with Lessee in asserting any claims under such warranties.
Lessee's Indemnity. Lessee does hereby hold harmless Lessors from and against any and all liability whatsoever arising out of, resulting from or in connection with Lessee's activities upon the property, whether property damage or personal injury. Property owners shall be held personally liable for any injury or death to Lessee’s livestock that can be proven to be directly attributable to said property owner’s actions.
Lessee's Indemnity. Lessee shall indemnify, defend and hold Lessor and all other Lessor Indemnitees harmless from and against any and all claims, damages, losses, liabilities, and costs and expenses (including reasonable attorneys’ fees and costs) arising from or relating to in any manner, directly or indirectly, in whole or in part: (a) any failure by Lessee to timely and properly perform each of its obligations under this Lease; (b) any acts or omissions of Lessee, any Affiliate of Lessee, or any officers, directors, members, employees, guests, invitees, agents or contractors of any of them, or any Hotel Employees, on or relating to the Premises; (c) the financing, design, construction, marketing, operation, management, use, occupancy, maintenance, repair, remediation, renovation and improvement of the Premises, or any part thereof, at any time during the Term or any holdover period (including the design, construction, maintenance and repair of any Improvements or Alterations, and any liability to any federal, state or local governmental authority relating thereto); (d) other than during the Transition Period, any act or omission of the Operator or any Food and Beverage Operator relating to the operation or management of the Hotel or any food and beverage operations at the Hotel, or of any Hotel Employee while on the Premises or otherwise engaged in the performance of such employee’s duties, or any employee of any independent contractor working at or performing services for the Hotel, including any parking operator or parking management company; and (e) any accident occurring or other circumstance or condition existing on or about the Premises at any time during the Term or any holdover period due to any cause whatsoever. The foregoing shall not require Lessee to indemnify, defend, protect or hold harmless Lessor or any Lessor Indemnitee to the extent of any claims, damages, losses, liabilities, and costs and expenses that arise from the gross negligence or willful misconduct of Lessor or any Lessor Representatives, except to the extent that such claims, damages, losses, liabilities, and costs and expenses are covered by any insurance required to be carried by Lessee pursuant to this Section 10. Lessee shall promptly assume its defense and indemnification obligations upon written notice from any Lessor Indemnitee. Any Lessor Indemnitee may also participate in the defense of any such claim at its own expense, unless such participation is required because of Lessee’s failure ...
Lessee's Indemnity. To the fullest extent permitted by law, Lessee agrees to indemnify Lessor and its officials, officers, employees and agents (“Lessor Indemnified Parties”) against and to hold the Lessor Indemnified Parties harmless from any and all damages of any nature suffered by owners of adjacent properties by reason of any activity or non-activity of Lessee on the Demised Premises and to protect the land and improvements of adjoining owners in and about said construction and Improvements of said Demised Premises. To the fullest extent permitted by law, Lessee agrees to indemnify, defend and hold harmless the Lessor Indemnified Parties for, from and against any and all losses, damages, costs, liabilities, fees (including, without limitation, reasonable attorneys' fees and expenses), and expenses (hereinafter collectively referred to as the "Indemnified Costs") which the Lessor Indemnified Parties may ever suffer, sustain or incur arising, directly or indirectly, out of any act or failure of the Lessee or its officials, officers, employees or agents to keep, observe or perform any of its duties, liabilities or covenants contemplated by the terms and provisions of this Lease on the Lessee's part to be kept or performed, including, without limitation, any Indemnified Costs arising in connection with the construction of the Improvements or the use or occupancy of the Demised Premises by the Lessee. All such actions shall be defended by the Lessee, at its sole cost and expense, with competent and experienced counsel selected by the Lessee and approved in writing by the Lessor, which approval shall not be unreasonably withheld.
Lessee's Indemnity. Lessee, for itself, its successors and assigns, hereby agrees to defend, indemnify, hold harmless and reimburse Lessor, its successors and assigns, and any Fee Mortgagee from, against and for any and all damages, claims, demands, liabilities, losses, penalties and expenses (including, without limitation, court costs and reasonable attorneys' fees), including, without limitation, any diminution in the value of the Premises, which are in any manner caused in whole or in part by the presence of any Hazardous Materials on or about the Premises or the failure of Lessee or any subtenant, agent, employee or contractor of Lessee or the Premises to comply with any Environmental Requirements, whether or not the same are known to or caused by Lessee and whether the same occur during the term of this Lease, any time prior to the term of this Lease or, with respect to any occurrence or condition on or about the Premises which is caused by any condition, act or omission prior to the expiration of this Lease, which is discovered after the term of the Lease. This indemnity shall survive the termination, expiration or forfeiture of this Lease.
Lessee's Indemnity. Throughout the rental term under any Equipment Schedule and until the Equipment hereunder has been effectively re-delivered to Lessor, Lessee shall be solely responsible for any loss, damage or injury to any party occasioned by the use or possession of the Equipment or in any way relating to the Equipment. Lessee shall indemnify and keep Lessor indemnified against all claims or proceedings made or brought against Lessor, and all damages, losses, costs, charges and expenses incurred by Lessor by reason of such claims or proceedings arising out of the state, condition, presence or use of the Equipment or in any way relating to the Equipment or arising out of the renting of the Equipment hereunder provided that nothing in this clause shall restrict or exclude Lessor's liability in respect of or shall entitle Lessor to be indemnified by Lessee against any claims or proceedings in respect of any injury, death, loss or damages caused by or resulting from the willful default or gross negligence of Lessor.
Lessee's Indemnity. To the fullest extent permitted by law, Lessee shall defend, indemnify and hold harmless Lessor, its agents and any and all affiliates of Lessor, including, without limitation, its members, co-venturers, corporations or other entities controlling, controlled by or under common control with Lessor, from and against any and all claims or liabilities arising either before or after the Commencement Date from Lessee's use or occupancy of the Premises, the Building, or from the conduct of its business, or from any activity, work or thing done, permitted or suffered by Lessee or its agents, employees, invitees or licensees in or about the Premises, the Building, or from any default in the performance of any obligation on Lessee's part to be performed under this Lease, or from any act or negligence of Lessee or its agents, employees, visitors, patrons, guests, invitees or licensees. In case Lessor, its agent or affiliates are made a party to any litigation commenced by or against Lessee (relating to Lessee's use and occupancy xx Xxemises), then Lessee shall protect and hold Lessor harmless and shall pay all costs, expenses and attorneys' fees incurred or paid by Lessor in connection with the litigation. Lessor may, at its option, require Lessee to assume Lessor's defense in any acxxxx xovered by this Section through counsel satisfactory to Lessor.
Lessee's Indemnity. Except to the extent that liabilities arise from Lessor's or its employees', agents', contractors' or subcontractors' gross negligence or willful misconduct, Lessee agrees to indemnify, defend, protect and hold harmless the Lessor Parties from and against and hold the Lessor Parties harmless and free from any and all Claims, including, without limitation, any and all liability for injury to or death of, or damage to or loss of the use of the property of, Lessee or any of Lessee's employees, agents, invitees, contractors, or licensees. The obligations of Lessee pursuant to this Section 6.1 with respect to Claims arising while this Lease is in effect shall survive the termination of this Lease for a period of thirty-six (36) months. The obligations of Lessee pursuant to this Section 6.1 are in addition to, and not in limitation or substitution of, Lessee's obligations under Section 4.3.
Lessee's Indemnity. In addition to, and without limiting the generality of, Lessee’s indemnity under Section 7.4, Lessee, for itself and its representatives and successors and assigns, agrees to defend, indemnify, and hold Lessor Indemnitees harmless against any and all liabilities, losses, foreseeable and unforeseeable consequential damages, obligations, liens, indebtedness, accounts, actions, causes of action, costs, fees of attorneys, consultants and experts and other expenses of any nature whatsoever which the Lessor Indemnitees may sustain, suffer or incur or which may be claimed or asserted against any of the Lessor Indemnitees, on account of any grounds whatsoever in law or in equity, by reason of, or in consequence of, any claim of any nature, including without limitation, any suit, administrative proceeding, citation, remediation demand, or judgments by any person or entity whether private, administrative or governmental, arising out of the spillage, release, discharge, disposal, or placement of any Hazardous Substance in, on, upon or about the soil or water in, on, under or about the Premises or arising out of the access, use, occupancy, or possession of the Premises by Lessee or any representive or invitee of Lessee.
