Common use of Lessee's Indemnity Clause in Contracts

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. To the fullest extent permitted by law, (A) 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 shall indemnify, defend and hold harmless Lessor, the Lessor Indemnified Parties formanager of the property, and their respective officers, directors, beneficiaries, shareholders, partners, agents and employees, from all fines, suits, procedures, claims and against any actions of every kind, and all losses, damages, costs, liabilities, fees costs associated therewith (including, without limitation, reasonable attorneys' fees including attorney's and expenses), and expenses (hereinafter collectively referred to as the "Indemnified Costs"consultant's fees) which the Lessor Indemnified Parties may ever suffer, sustain or incur arising, directly or indirectly, arising out of or in any act way connected with any deposit, spill, discharge or failure other release of Hazardous Substances that occurs during 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 term of this Lease on lease, at or from the Premises, or which arises at any time from 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, or from Lessee's failure to provide all information, make all submissions, and take all steps required by all Authorities under the Laws and all other environmental laws. (B) Lessor’s Representations Regarding Hazardous Substances. Lessor hereby represents and warrants that to the best of Lessor’s knowledge no “Hazardous Substances”, as defined hereinabove, have been discharged, dispersed, released, stored, treated, generated, disposed of, or allowed to escape on the Premises by or Nonexclusive Premises nor shall Lessor, its employees or agents allow or cause any Hazardous Substances to be discharged, dispersed, released, stored, treated, generated, disposed of, or allowed to escape on the LesseePremises or Nonexclusive Premises. All such actions shall be defended by the LesseeThe Lessor shall, at its sole cost and expense, with competent and experienced counsel selected by take all necessary remedial action(s) in response to the Lessee and approved in writing presence of any Hazardous Substances in, on, under or about the Premises or Nonexclusive Premises that were discharged, dispersed, released, stored, treated, generated or disposed of, or allowed to escape on the Premises or Nonexclusive Premises (i) prior to the commencement of this lease or (ii) by the Lessor, which approval its employees, agents or invitees. The Lessor shall not be unreasonably withheldsolely responsible for, and shall indemnify and hold harmless the Lessee, its officers, directors, beneficiaries, shareholders, partners, agents, employees, successors and assigns from and against all fines, suits, procedures, claims and actions of every kind, and all costs associated therewith (including attorney’s and consultant’s fees), arising out of or in any way connected with any use, generation, storage, release, threatened release, discharge, disposal, or presence of Hazardous Substances in, on, under or about the Premises or Nonexclusive Premises prior to the commencement of this lease, or at any time by the Lessor, its employees or agents, or from Lessor’s failure to provide all information, make all submissions, and take all steps required by all Authorities under the laws and all other environmental laws. (C) Lessor’s and Lessee's obligations and liabilities under the above subsections (A) and (B) shall survive the expiration or termination of this lease.

Lessee's Indemnity. To Subject to the fullest extent permitted by lawlimitations set forth in Section 11.3, Lessee agrees to indemnify hereby indemnifies, defends, and holds harmless Lessor and its officials, officers, employees and agents (“Lessor Indemnified Parties”) against and to hold the all other 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 lossesLosses to the extent arising from or in connection with (a) the use or occupancy by Lessee or Lessee’s Agents at or of the Property, damagesthe Common Areas, coststhe Shared Facilities or the Leased Premises or the conduct of Lessee Business or any other business therein, liabilitiesor any Lessee Alterations, fees Site Removal, Remediation and Restoration Work or any other work done, or any condition created by, any or all of Lessee and Lessee’s Agents in, on, under or about the Leased Premises; (b) any act, omission or negligence of any or all of Lessee and Lessee’s Agents; (c) any accident, injury or damage whatsoever (except to the extent caused by the negligence or intentional misconduct by any Lessor Indemnified Party) occurring in, at or upon the Property, the Common Areas, the Shared Facilities or the Leased Premises relating to Lessee’s rights and activities under this Lease; (d) any breach by Lessee of any of its warranties, representations, covenants or obligations under this Land Lease; (e) any violation by any or all of Lessee and Lessee’s Agents of any Applicable Laws and Other Requirements including, without limitation, reasonable attorneys' fees and expensesany Environmental Laws or Environmental Permit or other Permits (other than any obligation of Lessor for such compliance under the terms of this Land Lease); (f) any claims for work, and expenses labor, services performed or materials or supplies furnished (hereinafter collectively referred or alleged to as be furnished) to or at the "Indemnified Costs") which the Lessor Indemnified Parties may ever suffer, sustain or incur arising, directly or indirectly, out request of any act or failure all of Lessee and Lessee’s Agents; (g) any Environmental Liability to the extent arising from any Lessee Environmental Conditions and Lessee’s Share and Lessee’s obligations or its officialsresponsibilities of or for all Combined Environmental Conditions, officers, employees including as Lead Party; (h) any and all other Environmental Liabilities for which Lessee is responsible under this Land Lease; or agents to keep, observe (i) any delay by Lessee in vacating or perform any of its duties, liabilities or covenants contemplated by surrendering the Leased Premises in accordance with the terms and provisions of this Lease on the Lessee's part to be kept or performedLand Lease, including, without limitation, any claims made or asserted against Lessor by any (A) succeeding buyer or transferee, or (B) succeeding lessee or tenant (including any lessee or intended occupant which may be an Affiliate or subsidiary of Lessor) or Losses incurred by Lessor due to lost opportunities to sell, transfer or lease to succeeding buyers, transferees, lessees or tenants (collectively, “Lessee’s Indemnified Costs arising in connection with the construction Matters”). In case any action or proceeding is brought against any Lessor Indemnified Party by reason of the Improvements or the use or occupancy any of the Demised Premises by the Lessee. All such actions shall be defended by the ’s Indemnified Matters, Lessee, upon written notice from Lessor, shall resist and defend such action or proceeding by counsel reasonably satisfactory to, or selected by, Lessor. Lessor shall have the right to fully participate in such defense with counsel retained by Lessor at its sole cost and expense. Lessee shall not settle or compromise, with competent and experienced counsel selected by the Lessee and approved in writing by the or admit any liability in, any such action or proceeding without Lessor’s prior written consent, which approval shall not be unreasonably withheldwithheld (subject to the provisions of Article 9). Without limiting the foregoing, Lessor hereby irrevocably, absolutely and unconditionally releases, remises and discharges Lessee and all Lessee Indemnified Parties from all Lessee Environmental Conditions. The provisions of this Section 11.1 shall survive the expiration or termination of this Land Lease.

Lessee's Indemnity. To Lessee shall indemnify, defend and hold harmless Lessor, its, tenants, and successors and assigns and their respective Affiliates (as defined in the fullest extent permitted by lawPPA), Lessee agrees to indemnify Lessor and its officialsdirectors, officers, employees employees, and agents and the heirs, executors, successors, and permitted assigns of any of the foregoing (collectively, “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 lossesliabilities, obligations, damages, penalties, claims, liens, costs, liabilitiescharges, fees (including, without limitation, reasonable attorneys' fees and expenses), losses and expenses (hereinafter collectively referred to as the "Indemnified Costs"including reasonable attorneys’ fees and costs) which (collectively, “Losses”) incurred by the Lessor Indemnified Parties may ever suffer, sustain to the extent arising from or incur arising, directly or indirectly, out of the following: (a) any act injury to or failure death of any person or loss or damage to real or personal property of any person or entity, to the extent arising out of Lessee’s negligence or willful misconduct, including without limitation, the actions or omissions of Lessee’s onsite employees and/or contractors, subcontractors, agents or invitees; (b) any infringement of patents or the improper use of other proprietary rights by 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 representatives that may occur in connection with the construction performance of its obligations under this Lease, the PPA and/or the ownership and use of the Improvements System; (c) a material breach of Lessee’s warranties, representations or covenants under this Agreement or the use PPA; or occupancy (d) Regulated Substances released by Lessee Indemnified Parties at the Site or being used or exacerbated by Lessee Indemnified Parties in any manner that is not in accordance with Environmental Laws. Lessee shall not, however, be required to reimburse or indemnify any Lessor Indemnified Party for any Losses to the extent such Losses are due to the negligence or willful misconduct of the Demised Premises by the Lesseeany Lessor Indemnified Party. 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 withheldliable or obligated to Lessor for incidental or special damages (including lost profits), however caused, based on any theory of liability.