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.
Appears in 2 contracts
Samples: Global Master Rental Agreement (Virata Corp), Global Master Rental Agreement (Virata Corp)
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 wilful default or gross negligence of Lessor.
Appears in 2 contracts
Samples: Global Master Rental Agreement (Continuus Software Corp /Ca), Global Master Rental Agreement (Worldport Communications Inc)