Lessor’s Indemnity. Lessor agrees to indemnify, defend (with counsel satisfactory to Lessee) and hold Lessee and its officers, employees, contractors, and agents harmless from any claims, judgments, damages, penalties, fines, expenses, liabilities or losses arising during or after the lease term out of or in any way relating to a breach of the environmental warranties made by Lessor above or to the presence, release or disposal of Toxic or Hazardous Substances on or from the Demised Premises except where such presence, release or disposal results from any act or omission of Lessee during its occupancy of the Demised Premises. Such indemnity shall include, without limitation, costs incurred in connection with:
Lessor’s Indemnity. 5.09. Lessor expressly agrees to indemnify, protect, defend and hold Lessee harmless from all claims arising from any breach or default in the performance of any obligation to be performed by Lessor under the terms of this Lease and from and against all costs, loss, damage, legal expenses and liabilities incurred in connection with such claim or any action or proceeding brought thereon. Notwithstanding anything to the contrary herein, any claim for indemnity brought by the Lessee under this provision shall be limited to Lessor’s interest in the Premises, and Lessee shall not have recourse to any other assets of Lessor or to the assets of any partner of Lessor for such claim.
Lessor’s Indemnity. To the extent permitted by applicable law but solely from Xxxxxx's legally available funds, the Lessee hereby agrees to protect, indemnify, pay and save Lessor and Trustee, as assignee of Lessor, harmless from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable attorneys' fees and expenses) that Lessor or the Trustee may, other than as a result of the gross negligence or willful misconduct of Lessor or the Trustee, incur or be subject to as a consequence, direct or indirect, of (i) the execution hereof and the performance of the Lessor's or the Trustee’s obligations hereof, (ii) any breach by any party of any representation or warranty, covenant, term or condition in, or the occurrence of any default under, the Indenture or this Lease, including all reasonable fees or expenses resulting from the settlement or defense of any claims or liabilities arising as a result of any such breach or default, (iii) the involvement in any legal suit, investigation, proceeding, inquiry or action as to which the Lessor or the Trustee is involved as a consequence, direct or indirect, of its execution hereof and the performance of the Lessor's or the Trustee’s obligations hereunder. ARTICLE {^} IV {^} TERMINATION
Lessor’s Indemnity. To the fullest extent permitted by law, Lessor agrees to indemnify, defend and hold harmless the Lessee and its officials, officers, employees and agents (“Lessee Indemnified Parties”) for, from and against any Indemnified Costs which the Lessee Indemnified Parties may ever suffer, sustain or incur arising, directly or indirectly, out of any act or failure of the Lessor 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 Lessor's part to be kept or performed. All such actions shall be defended by the Lessor, at its sole cost and expense, with competent and experienced counsel selected by the Lessor and approved in writing by the Lessee, which approval shall not be unreasonably withheld.
Lessor’s Indemnity. Lessor agrees to protect, defend, indemnify and hold Lessee and harmless from and against any and all liability arising from the negligence or willful misconduct of Lessor, its assembly members, officers, employees, agents or contractors occurring at or in connection with the Premises or the Common Areas or in connection with the performance of Lessor’s obligations under this Facility Lease, and from any expense, including reasonable attorneys’ fees, incident to the defense of and by Lessee therefrom; provided, however, Lessee shall not be entitled to indemnification hereunder for any losses, liability or damages to the extent resulting or deriving from the negligence or willful misconduct of Lessee or its council members, officers, directors, employees, agents or contractors, or any default in the performance by Lessee of any of its obligations under this Facility Lease (including but not limited to the obligations of Lessee under Section 10.1 and/or Section 10.3 hereof), the APA or any other agreement or undertaking of Lessee, its assembly members, officers, employees, agents or contractors, for the benefit of Lessor in connection with any of the foregoing. If any action or proceeding is brought against Lessee with respect to which Lessee is entitled to indemnification hereunder, Lessee shall promptly notify Lessor in writing of such action or proceeding.
Lessor’s Indemnity. LESSOR shall defend and indemnify LESSEE: (i) for any liabilities claimed against LESSEE by third parties to the extent arising from LESSOR’s breach of its obligations under Sections 4(b), 10, 14, and 18 of the MSSA (ii) for any liabilities claimed against LESSEE by LESSOR employees providing Services for worker’s compensation obligations owed by LESSSOR to said LESSOR employees, and (iii) any liabilities arising from the LESSOR’s use, occupancy or operation of the Premises or Property prior to the Effective Date hereof.
Lessor’s Indemnity. Notwithstanding any other provision of this Lease, the Lessor shall indemnify the Lessee and save it harmless from all direct loss (excluding economic or consequential loss), claims, actions, damages, liability and expense in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever arising out of the negligence of the Lessor, or any breach of the Lessor's obligations under this Lease, or occasioned wholly or in part by any negligent act or omission of the Lessor or any one for whom the Lessor is responsible at law, except where expressly authorized by any other provision of this lease. If the Lessee shall, without fault on its part, be made a party to any litigation commenced by or against the Lessor, then the Lessor shall protect, indemnify and hold the Lessee harmless in connection with such litigation.
Lessor’s Indemnity. A. Lessee shall defend, indemnify and hold harmless Lessor, its agents, employees, and any and all affiliates of Lessor, including without limitation, any corporations or other entities controlling, controlled by or under common control with Lessor, from and against any and all claims or liabilities arising from Lessee's use or occupancy of the Plant, the Plant or the Common Facilities (as hereinafter defined) or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Lessee in or about the Plant and the Plant or Common Facilities arising from any breach or default in the performance of any obligation on Lessee's part to be performed hereunder, or arising from any act or negligence of Lessee, or of its agents, employees, visitors, patrons, guests, invitees or licensees, including vendors servicing Lessee, and for and against all costs, attorneys' fees, expenses and liabilities incurred or any actions or proceedings brought thereon. In case Lessor, its agents or affiliates shall be made a party to any litigation commenced by or against Lessor, then Lessee shall protect and hold Lessor harmless and shall pay all costs, expenses and reasonable attorneys' fees, legal expenses, expenses of discovery proceedings, travel and fees for expert witnesses incurred or paid by Lessor in connection with such litigation. Lessor may at its option, require Lessee to assume Lessor's defense in any action covered by this Paragraph through counsel satisfactory to Lessor.
Lessor’s Indemnity. Except as specifically set forth elsewhere in this Agreement to the contrary, Lessor agrees to indemnify, defend and hold Lessee harmless from and against any and all claims, damages, costs, expenses, causes of action or judgments of any kind or character arising out of, resulting from or with respect to the ownership or operation of the Subject Interests attributable to the period of time prior to the Effective Time, including but not limited to, those arising out of environmental matters during the term of this Lease Agreement.
Lessor’s Indemnity. Except to the extent caused by the negligence or willful misconduct of Lessee, its agents, employees, contractors, or invites, Lessor shall indemnify, protect, defend and hold harmless Lessee from any and all damages, liabilities, claims, judgements, actions, attorneys' fees, consultants' fees, cost and expenses arising from the negligence or willful misconduct of Lessor or its employees, agents, contractors or invites; any violation of Applicable Law; or the breach of Lessor's obligations or representations under this Lease.
