Common use of Liability Indemnification and Insurance Clause in Contracts

Liability Indemnification and Insurance. The Tenant, and it alone, shall be liable for all bodily and/or property damages that shall be caused, as well as for any tort that shall occur in the Demised Premises - all in connection with the possession of the Demised Premises and/or the use that shall be made thereof, all on condition that the damage was not caused willfully and/or intentionally by the Landlord and/or the management company and/or by someone acting on their behalf or as a result of their failure to act. The Tenant absolves the Landlord from any liability for damage to property found on the Demised Premises (its own property or that of others), as well as for all indirect or consequential damages (loss of profits, loss of goodwill, etc.) should any of these occur during the Lease Term - regardless of what was the cause that brought them on, and all on condition that the damage was not caused by a willful or intentional act by the Landlord and/or the management company and/or by someone acting on their behalf or as a result of their failure to act. The Landlord shall not bear any liability for bodily injury to the Tenant itself, to the employees of the Tenant, to its customers, visitors, invitees, or to any other person who arrived at the Building at the direction of the Tenant or for any purpose whatsoever connected with the Tenant, to the business and/or in the Demised Premises, and which shall be caused in the Demised Premises, during the Lease Term, except in those cases where the Landlord willfully and/or intentionally caused the damage. The liability of the Tenant to the Landlord and/or anyone acting on its behalf who is located on the Demised Premises shall not apply if their presence is unlawful. It should be emphasized that the liability of the Tenant pursuant to this section is solely and exclusively with regard to the net area of the Demised Premises, and shall not apply to the public areas included within the framework of this Lease (including bathrooms, stairs, elevators, Garage, lobby and the like), and in any event are not intended to derogate from the Landlord's liability under law. The Tenant shall indemnify the Landlord for any damage and/or claim and/or debt that the Landlord shall be required to pay in connection with damages the source of which is an act of negligence on the part of the Tenant that shall have occurred in the Demised Premises and/or in connection with and/or related to the possession of the Demised Premises and/or in connection with the use made thereof and for which the Tenant is liable therefore, as noted above, all immediately upon receipt of the first demand in writing from the Landlord, and on condition that a notice of damage and/or claim and/or debt as aforesaid is delivered to the Tenant immediately upon its receipt, and that the Tenant shall have the opportunity to defend against the same. Without derogating from the provisions of this Section 9, the provisions of the liability insurance and the indemnification are included in EXHIBIT C annexed hereto, and which constitute an integral part of this Lease.

Liability Indemnification and Insurance. The TenantLessee and only it, and it alone, shall will be liable responsible for all bodily any damage to body and/or property damages that shall which will be caused, as well as for caused and to any tort that shall wrong which will occur in at the Demised Premises - Leased Property – all in connection with the possession respect of the Demised Premises holding of the Leased Property and/or the use that shall which will be made thereofcarried out therein, all on condition that subject to the damage was not caused willfully having occurred maliciously and/or intentionally and/or negligently by the Landlord Lessor and/or the management company Management Company and/or by someone acting anyone on their behalf or as a result of their failure to actbehalf. The Tenant absolves Lessee releases the Landlord Lessor from any liability for damage to property found on the Demised Premises assets placed in the Leased Property (its own property assets or that those of others), as well as for all others – including a car brought into the Building's parking lot) and also to any indirect or consequential damages damage (loss of profits, loss of goodwill, goodwill etc.) should any of these occur if such is caused during the Term of the Lease Term - regardless of what was – whatever the cause that brought them onreason causing such is, and all on condition that subject to the damage was not caused by having occurred due to a willful malicious act or intentional act intentionally and/or negligently by the Landlord Lessor and/or the management company Management Company and/or by someone acting anyone on their behalf or as a result of their failure to actbehalf. The Landlord shall Lessor will not bear any liability for bodily injury harm to the Tenant Lessee itself, to the employees of the TenantLessee's employees, to its customersclients, visitors, invitees, invitees or to any other person who arrived at the Building at by the direction of the Tenant Lessee's order or for any purpose whatsoever connected with related to the TenantLessee, to the business and/or in the Demised Premises, Leased Property and which shall will be caused in the Demised PremisesLeased Property, the passage thereto or therefrom or in the Building or in its close vicinity, during the Term of the Lease Term, except for cases in those cases where which the Landlord willfully Lessor caused the damage maliciously and/or intentionally caused the damageand/or negligently. The liability of the Tenant to the Landlord and/or anyone acting on its behalf who is located on the Demised Premises shall not apply if their presence is unlawful. It should be emphasized that the liability of the Tenant pursuant to this section is solely and exclusively with regard to the net area of the Demised Premises, and shall not apply to the public areas included within the framework of this Lease (including bathrooms, stairs, elevators, Garage, lobby and the like), and in any event are not intended to derogate from the Landlord's liability under law. The Tenant shall Lessee will indemnify the Landlord Lessor and/or the Management Company for any damage and/or claim and/or debt that charge which the Landlord shall be required to pay Lessor and/or the Management Company will require the payment of in connection with damages the source respect of which is an damage originating in a negligent act of negligence on the part Lessee which will occur in the Leased Property and/or in respect of and/or deriving from the holding of the Tenant that shall have occurred in the Demised Premises Leased Property and/or in connection with and/or related to the possession respect of the Demised Premises and/or in connection with the use made thereof which will be done therein and for which the Tenant Lessee is liable therefore, responsible for as noted aboveaforesaid, all immediately upon the receipt of the Lessor's first demand in writing from writing. The Lessee's duty to indemnify the LandlordLessor and/or the Management Company as aforesaid, and on condition that a notice of damage is contingent upon the Lessor and/or claim and/or debt as aforesaid is delivered to the Tenant immediately upon its receipt, and that Management Company allowing the Tenant shall have the opportunity Lessee to defend against the sameclaim and/or demand as aforesaid, and in any case, the Lessee will not indemnify the Lessor and/or the Management Company in an amount exceeding the amount which it was charged to pay for damage under the liability of the Lessee according to this Agreement. Without derogating from the provisions of this Section 99 above, the provisions of the liability and indemnification insurance and the indemnification are included in EXHIBIT Annex C annexed hereto, and attached herein which constitute constitutes an integral part of this Leasehereof.

Liability Indemnification and Insurance. The Tenant, and it alone, Town shall be liable for any damages it causes to the facilities of Company and of Other customers attached to Poles and/or Structures, and the Town assumes all bodily responsibility for any and all loss from such damage caused by the Town or any of its agents, contractors, servants or employees. The Town shall make an immediate report to Company and any Joint Owners, Joint Users and/or property damages that other customers of the occurrence of any such damage and agrees to reimburse the respective parties for all costs incurred by Company, Joint Owners, Joint Users and/or other customers in making repairs to their respective facilities. Company shall be caused, as well as liable for any tort that damages it causes to the Facilities and Company assumes all responsibility for any and all loss from such damage caused by Company or any of its agents, contractors, servants or employees. Company shall occur make an immediate report to the Town of the occurrence of any such damage and agrees to reimburse the Town for all costs incurred in making repairs to the Demised Premises - Facilities. Except to the extent caused by the negligence of Company, the Town shall, to the full extent allowed by law and to the extent of the Town’s insurance coverage (under which Company shall be named an additional insured), and shall cause any party performing work in connection with this Agreement on behalf of the Town to, defend, indemnify and save harmless Company, its affiliates and their respective officers, directors, employees, agents, contractors, representatives, successors and assign, against and from any and all liabilities, claims, suits, fines, penalties, damages, losses, fees (including reasonable attorneys' fees), costs and expenses (including reasonable costs and expenses incurred to enforce this indemnity), (hereinafter “Claims”) arising from or in connection with the possession Town’s installation, operation, maintenance, or removal of Facilities and/or Attachments including, but not limited to, those Claims which may be imposed upon, incurred by or asserted against Company, by reason of: (a) Any work or action done upon the Poles or within Structures licensed hereunder or any part thereof performed by the Town or any of its agents, contractors, servants, or employees; (b) Any use, occupation, condition, operation of the Demised Premises Poles and/or the use that shall be made thereof, all on condition that the damage was not caused willfully and/or intentionally Structures or any part thereof by the Landlord and/or the management company and/or by someone acting on their behalf Town or as a result of their failure to act. The Tenant absolves the Landlord from any liability for damage to property found on the Demised Premises (its own property or that of others), as well as for all indirect or consequential damages (loss of profits, loss of goodwill, etc.) should any of these occur during the Lease Term - regardless of what was the cause that brought them onits agents, and all on condition that the damage was not caused by a willful or intentional act by the Landlord and/or the management company and/or by someone acting on their behalf or as a result of their failure to act. The Landlord shall not bear any liability for bodily injury to the Tenant itselfcontractors, to the employees of the Tenant, to its customers, visitors, inviteesservants, or to any other person who arrived at the Building at the direction of the Tenant employees; (c) Any act or for any purpose whatsoever connected with the Tenant, to the business and/or in the Demised Premises, and which shall be caused in the Demised Premises, during the Lease Term, except in those cases where the Landlord willfully and/or intentionally caused the damage. The liability of the Tenant to the Landlord and/or anyone acting on its behalf who is located on the Demised Premises shall not apply if their presence is unlawful. It should be emphasized that the liability of the Tenant pursuant to this section is solely and exclusively with regard to the net area of the Demised Premises, and shall not apply to the public areas included within the framework of this Lease (including bathrooms, stairs, elevators, Garage, lobby and the like), and in any event are not intended to derogate from the Landlord's liability under law. The Tenant shall indemnify the Landlord for any damage and/or claim and/or debt that the Landlord shall be required to pay in connection with damages the source of which is an act of negligence omission on the part of the Tenant that Town or any of its agents, contractors, servants, or employees, for which Company may be found liable; (d) Any accident, injury (including, but not limited to, death) or damage to any person or property occurring upon the Poles and/or within Structures or any part thereof or arising out of any use thereof by the Town or any of its agents, contractors, servants, or employees, except where such work is performed by Company; (e) Any failure on the part of the Town to perform or comply with any of the covenants, agreements, terms or conditions contained in this Agreement; (f) Any payments made under any Workers' Compensation Law or under any plan for employee disability and death benefits arising out of any use of the Poles or Structures by the Town or any of its agents, contractors, servants, employees, or; (g) By the installation, operation, maintenance, presence, use, occupancy or removal of the Town's Attachments by the Town or any of its agents, contractors, servants or employees or by their proximity to the facilities of other parties attached to Poles and/or Structures, including without limitation, taxes, special charges by others, and from and against all claims and demands for infringement of patents with respect to the manufacture, use, and operation of the Town's Attachments in combination with Poles or Structures, or otherwise. Except to the extent caused by the negligence of the Town, the Company shall, to the full extent allowed by law and to the extent of Company’s insurance coverage (under which the Town shall have occurred in the Demised Premises and/or be named an additional insured), cause any party performing work in connection with and/or related this Agreement on behalf of Company to, defend, indemnify and save harmless the Town, its affiliates and their respective officers, directors, employees, agents, contractors, representatives, successors and assign, against and from any and all liabilities, claims, suits, fines, penalties, damages, losses, fees (including reasonable attorneys' fees), costs and expenses (including reasonable costs and expenses incurred to the possession of the Demised Premises and/or enforce this indemnity), (hereinafter “Claims”) arising from or in connection with Company’s work including, but not limited to, those Claims which may be imposed upon, incurred by or asserted against the use made Town, by reason of: (a) Any work or action done upon the Poles or within Structures licensed hereunder or any part thereof and performed by Company or any of its agents, contractors, servants, or employees; (b) Any use, occupation, condition, operation of the Poles and/or Structures or any part thereof by Company or any of its agents, contractors, servants, or employees; (c) Any act or omission on the part of Company or any of its agents, contractors, servants, or employees, for which the Tenant Town may be found liable; (d) Any accident, injury (including, but not limited to, death) or damage to any person or property occurring upon the Poles and/or within Structures or any part thereof or arising out of any use thereof by Company or any of its agents, contractors, servants, or employees, except where such work is liable therefore, as noted above, all immediately upon receipt performed by Company; (e) Any failure on the part of Company to perform or comply with any of the first demand covenants, agreements, terms or conditions contained in writing from this Agreement; (f) Any payments made under any Workers' Compensation Law or under any plan for employee disability and death benefits arising out of any use of the LandlordPoles or Structures by Company or any of its agents, contractors, servants, employees, or; (g) By the installation, operation, maintenance, presence, use, occupancy or removal of Company’s poles or structures by Company or any of its agents, contractors, servants or employees or by their proximity to the Facilities, including without limitation, taxes, special charges by others, and on condition that a notice from and against all claims and demands for infringement of damage and/or claim and/or debt as aforesaid is delivered patents with respect to the Tenant immediately upon its receiptmanufacture, use, and operation of Company’s Poles or Structures, or otherwise. The Parties and the parties affiliates, and their respective officers, directors, employees, representatives and contractors shall not be liable to eachother for any indirect, consequential, punitive, incidental, special, or exemplary damages in connection with this Agreement, or the Attachments contemplated herein, including, without limitation, the condition, design, engineering, installation, maintenance, construction, location, operation of, or failure of operation of, the Facilities Poles or Structures, under any theory of law that is now or may in the Tenant shall have the opportunity to defend against the samefuture be in effect, including without limitation: contract, tort, R.I.G.L. § 6-13.1-1 et seq. Without derogating from the strict liability or negligence. The provisions of this Section 9Article 8 shall survive the expiration or earlier termination of this Agreement or any license issued under this Agreement. The parties shall, the provisions of the at their own sole cost and expense, obtain and keep in force comprehensive general liability insurance in terms and the indemnification are included amounts commercially reasonable (but not less than any applicable statutory or regulatory limit or cap on liability) covering any action arising in EXHIBIT C annexed hereto, and which constitute an integral part of connection with this LeaseAgreement.