Common use of Liability & Indemnity Clause in Contracts

Liability & Indemnity. 18.1 In addition to the indemnification obligations stated elsewhere herein, Lessee hereby releases Lessor, assumes responsibility for and shall defend, indemnify and hold Lessor harmless from and against all losses, damages, claims, fines, costs (including attorneys' fees) and expenses arising from or relating to: (a) any breach of this Lease by Lessee, (b) any violation by Lessee of any law, rule, regulation, order, notice, ordinance or any other requirement of a public or governmental authority, including Lessee's failure to obtain any necessary approval, consent or permit, (c) any damage (including environmental damage) to the Premises, improvements or other property, (d) any bodily injury, including death, of any person, including, without limitation, the agents, employees, contractors, licensees, permittees and invitees of Lessor or Lessee and trespassers, which occurs on the Premises or relates to any action or omission on the Premises, and (e) any liability arising from or relating to the condition of the Premises, or Lessee's use or occupancy thereof or placement or use of any improvements thereon, whether caused by the fault, failure or negligence of Lessee, Lessor or otherwise. 18.2 Lessee agrees it shall not have and hereby completely and absolutely waives its right to any claim against Lessor for damages or any other legal or equitable relief on account of any deficiencies in Lessor's title to the Premises. Lessee shall indemnify and hold Lessor harmless from and against all claims, litigation and damages for trespass, slander of title, overburden of easement, or other claims arising out of or based upon Lessee's use or occupancy of the Premises or any placement or use of any improvements thereon. 18.3 Nothing contained herein shall amend, alter, modify, abridge or affect the provisions of the Base Agreement relating to indemnification or the allocation of liability. 18.4 The provisions of this Article 18 shall survive the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Right of Way Operating Agreement (Pathnet Telecommunications Inc), Right of Way Operating Agreement (Pathnet Telecommunications Inc), Right of Way Operating Agreement (Pathnet Telecommunications Inc)

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Liability & Indemnity. 18.1 In addition to the indemnification obligations stated elsewhere herein, Lessee hereby releases Lessor, assumes responsibility for and shall defend, indemnify and hold Lessor harmless from and against all losses, damages, claims, fines, costs (including attorneys' fees) and expenses arising from or relating to: (a) Sublessee shall be liable for any breach injury to or death of this Lease persons and for any loss of or damage to property caused by Lessee, (b) any violation by Lessee the negligent or willful acts or omissions of any law, rule, regulation, order, notice, ordinance or any other requirement of a public or governmental authority, including Lessee's failure to obtain any necessary approval, consent or permit, (c) any damage (including environmental damage) to the Premises, improvements or other property, (d) any bodily injury, including death, of any person, including, without limitation, the its agents, employees, contractorsor invitees, licenseesor caused by Sublessee's failure to perform the maintenance, permittees repairs, and invitees replacements required to be performed by it under the provisions of Lessor Section 10 (Maintenance and Repairs) or Lessee and trespassers, which occurs on any other obligations it has under this Sublease or otherwise arising from its use or occupancy of the Subleased Premises or relates to from any action injury or omission on the Premises, and (e) damage or any liability other claim arising from or relating to the condition presence in any Common Areas by any of Sublessee's employees, agents, or invitees. Sublessee shall indemnify and save Sublessor harmless against any and all liabilities, claims, demands, actions, costs, and expenses which may be sustained by Sublessor by reason of any of the Premises, causes for which Sublessee is liable pursuant to this subsection (a). (b) Sublessor shall be liable for any injury to or Lessee's use death of persons and for any loss of or occupancy thereof or placement or use of any improvements thereon, whether damage to property caused by the faultnegligent or willful acts or omissions of its agents, employees, or invitees, or caused by Sublessor's failure or negligence to perform the maintenance, repairs, and replacements required to be performed by it under the provisions of Lessee, Lessor or otherwise. 18.2 Lessee agrees it shall not have Section 10 (Maintenance and hereby completely and absolutely waives its right to any claim against Lessor for damages Repairs) or any other legal or equitable relief on account of any deficiencies in Lessor's title to the Premisesobligation it has under this Sublease. Lessee Sublessor shall indemnify and hold Lessor save Sublessee harmless from against any and against all liabilities, claims, litigation demands, actions, costs, and damages for trespass, slander expenses which may be sustained by Sublessee by reason of title, overburden of easement, or other claims arising out of or based upon Lessee's use or occupancy any of the Premises or any placement or use of any improvements thereoncauses for which Sublessor is liable pursuant to this subsection (b). 18.3 Nothing contained herein shall amend, alter, modify, abridge or affect the provisions of the Base Agreement relating to indemnification or the allocation of liability. 18.4 (c) The provisions obligations of this Article 18 Section 16 shall survive the expiration or earlier termination of this LeaseSublease for any reason whatsoever with regard to events occurring during the term of this Sublease (or any extension thereof) arising from acts or omissions during the term of this Sublease (or any extension thereof).

Appears in 2 contracts

Samples: Sublease (Mastech Corp), Sublease (Mastech Corp)

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Liability & Indemnity. 18.1 In addition Subject to the indemnification obligations stated elsewhere hereinprovisions of the Parking License and except for any claims and liabilities which could have been asserted against Landlord if Landlord were not the owner of the Premises or if Landlord were not a party to this Lease, Lessee Tenant covenants and agrees that Landlord shall be free from liability and claim for damages by reason of any injury to any person or persons, including Tenant, or property of any kind whatsoever and to whomsoever while in, upon or in any way connected with the Premises during the term of this Lease or any extension hereof, or any occupancy hereunder, and Tenant hereby releases Lessoragrees to unconditionally indemnify, assumes responsibility for and shall defendprotect, indemnify defend and hold Lessor harmless Landlord, its Council members, officers, employees, volunteers and agents from any and against all claims, demands, losses, damages, claimsliabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, all cleanup actions of any kind, and all costs (including attorneys' fees) and expenses arising from or relating to: (a) any breach of this Lease by Lessee, (b) any violation by Lessee of any law, rule, regulation, order, notice, ordinance or any other requirement of a public or governmental authority, including Lessee's failure to obtain any necessary approval, consent or permit, (c) any damage (including environmental damage) to the Premises, improvements or other property, (d) any bodily injury, including death, of any personincurred in connection therewith, including, without limitation, the agentsreasonable attorneys’ fees and costs of defense, employeesarising, contractorsdirectly or indirectly, licenseesin whole or in part, permittees and invitees of Lessor or Lessee and trespasserstherefrom, which occurs on the Premises or relates to any action or omission on the Premises, and (e) any liability arising from or relating to the condition of the Premises, or Lessee's use or occupancy thereof or placement or use of any improvements thereon, whether unless caused by the faultsole and gross negligence or willful misconduct of Landlord, failure its agents, employees or negligence invitees or as a result of Lesseethe use by Landlord, Lessor or otherwise. 18.2 Lessee any of its sublicensees, of the Parking Facility subject to the Parking License. Landlord agrees it that Tenant shall not have and hereby completely and absolutely waives its the right to any claim against Lessor for damages or any other legal or equitable relief on account contest the validity of any deficiencies in Lessor's title to the Premises. Lessee shall indemnify and hold Lessor harmless from all such claims and against defend, settle and compromise any and all claims, litigation and damages for trespass, slander of title, overburden of easement, or other such claims arising out of or based upon Lessee's use or occupancy of the Premises or any placement or use of any improvements thereon. 18.3 Nothing contained herein kind or character and by whomsoever claimed, in the name of Landlord, as Tenant may deem necessary, provided that the expenses thereof shall amend, alter, modify, abridge or affect the provisions of the Base Agreement relating to indemnification or the allocation of liability. 18.4 be paid by Tenant. The provisions of this Article 18 section shall survive the expiration or earlier other termination of this LeaseLease for a period of one (1) year. Tenant expressly agrees and acknowledges that the obligations of Tenant under this Article 11 apply to any assignee of Tenant who becomes the Tenant under Section 15(a) below, subject to the provisions of Section 15(b) below.

Appears in 1 contract

Samples: Standard Office Lease (Limelight Networks, Inc.)

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