Common use of Liability Insurance and Indemnification Clause in Contracts

Liability Insurance and Indemnification. Lessor shall not be liable to Lessee or to any other person or persons for any damage to property or injury to persons occurring upon the Demised Premises from any cause whatsoever, including, but not limited to, act of God, fire, water, defects in the Demised Premises or otherwise. Lessee shall indemnify and hold Lessor harmless from and against any and all liabilities, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and causes of action of any and every kind and nature arising or growing out of or in any way connected with Lessee’s use, occupancy, management, maintenance or control of the Demised Premises or any portion thereof, or arising out of or in any connected wit any act or omission of the Lessee, or any of Lessee’s invitees, licensees, agents or representatives and their respective successors and assigns, or anyone claiming by, through, under or against Lessee, or resulting from any breach, violation or nonperformance of any covenant, condition or agreement herein contained on the part of the Lessee to be kept and performed resulting in loss of life or injury to any person or persons or damage to any property. Lessee shall pay the expense of Lessor’s defense of any and all actions, suits or proceedings which may be brought against Lessor, or in which the Lessor may be impleaded or joined with others, and shall satisfy, pay and discharge any and all judgments, orders and decrees that may be recovered against Lessee or Lessor in any such action or proceedings. Nothing contained herein shall be deemed to constitute a waiver of sovereign immunity on the part of Lessor or to affect, limit or reduce the protection afforded Lessor under the provisions of Section 768.28, Florida Statutes, or to protect Lessee from liability for any deliberate willful or malicious act of Lessee.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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Liability Insurance and Indemnification. Lessor Landlord shall not be liable to Lessee Tenant or to any other person or persons for any damage to property or injury to persons occurring upon the Demised Premises demised premises from any cause whatsoeverwhatever, including, but not limited to, act of God, fire, water, defects in the Demised Premises demised premises or otherwise, except for such damage or injury as is caused by a breach of Landlord's agreement in paragraph 8, above, to maintain portions of the premises. Lessee "Demised premises" shall mean the entire property leased by Tenant, including all improvements thereon and the common areas. Tenant shall indemnify and hold Lessor harmless Landlord from and against any and all liabilities, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and causes of action of any and every kind and nature (collectively "Claims") arising or growing out of or in any way connected with Lessee’s Tenant's use, occupancy, management, maintenance management or control of the Demised Premises demised premises or any portion thereof, provided such Claims do not result from a breach of Landlord's agreement in paragraph 8, above, to maintain portions of the premises, or arising out of or in any way connected wit with any act or omission of the LesseeTenant, or any of Lessee’s inviteesTenant's subtenants, licensees, agents or representatives and their respective successors and assigns, assigns or anyone claiming by, through, under or against LesseeTenant, or resulting from any breach, violation or nonperformance of any covenant, condition or agreement herein contained on the part of the Lessee Tenant to be kept and performed resulting in loss of life or injury to any person or persons or damage to any property. Lessee Tenant shall pay the expense of Lessor’s defense of defend any and all actions, suits or proceedings which may be brought against LessorLandlord, or in which the Lessor Landlord may be impleaded or joined with others, others and shall satisfy, pay and discharge any and all judgments, orders and decrees that may be recovered against Lessee Tenant or Lessor Landlord in any such action or proceedings, unless such action, suit or proceeding relates exclusively to a breach of Landlord's agreement in paragraph 8, above, to maintain portions of the premises. Nothing contained herein In addition to the foregoing, Tenant shall carry and pay for general liability insurance fully protecting and insuring Landlord and Tenant from and against any liability, claim, loss, damage or expense arising out of any of the foregoing with limits in an amount not less than $1,000,000 for injury to or death of any one person, $2,000,000 for injury to or death of any number of people arising out of any one occurrence and $250,000 for damage to property. Said liability insurance shall be deemed carried in a solvent reputable insurance company authorized to constitute do business in the State of Florida and approved by Landlord. Tenant shall furnish a waiver certificate showing said insurance to be in full force and effect upon request of sovereign immunity on the part of Lessor or to affect, limit or reduce the protection afforded Lessor under the provisions of Section 768.28, Florida Statutes, or to protect Lessee from liability for any deliberate willful or malicious act of LesseeLandlord.

Appears in 2 contracts

Samples: Lease (Invisa Inc), Lease (Invisa Inc)

Liability Insurance and Indemnification. Lessor shall not be liable to Lessee or to any other person or persons for any damage to property or injury to persons occurring upon the Demised Premises demised premises from any cause whatsoever, causes including, but not limited to, act of God, fire, water, defects water or any defect or occurrence arising from or in any way related to Lessee's use of the Demised Premises or otherwisepremises. Lessee shall indemnify and hold harmless Lessor harmless from and against any and all liabilities, claims, demands, damages, expenses, fees, finesfinds, penalties, suits, proceedings, actions and causes of action of any and every kind and nature arising or growing out of or in any way connected with Lessee’s 's use, occupancy, management, maintenance management or control of the Demised Premises demised premises or any portion thereof, or arising out of or in any way connected wit with any act or omission of the Lessee, or any of Lessee’s invitees's sublessees, licensees, agents or representatives and their respective successors and assigns, assigns or anyone claiming by, through, under or against Lessee, or resulting from any breach, violation or nonperformance of any covenant, condition or agreement herein contained on the part of the Lessee to be kept and performed resulting in loss of life or injury to any person or persons or damage to any property. Lessee shall pay the expense of Lessor’s defense of defend any and all actions, suits or proceedings which may be brought against Lessor, or in which the Lessor may be impleaded or joined with others, others and shall satisfy, pay and discharge any and all judgments, orders and decrees that may be recovered against Lessee or Lessor in any such action or proceedings. Nothing contained herein In addition to the foregoing, Lessee shall carry and pay for general liability insurance fully protecting and insuring Lessor and Lessee, and naming Lessor as an additional insured, from and against any liability, claim, loss, damage or expense arising out of any of the foregoing with limits in an amount not less than $1,000,000 combined single limit coverage for all property damage and bodily injury. Said liability insurance shall be deemed carried in a solvent reputable insurance company authorized to constitute do business in the State of Florida and approved by Lessor. Lessee annually shall furnish a waiver certificate showing said insurance to be in full force and effect upon request of sovereign immunity on the part of Lessor or to affect, limit or reduce the protection afforded Lessor under the provisions of Section 768.28, Florida Statutes, or to protect Lessee from liability for any deliberate willful or malicious act of LesseeLessor.

Appears in 1 contract

Samples: Surgical Safety Products Inc

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Liability Insurance and Indemnification. Lessor The School Board shall not be liable to Lessee Ringling or to any other person or persons for any damage to property or injury to persons occurring upon the Demised Premises from any cause whatsoever, including, but not limited to, act of God, fire, water, defects in the Demised Premises or otherwise. Lessee Ringling shall indemnify and hold Lessor the School Board harmless from and against any and all liabilities, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and causes of action of any and every kind and nature arising or growing out of or in any way connected with Lessee’s Ringling's use, occupancy, management, maintenance or control of the Demised Premises or any portion thereof, or arising out of or in any way connected wit with any act or omission of the LesseeRingling, or any of Lessee’s Ringling's invitees, sublessees, licensees, agents or representatives and their respective successors and assigns, or anyone claiming by, through, under or against LesseeRingling, or resulting from any breach, violation or nonperformance of any covenant, condition or agreement herein contained on the part of the Lessee to be kept and performed resulting in loss of life or injury to any person or persons or damage to any property. Lessee Ringling shall pay the expense of Lessor’s the School Board's defense of any and all actions, suits or proceedings which may be brought against Lessorthe School Board, or in which the Lessor School Board may be impleaded or joined with others, and shall satisfy, pay and discharge any and all judgments, orders and decrees that may be recovered against Lessee Ringling or Lessor the School Board in any such action or proceedings. In the event that legal action is brought against the School Board by a third party and the subject of which is the Demised Premises, the School Board will provide Ringling with timely and adequate notice, and will provide to Ringling any information that is reasonably pertinent to such action. Nothing contained herein shall be deemed to constitute a waiver of sovereign immunity on the part of Lessor the School Board or to affect, limit or reduce the protection afforded Lessor the School Board under the provisions of Section 768.28, Florida Statutes, or to protect Lessee Ringling from liability for any deliberate willful or malicious act of LesseeRingling.

Appears in 1 contract

Samples: Lease Agreement

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