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.

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.

Liability Insurance and Indemnification. Lessor Tenant shall not procure and maintain in full force, at its expense, during the term of this Lease, and any extension thereof for the benefit of Tenant and Landlord, general or public liability insurance which shall be liable adequate to Lessee or to any other person or persons protect against liability for any damage to property or injury to persons occurring upon the Demised Premises from any cause whatsoever, including, but not limited to, act claims through public use 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 any accident occurring in or around the Leased Premises, in a minimum amount of $1,000,000.00 for each person injured, $1,000,000.00 for any connected wit one accident, and $250,000.00 for property damage. Landlord shall be the primary insured or an additional named insured in such policy and Tenant shall furnish Landlord with a Certificate of Insurance with reference to same. Landlord agrees to reasonably cooperate with Tenant in obtaining such insurance policy. This requirement shall be satisfied by an existing policy naming the Landlord as an additional insured, and providing the coverage required herein. Anything in this Lease to the contrary notwithstanding, and without limiting the Tenant’s obligation to provide insurance, the Tenant covenants and agrees that it will indemnify, defend, and save harmless the Landlord against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable attorney’s fees, which may be imposed upon or incurred by Landlord by reason of any act or omission of the Lesseefollowing occurring during the term of this Lease: (a) Any matter, cause or thing arising out of Tenant’s use or occupancy, of the Leased Premises and 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 part thereof; (b) Any negligence on the part of the Lessee to be kept and performed resulting in loss Tenant or any of life its agents, contractors, servants, employees, licensees or injury invitees; (c) Any accident, injury, damage 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 Lessorproperty occurring in, or in which about the Lessor may be impleaded Leased Premises caused by Tenant or joined with othersany of its agents, and shall satisfycontractors, pay and discharge any and all judgmentsservants, orders and decrees that may be recovered against Lessee employees, licensees or Lessor in any such action or proceedings. Nothing contained herein shall be deemed to constitute a waiver of sovereign immunity invitees; (d) Any failure on the part of Lessor Tenant to perform or comply with any of the covenants, agreements, terms or conditions contained in this Lease on its part to affectbe performed or complied with; Lease Agreement (e) Failure to pay or remit to Landlord applicable sales tax on payments made or required to be made under this Lease on which sales tax is due. Tenant shall promptly notify Landlord of any such claim asserted against it and shall, limit within five days, deliver to Landlord copies of all papers or reduce legal process served upon it in connection with any action or proceeding brought against Tenant by reason of any such claim. The foregoing shall not include indemnity by Tenant for any damage or injury occasioned by the protection afforded Lessor under negligence of the provisions of Section 768.28Landlord, Florida Statutesits agents, servants, or employees. Landlord shall promptly notify Tenant of any such claim asserted against it and shall promptly send to protect Lessee from liability for Tenant copies of all papers or legal process served upon it in connection with any deliberate willful action or malicious act proceeding brought against Landlord by reason of Lesseeany such claim.

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.