Common use of Liability of Parties Clause in Contracts

Liability of Parties. Except if and to the extent that such party is released from liability to the other party hereto pursuant to the provision of subsection 4.4. 4.5.1. the Landlord (a) shall be responsible for, and shall indemnify and hold harmless the Tenant against and from any and all liability arising out of, any injury to or death of any person or damage to any property, occurring anywhere upon the Property, if, only if and to the extent that such injury, death or damage is proximately caused by the grossly negligent or intentionally tortious act or omission of the Landlord or its agents, officers or employees, but (b) shall not be responsible for or be obligated to indemnify or hold harmless the Tenant against or from any liability for any such injury, death or damage occurring anywhere upon the Property (including the Premises), (i) by reason of the Tenant's occupancy or use of the Premises or any other portion of the Property, or (ii) because of fire, windstorm, act of God or other cause unless solely caused by such gross negligence or intentionally tortious act or omission of the Landlord, as aforesaid; and 4.5.2. subject to the operation and effect of the foregoing provisions of this subsection, the Tenant shall be responsible for, and shall defend, indemnify and hold harmless the Landlord against and from, any and all liability or claim of liability (including without limitation reasonable attorney's fees) arising out of any injury to or death of any person or damage to any property, occurring within the Premises, or, if caused by Tenant, its employees, agents or invitees, on the Property.

Liability of Parties. Except if and to the extent that such -------------------- party is released from liability to the other party hereto pursuant to the provision provisions of subsection 4.4. 4.5.1. the Landlord (a) shall be responsible for, and shall indemnify and hold harmless the Tenant against and from any and all liability arising out of, any injury to or death of any person or damage to any property, occurring anywhere upon the Property, if, only if and to the extent that such injury, death or damage is proximately caused by the grossly negligent or intentionally tortious act or omission of the Landlord or its agents, officers or employees, but (b) shall not be responsible for or be obligated to indemnify or hold harmless the Tenant against or from any liability for any such injury, death or damage occurring anywhere upon the Property (including the Premises), (i) by reason of for the Tenant's occupancy or use of the Premises or any other portion of the Property, or (ii) because of fire, windstorm, act of God or other cause unless solely proximately caused by such gross negligence negligent or intentionally tortious act or omission of the Landlord, as aforesaid; and 4.5.2. subject to the operation and effect of the foregoing provisions of this subsection, the Tenant shall be responsible for, and shall defend, indemnify and hold harmless the Landlord against and from, any and all liability or claim of liability (including without limitation reasonable attorney's fees) arising out of any injury to or death of any person or damage to any property, occurring within the Premises, or, if caused by Tenant, its employees, agents or invitees, on the Property.

Liability of Parties. Except if and to the extent that such party is released from liability to the other party hereto pursuant to the provision provisions of subsection 4.4.Subsection 11.4: 4.5.111.5.1. the Landlord (a) shall be responsible for, and shall indemnify and hold harmless the Tenant against and from any and all liability arising out of, of any injury to or death of any person or damage to any property, occurring anywhere upon the Property, if, only if and to the extent that such injury, death or damage is proximately caused by the grossly negligent gross negligence or intentionally tortious act or omission of the Landlord or its agents, officers or employees, but (b) shall not be responsible for or be obligated to indemnify or hold harmless the Tenant against or from any liability for any such injury, death or damage occurring anywhere upon the Property (including the Premises), (i) by reason of the Tenant's occupancy or use of the Premises or any other portion of the Property, or (ii) because of fire, windstorm, act of God or any other cause unless solely proximately caused by such gross negligence or intentionally tortious act or omission of the Landlordomission, as aforesaid; and 4.5.211.5.2. subject to the operation and effect of the foregoing provisions of this subsectionSubsection, the Tenant shall be responsible for, and shall defend, indemnify and hold harmless the Landlord against and from, any and all liability or claim of liability (including without limitation reasonable attorney's fees) arising out of any injury to or death of any person or damage to any property, occurring within the Premises, or, if caused by Tenant, its employees, agents or invitees, on the Property.

Liability of Parties. Except if and to the extent that such party is released from liability to the other party hereto pursuant to the provision provisions of subsection Subparagraph 4.4.: 4.5.1. the Landlord (a) shall be responsible for, and shall defend, indemnify and hold harmless the Tenant against and from any and all liability or claim of liability arising out of, of any injury to or death of any person or damage to any property, occurring anywhere upon the Property, if, only if and to the extent that such injury, death or damage is proximately caused by the grossly negligent or intentionally tortious act or omission of the Landlord or its agents, officers or employees, but (b) shall not be responsible for or be obligated to indemnify or hold harmless the Tenant against or from any liability for any such injury, death or damage occurring anywhere upon the Property (including the Premises), (i) by reason of the Tenant's occupancy or use of the Premises or any other portion of the Property, or (iii) because of fire, windstorm, or any other act of God or other cause God, unless solely caused by such resulting from the gross negligence or intentionally willful misconduct of Landlord; (ii) any violation of applicable laws, agreements or declarations of record, or any agreement relating to the Premises to which Tenant is a party; (iii) any contest of Taxes; (iv) injury to persons or damage to property caused by the negligence or otherwise tortious act of Tenant, its contractors, subtenants or omission invitees; or (v) any breach by Tenant of the Landlordany covenant, as aforesaidagreement, representation or warranty made by Tenant pursuant to this Lease; and 4.5.2. subject Excluding those situations in which Landlord is obligated to indemnify and hold harmless Tenant under the operation and effect of the foregoing provisions of this subsectionSubparagraph 4.5.1, the Tenant shall be responsible for, and shall defend, indemnify and hold harmless Landlord, Xxxxx and any successor property manager of the Landlord Building (and, at Landlord’s request, any Mortgagee) against and from, any and all liability or claim of liability (including without limitation reasonable attorney's fees) arising out of any injury to or death of any person or damage to any property, occurring within the Premises, or, if caused by Tenant, its employees, agents or invitees, on the Property.

Liability of Parties. Except if and to the extent that such party is released from liability to the other party hereto pursuant to the provision of subsection 4.4. 4.5.1. the Landlord (a) shall be responsible for, and shall indemnify and hold harmless the Tenant against and from any and all liability arising out of, any injury to or death of any person or damage to any property, occurring anywhere upon the Property, if, only if and to the extent that such injury, death or damage is proximately caused by the grossly negligent or intentionally tortious act or omission of the Landlord or its agents, officers or employees, but (b) shall not be responsible for or be obligated to indemnify or hold harmless the Tenant against or from any liability for any such injury, death or damage occurring anywhere upon the Property (including the Premises), (i) by reason of the Tenant's occupancy or use of the Premises or any other portion of the Property, or (ii) because of fire, windstorm, act of God or other cause unless solely caused by such gross negligence or intentionally tortious act or omission of the Landlord, as aforesaid; and 4.5.2. subject to the operation and effect of the foregoing provisions of this subsectionsubsection (27), the Tenant shall be responsible for, and shall defend, indemnify and hold harmless the Landlord against and from, any and all liability or claim of liability (including without limitation reasonable attorney's fees) arising out of any injury to or death of any person or damage to any property, occurring within the Premises, or, if caused by Tenant, its employees, agents or invitees, on the Property.

Liability of Parties. Except if and to the extent that such party is released from liability to the other party hereto pursuant to the provision of subsection 4.4. 4.5.1. the Landlord (a) shall be responsible for, and shall indemnify and hold harmless the Tenant against and from any and all liability arising out of, any injury to or death of any person or damage to any property, occurring anywhere upon the Property, if, only if and to the extent that such injury, death or damage is proximately caused by the grossly negligent or intentionally tortious act or omission of the Landlord or its agents, officers or employees, but (b) shall not be responsible for or be obligated to indemnify or hold harmless the Tenant against or from any liability for any such injury, death or damage occurring anywhere upon the Property (including the Premises), (i) by reason of the Tenant's occupancy or use of the Premises or any other portion of the Property, or (ii) because of fire, windstorm, act of God or other cause unless solely caused by such gross negligence or intentionally tortious act or omission of the Landlord, as aforesaid; and 4.5.2. subject to the operation and effect of the foregoing provisions of this subsection, the Tenant shall be responsible for, and shall defend, indemnify and hold harmless the Landlord against and from, any and all liability or claim of liability (including without limitation reasonable attorney's fees) arising out of any injury to or death of any person or damage to any property, occurring within the Premises, or, or if caused by Tenant, its employees, agents or invitees, on the Property.

Liability of Parties. Except if and to the extent that such party is released from liability to the other party hereto pursuant to the provision of subsection 4.4. 4.5.1. the Landlord (a) shall be responsible for, and shall indemnify and hold harmless the Tenant against and from any and all liability arising out of, any injury to or death of any person or damage to any property, occurring anywhere upon the Property, if, only if and to the extent that such injury, death or damage is proximately caused by the grossly negligent or intentionally tortious act or omission of the Landlord or its agents, officers or employees, but (b) shall not be responsible for or be obligated to indemnify or hold harmless the Tenant against or from any liability for any such injury, death or damage occurring anywhere upon the Property (including the Premises), (i) by reason of the Tenant's occupancy or use of the Premises or any other portion of the Property, or (ii) because of fire, windstorm, act of God or other cause unless solely caused by such gross negligence or intentionally tortious act or omission of the Landlord, as aforesaid; and 4.5.2. subject to the operation and effect of the foregoing provisions of this subsection, the Tenant shall be responsible for, and shall defend, indemnify and hold harmless the Landlord against and from, any and all liability or claim of liability (including without limitation reasonable attorney's fees) arising out of any injury to or death of any person or damage to any property, occurring within the Premises, or, if caused by Tenant, its employees, agents or invitees, on the Property.

Liability of Parties. Except if and to the extent that such party is -------------------- released from liability to the other party hereto pursuant to the provision provisions of subsection 4.4.Paragraph B; 4.5.1. (i) the Landlord (a) shall be responsible for, and shall indemnify and hold harmless the Tenant against and from any and all liability arising out of, any injury to or death of any person or damage to any property, occurring anywhere upon the Property, if, only if and to the extent that such injury, death or damage is proximately caused by the grossly negligent or intentionally tortious act or omission of the Landlord or its agents, officers or employees, but (b) shall not be responsible for or be obligated to indemnify or hold harmless the Tenant against or from any liability for any such injury, death or damage occurring anywhere upon the Property (including the Premises), (i) by reason of the Tenant's occupancy or use of the Premises or any other portion of the Property, or (ii) because of fire, windstorm, act of God or other cause unless solely proximately caused by such gross negligence negligent or intentionally tortious act or omission of the Landlord, as aforesaid; and 4.5.2. (ii) subject to the operation and effect of the foregoing provisions of this subsection, the Tenant shall be responsible for, and shall defend, indemnify and hold harmless the Landlord against and from, any and all liability or claim of liability (including without limitation reasonable attorney's fees) arising out of any injury to or death of any person or damage to any property, occurring within the Premises, orunless resulting from fire, if windstorm, act of God or other cause not proximately caused by b the negligent or intentionally tortious act or omission of the Tenant, its or any of their respective officers, employees, agents or invitees, on the Property.agents. EXHIBIT C

Liability of Parties. Except if and to the extent that such party is released from liability to the other party hereto pursuant to the provision provisions of subsection 4.4.1 1.4, 4.5.1. (a) the Landlord (ai) shall be responsible for, and shall indemnify and hold harmless the Tenant against and from any and all liability arising out of, any injury to or death of any person or damage to any property, occurring anywhere upon the Property, if, only if and to the extent that such injury, death or damage is proximately approximately caused by the grossly negligent or intentionally tortious tortuous act or omission of the Landlord or its agents, officers or employees, but (bii) shall not be responsible for or be obligated to indemnify or hold harmless the Tenant against or from any liability for any such injury, death or damage occurring anywhere upon the Property (including the Premises), (i) by reason of the Tenant's occupancy or use of the Premises or any other portion of the Property, or (ii) because of fire, windstorm, act of God or other cause unless solely proximately caused by such gross negligence negligent or intentionally tortious act or omission of the Landlordomission, as aforesaid; and 4.5.2. and (b) subject to the operation and effect of the foregoing provisions of this subsection, the Tenant shall be responsible for, and shall defend, indemnify and hold harmless the Landlord against and from, any and all liability or claim of liability (including without limitation reasonable attorney's fees) Lability arising out of any injury to or death of any person or damage to any propertyproperly, occurring within the Premises, or, if caused by Tenant, its employees, agents or invitees, on the Property.

Liability of Parties. Except if and to the extent that such party is released from liability to the other party hereto pursuant to the provision provisions of subsection 4.411.4. 4.5.111.5.1. the Landlord (a) shall be responsible for, and shall indemnify and hold harmless the Tenant against and from any and all a liability arising out of, of any injury to or death of any person or damage to any property, occurring anywhere upon the Property, if, only if and to the extent that such injury, death or damage is proximately caused by the grossly negligent or intentionally tortious act or omission of the Landlord or its agents, officers offices or employees, but (b) shall b)shall not be responsible for or be obligated to indemnify or hold harmless the Tenant against or from any liability for any such injuryinjury , death or damage occurring anywhere upon the Property (including the Premises), (i) by reason of the Tenant's occupancy or use of the Premises or any other portion of the Property, or (ii) because of fire, windstorm, act of God or other cause unless solely proximately caused by such gross negligence negligent or intentionally tortious act tortions or omission of the Landlordomission, as aforesaid; : and 4.5.211.5.2. subject to the operation and effect of the foregoing provisions provision of this subsection, the Tenant shall be responsible for, form and shall defend, indemnify and hold harmless the Landlord against and fromform, any and all liability or claim of liability (including without limitation reasonable attorney's fees) arising out of any injury to or death of any person or damage to any property, occurring within the Premises, or, if caused by Tenant, its employees, agents or invitees, on the Property.

Liability of Parties. Except if and to the extent that such party is released from liability to the other party hereto pursuant to the provision provisions of subsection Subparagraph 4.4.: 4.5.1. the Landlord (a) shall be responsible for, and shall defend, indemnify and hold harmless the Tenant against and from any and all liability or claim of liability arising out of, any injury to or death of any person or damage to any property, occurring anywhere upon the Property, if, only if and to the extent that such injury, death or damage is proximately caused by the grossly negligent or intentionally tortious act or omission or willful misconduct of the Landlord or its agents, officers or employees, but (b) shall not be responsible for or be obligated to indemnify or hold harmless the Tenant against or from any liability for any such injury, death or damage occurring anywhere upon the Property (including the Premises), (i) by reason of the (i) Tenant's ’s occupancy or use of the Premises or any other portion of the Property, or (ii) because of any fire, windstorm, act of God or other cause unless solely directly caused by such gross negligence grossly negligent or intentionally tortious act or omission or willful misconduct of the Landlord, as aforesaid; and 4.5.2. subject Excluding those situations in which Landlord is obligated to indemnify and hold harmless Tenant under the operation and effect of the foregoing provisions of this subsectionSubparagraph 4.5.1, the Tenant shall be responsible for, and shall defend, indemnify and hold harmless Landlord, Landlord’s affiliates, employees, agents, contractors, property manager, and, at the Landlord’s request, any Mortgagee (collectively, “Landlord Indemnitees”) against and from, any from and all liability Claims arising or claim of liability (including without limitation reasonable attorney's fees) arising out of any injury to or death of any person or damage to any property, occurring within the Premises, or, if caused by Tenant, its employees, agents Premises or invitees, on the Propertyas result of a default under this Lease.

Liability of Parties. Except if and to the extent that such party is released from liability to the other party hereto pursuant to the provision provisions of subsection 4.4.8.4, 4.5.18.5.1. the Landlord (a) shall be responsible for, and shall defend, indemnify and hold harmless the Tenant against and from any and all liability or claim of liability arising out of, any injury to or death of any person or damage to any property, occurring anywhere upon the Property, if, only if and to the extent that such injury, death or damage is proximately caused by the grossly negligent or intentionally tortious act or omission of the Landlord or its agents, officers or employees, but {(b) shall not be responsible for or be obligated to defend, indemnify or hold harmless the Tenant against or from any liability for any such injury, death or damage occurring anywhere upon the Property {'3roperty (including the Premises), (i) by reason of the Tenant's occupancy or use of the Premises or any other portion of the Property, or {(ii) because of fire, windstorm, act of God or other cause unless solely proximately caused by such gross negligence negligent or intentionally tortious act or omission of the Landlord, as aforesaid; and 4.5.28.5.2. subject excluding those situations in which the Landlord is obligated to indemnify and hold harmless the operation and effect of Tenant under the foregoing provisions of this subsectionparagraph 8.5.1, the Tenant shall be responsible for, and shall defend, indemnify and hold harmless the Landlord against and from, any and all liability or claim of liability (including without limitation reasonable attorney's fees) arising out of(a) the use, occupancy, conduct, operation or management of the Premises during the Term, or {(b) any work or thing whatsoever done or not done on the Premises during the Term, or {(c) any breach or default by the Tenant in performing any of its obligations under the provisions of this Lease or applicable law, or (d) any negligent, intentionally tortious or other act or omission of the Tenant or any of its agents, contractors, servants, employees, subtenants, licensees or invitees during the Term, or (e) any injury to or death of any person or damage to any property, property occurring within the Premises, or, if caused by Tenant, its employees, agents or invitees, on the PropertyPremises during the Term.

Liability of Parties. Except if and to the extent that such party is released from liability to the other party hereto pursuant to the provision of subsection 4.4.5.16: 4.5.1. the Landlord (a) The Landlord and Tenant (i) shall be responsible for, and shall indemnify and hold harmless the Tenant each other against and from any and all liability arising out of, any injury to or death of any person or damage to any property, occurring anywhere upon the PropertyBuilding, Premises or Common Area, if, only if and to the extent that such injury, death death, or damage is proximately caused by the grossly negligent or intentionally tortious act or omission of the Landlord other or its agents, officers or employees, but (bii) shall not be responsible for or be obligated to indemnify or hold harmless the Tenant against or from any liability for any such injury, death or damage occurring anywhere upon the Property Premises (including the Premises), (iaa) by reason of the Tenant's occupancy or use of the Premises Premises, Building or any other portion of the PropertyCommon Area, or (iibb) because of fire, windstorm, act of God or other cause unless solely caused by such gross negligence or intentionally tortious tortiuous act or omission of the Landlord, as aforesaid; and 4.5.2. subject (b) Subject to the operation and effect of the foregoing provisions of this subsectionsubsection unless damage caused by gross negligence or willful misconduct of Landlord, the Tenant shall be responsible for, and shall defend, indemnify and hold harmless the Landlord against and from, any and all liability or claim of or liability (including without limitation reasonable attorney's fees) arising out of any injury to or death of any person or damage to any propertythe Building, occurring within the Premises, or, if caused by Tenant, its employees, agents Premises or invitees, on the PropertyCommon Area.

Liability of Parties. Except if and to the extent that such party is released from liability to the other party hereto pursuant to the provision provisions of subsection 4.4., 4.5.1. the (a) Landlord (ai) shall be responsible for, and shall indemnify and hold harmless the Tenant against and from any and all liability arising out of, any injury to or death of any person or damage to any property, occurring anywhere upon the Property, if, only if if, and to the extent that such injury, death or damage is proximately caused by the grossly negligent gross negligence of or intentionally tortious act or omission of the Landlord or its agents, officers or employees, but (bii) shall not be responsible for or be obligated to indemnify or hold harmless the Tenant against or from any liability for any such injury, death or damage occurring anywhere upon the Property (including the Premises), (i) by reason of the Tenant's occupancy or use of the Premises or any other portion of the Property, or (ii) because of fire, windstorm, act of God or other cause unless solely proximately caused by such gross negligence or intentionally tortious act or omission of the Landlordomission, as aforesaid; and 4.5.2. (b) subject to the operation and effect of the foregoing provisions of this subsection, the Tenant shall be responsible for, and shall defend, indemnify and hold harmless the Landlord against and from, any and all liability or claim of liability (including without limitation reasonable attorney's fees) arising out of any injury to or death of any person or damage to any property, occurring within the Premises, or, if caused by Tenant, its employees, agents or invitees, on the Property.