Common use of Mutual Indemnity Obligations Clause in Contracts

Mutual Indemnity Obligations. Landlord and Tenant shall each Indemnify the other against: (a) any wrongful act, wrongful omission or negligence of the Indemnitor (or, in the case of Tenant, of any of Tenant’s Subtenants) or its or their partners, directors, officers, or employees, or their equivalent; and (b) any breach or default by the Indemnitor under this Lease. In addition to and without limiting the generality of the foregoing indemnity, Tenant shall Indemnify Landlord against all the following matters: (x) the management or occupancy of, or any work or activity performed in and on, the Premises, the Shoreside Complex or any Riverboat Casino by Tenant during the Term or in the performance of Tenant’s obligations under Section 28.07; (y) the condition of the Premises, the Shoreside Complex or any Riverboat Casino or any improvement located on the Premises, the Shoreside Complex or any Riverboat Casino at any time after the Construction Commencement Date and thereafter during the Term; and (z) any accident, injury or damage whatsoever caused to any person occurring at any time after the Construction Commencement Date and thereafter during the Term, in or on the Premises, the Shoreside Complex or any Riverboat Casino or any improvements located on the Premises, the Shoreside Complex or any Riverboat Casino. Furthermore, Tenant agrees to pay, and to Indemnify Landlord against, reasonable legal costs, including reasonable counsel fees and disbursements, incurred by Landlord in obtaining possession of the Premises if Tenant fails to surrender possession upon the expiration or earlier termination of the Term. Notwithstanding anything to the contrary in this Lease, neither party shall be required to Indemnify the other party from or against such other party’s intentional acts or omissions or negligence, and Tenant shall not be required to Indemnify Landlord from or against any condition that existed on or at the Premises at or before the Construction Commencement Date that was not created by Tenant. Landlord shall Indemnify Tenant against any liability arising from the environmental condition of the Premises existing immediately prior to the Construction Commencement Date and not created by Tenant, whether such condition is known or unknown on the Construction Commencement Date to the parties hereto. Tenant shall Indemnify Landlord against any liability arising from any environmental condition of the Premises created at any time after the Construction Commencement Date and thereafter during the Term whether such condition is known or unknown on the Construction Commencement Date or thereafter during the Term to the parties hereto. The terms of this provision shall survive the termination or expiration of this Lease.

Mutual Indemnity Obligations. Landlord and Tenant shall each Indemnify the other against: (a) any wrongful act, wrongful omission or negligence of the Indemnitor (orand, in the case of (i) Tenant, that of any of Tenant’s 's Subtenants) or its or , and Tenant's and any of their respective partners, directors, officers, or members, contractors, employees, or agents, licensees and invitees; and (ii) Landlord, that of the Power Test Lessor and their equivalentrespective partners, directors, officers, members, contractors, employees, agents, licensees and invitees); and (b) any breach or default Default by the Indemnitor under this LeaseRestated Lease or the Environmental Agreement. In addition to and without limiting the generality of the foregoing indemnity, Tenant shall Indemnify Landlord and Realty Parent (and with respect to clause (y) below, Third Party Lessors and the Power Test Lessor) against all the following mattersmatters (except to the extent any claim arises from any wrongful act, wrongful omission or negligence of Landlord, Realty Parent, any Third Party Lessor or the Power Test Lessor) relating to: (t) any Remediation of New Contamination for which Tenant is obligated pursuant to Section 9.1 and for breach of Tenant's obligations to comply with Environmental Laws pursuant to Section 9.2; (u) the operation or occupancy of any Property; (w) any Construction Work performed during the Term; (x) the management or occupancy of, condition of any Property or any work street, curb or activity performed in and onsidewalk adjoining such Property, whether or not such condition existed before the PremisesRestatement Effective Date; or of any vaults, tunnels, passageways or space under, adjoining or appurtenant to the Shoreside Complex Premises whether or any Riverboat Casino by Tenant during not such condition existed before the Term or in the performance of Tenant’s obligations under Section 28.07Restatement Effective Date; (y) the condition of the Premises, the Shoreside Complex or any Riverboat Casino or any improvement located on the Premises, the Shoreside Complex or any Riverboat Casino at any time after the Construction Commencement Date and thereafter during the Term; and (z) any accident, injury or damage whatsoever caused to any person or their property occurring at any time after the Construction Commencement Date and thereafter during the Term, in or on the Premises, Premises or upon or under the Shoreside Complex or sidewalks adjoining such Property; and (z) any Riverboat Casino or any improvements located on wrongful termination of a Sublease. Notwithstanding the Premises, the Shoreside Complex or any Riverboat Casino. Furthermoreforegoing, Tenant agrees shall have no obligation to payIndemnify Realty Parent if (a) a conflict of interest exists such that the use of a single counsel to represent both Realty Parent and Landlord is not advisable, (b) the claims and defenses available to Realty Parent and Landlord with respect to any such claim are not substantially identical, and (c) the inclusion of Realty Parent as an Indemnitee would cause Tenant to Indemnify Landlord againstincur more than a de minimis amount of additional cost or expense in discharging its indemnification obligations pursuant to this Article. In addition, reasonable legal costs, including reasonable counsel fees and disbursements, incurred by Landlord in obtaining possession of the Premises if Tenant fails to surrender possession upon the expiration or earlier termination of the Term. Notwithstanding anything to the contrary in this Lease, neither party shall be required to Indemnify the other party from or against such other party’s intentional acts or omissions or negligence, and Tenant shall not be required to Indemnify Landlord from or against any condition that existed on or at the Premises at or before the Construction Commencement Date that was not created by Tenant. Landlord shall Indemnify Tenant against and Marketing Parent for (i) any liability arising from the environmental condition UST Upgrade Landlord is obligated to perform pursuant to Section 7.6, (ii) any Remediation of the Premises existing immediately prior Contamination for which Landlord is obligated under Section 9.1, and (iii) any matter whatsoever relating to the Construction Commencement Date Abandoned Properties, including, without limitation, compliance with Environmental Laws. Notwithstanding the foregoing, Landlord shall have no obligation to Indemnify Marketing Parent if (a) a conflict of interest exists such that the use of a single counsel to represent both Marketing Parent and Tenant is not created by Tenantadvisable, whether (b) the claims and defenses available to Marketing Parent and Tenant with respect to any such condition is known or unknown on the Construction Commencement Date to the parties hereto. Tenant shall Indemnify Landlord against any liability arising from any environmental condition of the Premises created at any time after the Construction Commencement Date and thereafter during the Term whether such condition is known or unknown on the Construction Commencement Date or thereafter during the Term to the parties hereto. The terms of this provision shall survive the termination or expiration of this Lease.claim are not

Mutual Indemnity Obligations. Landlord and Tenant shall each Indemnify the other against: (a) any wrongful act, wrongful omission or negligence of the Indemnitor (or, in the case of Tenant, of any of Tenant’s 's Subtenants) or its or their partners, directors, officers, or employees, or their equivalent; and (b) any breach or default by the Indemnitor under this Lease. In addition to and without limiting the generality of the foregoing indemnity, Tenant shall Indemnify Landlord against all the following matters: (x) the management or occupancy of, or any work or activity performed in and on, the Premises, the Shoreside Complex or any Riverboat Casino by Tenant during the Term or in the performance of Tenant’s 's obligations under Section 28.07; (y) the condition of the Premises, the Shoreside Complex or any Riverboat Casino or any improvement located on the Premises, the Shoreside Complex or any Riverboat Casino at any time after the Construction Commencement Date and thereafter during the Term; and (z) any accident, injury or damage whatsoever caused to any person occurring at any time after the Construction Commencement Date and thereafter during the Term, in or on the Premises, the Shoreside Complex or any Riverboat Casino or any improvements located on the Premises, the Shoreside Complex or any Riverboat Casino. Furthermore, Tenant agrees to pay, and to Indemnify Landlord against, reasonable legal costs, including reasonable counsel fees and disbursements, incurred by Landlord in obtaining possession of the Premises if Tenant fails to surrender possession upon the expiration or earlier termination of the Term. Notwithstanding anything to the contrary in this Lease, neither party shall be required to Indemnify the other party from or against such other party’s 's intentional acts or omissions or negligence, and Tenant shall not be required to Indemnify Landlord from or against any condition that existed on or at the Premises at or before the Construction Commencement Date that was not created by Tenant. Landlord shall Indemnify Tenant against any liability arising from the environmental condition of the Premises existing immediately prior to the Construction Commencement Date and not created by Tenant, whether such condition is known or unknown on the Construction Commencement Date to the parties hereto. Tenant shall Indemnify Landlord against any liability arising from any environmental condition of the Premises created at any time after the Construction Commencement Date and thereafter during the Term whether such condition is known or unknown on the Construction Commencement Date or thereafter during the Term to the parties hereto. The terms of this provision shall survive the termination or expiration of this Lease.

Mutual Indemnity Obligations. Landlord Lessor and Tenant Lessee shall each Indemnify indemnify the other against: against (a) any wrongful act, wrongful omission or negligence of the Indemnitor indemnitor (or, in the case of TenantLessee, that of any of Tenant’s SubtenantsLessee's Sublessees) or its or their partners, directors, officers, officers or employees, or their equivalent; and (b) any any, breach or default by the Indemnitor indemnitor under this Lease. In addition to and without limiting the generality of the foregoing indemnity, Tenant Lessee shall Indemnify Landlord indemnify Lessor against all the following matters: matters (except to the extent any claim arises from any wrongful act, omission or negligence of Lessor): (x) the management conduct, management, or occupancy of, of or from any work or activity performed in and on, on the Premises, Premises and the Shoreside Complex or any Riverboat Casino by Tenant Vessel during the Term or in the performance of Tenant’s obligations under Section 28.07Term; (y) the condition of the Premises, the Shoreside Complex Casino Vessel or any Riverboat Casino street, curb or any improvement located on sidewalk adjoining the Premises, or of any vaults, tunnels, passageways or space under, adjoining or appurtenant to the Shoreside Complex or any Riverboat Casino at any time after the Construction Commencement Date and thereafter during the TermPremises; and (z) any accident, injury or damage whatsoever caused to any person or property occurring at any time after the Construction Commencement Date and thereafter during the Term, in or on the Premises, or the Shoreside Complex Casino Vessel or any Riverboat Casino upon or any improvements located on under the sidewalks adjoining the Premises, the Shoreside Complex or any Riverboat Casino. Furthermore, Tenant Lessee agrees to pay, and to Indemnify Landlord indemnify Lessor against, reasonable legal costs, including reasonable counsel fees and disbursements, disbursements incurred by Landlord Lessor in obtaining possession of the Premises if Tenant Lessee fails to surrender possession upon the expiration or earlier termination of the Term. Notwithstanding anything to the contrary in this Lease, neither party shall be required to Indemnify indemnify the other party from or against such other party’s intentional acts or omissions or 's negligence, omissions, or intentional acts, and Tenant Lessee shall not be required to Indemnify Landlord indemnify Lessor from or against any condition that existed on or at the Premises at on or before the Construction Commencement Date that was not created by Tenant. Landlord shall Indemnify Tenant against any liability arising from the environmental condition of the Premises existing immediately prior to the Construction Commencement Date and not created by Tenant, whether such condition is known or unknown on the Construction Commencement Date to the parties hereto. Tenant shall Indemnify Landlord against any liability arising from any environmental condition of the Premises created at any time after the Construction Commencement Date and thereafter during the Term whether such condition is known or unknown on the Construction Commencement Date or thereafter during the Term to the parties hereto. The terms of this provision shall survive the termination or expiration of this LeaseDate.

Mutual Indemnity Obligations. Landlord and Tenant shall each Indemnify the other against: (a) any wrongful act, wrongful omission or negligence of the Indemnitor (orand, in the case of Tenant, that of any of Tenant’s Subtenants) or its or their partners, directors, officers, or employees, or their equivalent; and (b) any breach or default by the Indemnitor under this Lease. In addition to and without limiting the generality of the foregoing indemnity, Tenant shall Indemnify Landlord against all the following matters: matters (except to the extent any claim arises from any wrongful act, wrongful omission or gross negligence of Landlord): (x) the conduct, management or occupancy of, of or from any work or activity performed in and on, on the Premises, Premises and/or the Shoreside Complex or any Riverboat Casino by Tenant during the Term or in the performance of Tenant’s obligations under Section 28.07Term; (y) the condition of the Premises, Premises and the Shoreside Complex or any Riverboat Casino adjoining street, curb or sidewalk, or of any improvement located on the Premisesvaults, the Shoreside Complex tunnels, passageways or any Riverboat Casino at any time after the Construction Commencement Date and thereafter during the Termspace under, adjoining or appurtenant thereto; and (z) any accident, injury or damage whatsoever caused to any person individual or property occurring at any time after the Construction Commencement Date and thereafter during the Term, in or on the Premises, the Shoreside Complex or upon or under any Riverboat Casino adjoining sidewalks or any improvements located on the Premisesappurtenant street, the Shoreside Complex curb, vaults, tunnel, passageway or any Riverboat Casinospace. Furthermore, Tenant agrees to pay, and to Indemnify Landlord against, reasonable legal costs, including reasonable counsel fees and disbursements, incurred by Landlord in obtaining possession of the Premises and the Shoreside Complex if Tenant fails to surrender possession upon the expiration or earlier termination of the Term. Notwithstanding anything to the contrary in this Lease, neither party shall be required to Indemnify the other party from or against such other party’s intentional acts or omissions or negligence, and Tenant shall not be required to Indemnify Landlord from or against any condition that existed on Landlord's intentional acts or at the Premises at omissions or before the Construction Commencement Date that was not created by Tenant. Landlord shall Indemnify Tenant against any liability arising from the environmental condition of the Premises existing immediately prior to the Construction Commencement Date and not created by Tenant, whether such condition is known or unknown on the Construction Commencement Date to the parties hereto. Tenant shall Indemnify Landlord against any liability arising from any environmental condition of the Premises created at any time after the Construction Commencement Date and thereafter during the Term whether such condition is known or unknown on the Construction Commencement Date or thereafter during the Term to the parties hereto. The terms of this provision shall survive the termination or expiration of this Leasegross negligence.