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 (and, in the case of Tenant, that of any Subtenants) or its or their partners, directors, officers, or employees; 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 (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 or from any work or activity performed in and on the Premises and/or the Shoreside Complex during the Term; (y) the condition of the Premises and the Shoreside Complex or any adjoining street, curb or sidewalk, or of any vaults, tunnels, passageways or space under, adjoining or appurtenant thereto; and (z) any accident, injury or damage whatsoever caused to any individual or property occurring during the Term, in or on the Premises, the Shoreside Complex or upon or under any adjoining sidewalks or appurtenant street, curb, vaults, tunnel, passageway or space. 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, Tenant shall not be required to Indemnify Landlord from or against Landlord's intentional acts or omissions or gross negligence.

Mutual Indemnity Obligations. Landlord and Tenant shall each Indemnify the other against: (a) any wrongful act, wrongful omission or negligence of the Indemnitor (and, in the case of (i) Tenant, that of any of Tenant's Subtenants) or its or , and Tenant's and any of their respective partners, directors, officers, or members, contractors, employees, agents, licensees and invitees; and (ii) Landlord, that of the Power Test Lessor and their respective 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 matters (except to the extent any claim arises from any wrongful act, wrongful omission or gross negligence of Landlord): , Realty Parent, any Third Party Lessor or the Power Test Lessor) relating to: (xt) 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 conduct, management operation or occupancy of or from any work or activity Property; (w) any Construction Work performed in and on the Premises and/or the Shoreside Complex during the Term; (yx) the condition of the Premises and the Shoreside Complex any Property or any adjoining street, curb or sidewalksidewalk adjoining such Property, whether or not such condition existed before the Restatement Effective Date; or of any vaults, tunnels, passageways or space under, adjoining or appurtenant theretoto the Premises whether or not such condition existed before the Restatement Effective Date; and (zy) any accident, injury or damage whatsoever caused to any individual person or their property occurring during the Term, in or on the Premises, the Shoreside Complex Premises or upon or under the sidewalks adjoining such Property; and (z) any adjoining sidewalks or appurtenant street, curb, vaults, tunnel, passageway or space. 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 wrongful termination of the Terma Sublease. Notwithstanding anything to the contrary in this Leaseforegoing, Tenant shall not be required have no obligation to Indemnify Realty Parent if (a) a conflict of interest exists such that the use of a single counsel to represent both Realty Parent and Landlord from 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 incur more than a de minimis amount of additional cost or against Landlord's intentional acts or omissions or gross negligence.expense in discharging its indemnification obligations pursuant to this Article. In addition, Landlord shall Indemnify Tenant and Marketing Parent for (i) any UST Upgrade Landlord is obligated to perform pursuant to Section 7.6, (ii) any Remediation of Contamination for which Landlord is obligated under Section 9.1, and (iii) any matter whatsoever relating to the 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 advisable, (b) the claims and defenses available to Marketing Parent and Tenant with respect to any such claim are not

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 (andor, in the case of TenantLessee, that of any Subtenantsof Lessee's Sublessees) or its or their partners, directors, officers, officers or employees; 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 (except to the extent any claim arises from any wrongful act, wrongful omission or gross negligence of LandlordLessor): (x) the conduct, management management, or occupancy of or from any work or activity performed in and on the Premises and/or and the Shoreside Complex Casino Vessel during the Term; (y) the condition of the Premises and Premises, the Shoreside Complex Casino Vessel or any adjoining street, curb or sidewalksidewalk adjoining the Premises, or of any vaults, tunnels, passageways or space under, adjoining or appurtenant theretoto the Premises; and (z) any accident, injury or damage whatsoever caused to any individual person or property occurring during the Term, in or on the Premises, or the Shoreside Complex Casino Vessel or upon or under any the sidewalks adjoining sidewalks or appurtenant street, curb, vaults, tunnel, passageway or spacethe Premises. 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 and the Shoreside Complex if Tenant Lessee fails to surrender possession upon the expiration or earlier termination of the Term. Notwithstanding anything to the contrary in this Lease, Tenant neither party shall be required to indemnify the other party from or against such other party's negligence, omissions, or intentional acts, and Lessee shall not be required to Indemnify Landlord indemnify Lessor from or against Landlord's intentional acts any condition that existed on or omissions at the Premises on or gross negligencebefore the Commencement Date.

Mutual Indemnity Obligations. Landlord and Tenant shall each Indemnify the other against: (a) any wrongful act, wrongful omission or negligence of the Indemnitor (andor, 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 (except to the extent any claim arises from any wrongful act, wrongful omission or gross negligence of Landlord): matters: (x) the conduct, management or occupancy of of, or from any work or activity performed in and on on, the Premises and/or Premises, the Shoreside Complex or any Riverboat Casino by Tenant during the TermTerm or in the performance of Tenant's obligations under Section 28.07; (y) the condition of the Premises and Premises, the Shoreside Complex or any adjoining streetRiverboat Casino or any improvement located on the Premises, curb the Shoreside Complex or sidewalk, or of any vaults, tunnels, passageways or space under, adjoining or appurtenant theretoRiverboat 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 individual or property person occurring at any time after the Construction Commencement Date and thereafter during the Term, in or on the Premises, the Shoreside Complex or upon any Riverboat Casino or under any adjoining sidewalks improvements located on the Premises, the Shoreside Complex or appurtenant street, curb, vaults, tunnel, passageway or spaceany 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 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 Landlord's intentional acts any condition that existed on or omissions at the Premises at or gross negligencebefore 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 (andor, 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 (except to the extent any claim arises from any wrongful act, wrongful omission or gross negligence of Landlord): matters: (x) the conduct, management or occupancy of of, or from any work or activity performed in and on on, the Premises and/or Premises, the Shoreside Complex or any Riverboat Casino by Tenant during the TermTerm or in the performance of Tenant’s obligations under Section 28.07; (y) the condition of the Premises and Premises, the Shoreside Complex or any adjoining streetRiverboat Casino or any improvement located on the Premises, curb the Shoreside Complex or sidewalk, or of any vaults, tunnels, passageways or space under, adjoining or appurtenant theretoRiverboat 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 individual or property person occurring at any time after the Construction Commencement Date and thereafter during the Term, in or on the Premises, the Shoreside Complex or upon any Riverboat Casino or under any adjoining sidewalks improvements located on the Premises, the Shoreside Complex or appurtenant street, curb, vaults, tunnel, passageway or spaceany 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 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 Landlord's intentional acts any condition that existed on or omissions at the Premises at or gross negligencebefore 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.