Owner Indemnification. Owner hereby indemnifies Xxxxxx Realty, Inc. for any and all claims, losses and expenses, including reasonable attorney's fees, incurred in connection with the rental of the Property, including the holding or release of any security deposit or the placement of real estate signs on the Property. Owner understands and agrees that Xxxxxx Realty, Inc. and its Agents are acting as Rental Agents Only and are not property managers.
Owner Indemnification. (i) Owner shall indemnify, defend, reimburse and hold harmless the Manager and its Affiliates and their respective officers, managers, representatives, agents, members, employees (together with the Manager, the “Manager Indemnified Parties”) from and against and in respect of any and all claims, liabilities, losses, costs, expenses (including reasonable attorneys’ fees and costs of investigation), judgments, fines, penalties, interest, settlement or damages (collectively, “Liabilities”) incurred or suffered by a Manager Indemnified Party in connection with, arising out of, or relating to, directly or indirectly, its performance of the Management Services and or Operating Services hereunder, EVEN IF SUCH LIABILITIES AROSE IN WHOLE OR IN PART FROM THE ACTIVE, PASSIVE, SOLE OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT OF A MANAGER INDEMNIFIED PARTY, except that such indemnity will not apply in cases in which any such Liabilities are determined by a final and non-appealable judgment of a court of competent jurisdiction to have resulted from the gross negligence or intentional misconduct of the Manager or any other Manager Indemnified Party or from any failure by the Manager to follow any lawful direction of Owner.
(ii) To the fullest extent permitted by applicable Law and subject to Parent and Owner having sufficient funds available, reasonable expenses (including reasonable legal fees and expenses) incurred by a Manager Indemnified Party who is indemnified pursuant to Section 11.1(a) in defending any claim, demand, action, suit or proceeding relating to acts or omissions with respect to the performance of duties or services pursuant to this Agreement, from time to time, shall be advanced by Parent prior to a determination that the Indemnitee is not entitled to be indemnified upon receipt by Parent of an undertaking by or on behalf of such Manager Indemnified Party to repay such amount if it shall be determined that the Manager Indemnified Party is not entitled to be indemnified as authorized in Section 11.1(a).
(iii) The indemnification provided by this Section 11.1(a) shall be in addition to any other rights to which a Manager Indemnified Party may be entitled under any agreement, pursuant to any approval by Parent, as a matter of law or otherwise, both as to actions in the Manager Indemnified Party’s capacity as a Manager Indemnified Party and as to actions in any other capacity and shall continue as to a Manager Indemnified Party who has cease...
Owner Indemnification. Owner hereby indemnifies Goldcoast Sotheby's International Realty for any and all claims, losses and expenses, including reasonable attorney's fees, incurred in connection with the rental of the Property, including the holding or release of any security deposit or the placement of real estate signs on the Property. In the event Tenant chooses Security Deposit, not VRDP, Owner hereby authorizes Goldcoast Sotheby's International Realty to release the security deposit to the tenant as set forth in this listing agreement. Owner understands and agrees that Goldcoast Sotheby's International Realty and its Agents are acting as Rental Agents Only and are not property managers.
Owner Indemnification. Owner hereby indemnifies Rental Agent for any and all claims, losses and expenses, including reasonable attorney's fees incurred in connection with the rental of the Property, including the holding or release of any security deposit or the placement of real estate signs on the Property. Owner hereby authorizes the rental agent to release the security deposit to the tenant as set forth in this listing agreement. Owner understands and agrees that the Rental Agent is acting as Rental Agent only and is not a manager of the Property.
Owner Indemnification. Owner hereby indemnifies Long & Xxxxxx Real Estate, Inc. for any claims, losses, and expenses including reasonable attorney’s fees, incurred in connection with the rental of the property, including holding or release of any damage deposit. Owner hereby authorizes Long & Xxxxxx Real Estate, Inc. to release the damage deposit to the tenant as set forth in this listing agreement. Owner understands and agrees that Long & Xxxxxx Real Estate, Inc. and its Agents are acting as Rental Agents only and are NOT property managers.
Owner Indemnification. Owner will indemnify, defend, reimburse and hold harmless Manager and its officers, managers, representatives, agents, members, employees (together with Manager, the “Manager Indemnified Parties”) from and against and in respect of any and all claims, liabilities, losses, costs, expenses (including reasonable attorneys’ fees and costs of investigation) or damages (collectively, “Liabilities”) incurred or suffered by a Manager Indemnified Party in connection with, arising out of, or relating to, directly or indirectly, its performance of the Services hereunder, EVEN IF SUCH LIABILITIES AROSE IN WHOLE OR IN PART FROM THE ACTIVE, PASSIVE, SOLE OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT OF A MANAGER INDEMNIFIED PARTY, except that such indemnity will not apply (x) in cases in which any such Liabilities are determined by a final and non-appealable judgment of a court of competent jurisdiction to have resulted from the fraud, deceit, gross negligence, reckless or intentional misconduct of, or a knowing violation of law by, Manager or any other Manager Indemnified Party or from any failure by Manager to follow any lawful direction of Owner, or (y) in respect of costs and expenses for which the Manager is already compensated through the payment of the Management Fee or the other cost and expense reimbursement provisions of this Agreement.
Owner Indemnification. The OWNER agrees, to the fullest extent permitted by law, to indemnify and hold TRANSYSTEMS harmless from any damage, liability or cost (including reasonable attorney’s fees and costs of defense) to the extent caused by the OWNER’S negligent acts, errors or omissions and those of its contractors, subcontractors or consultants or anyone for whom the OWNER is legally liable, and arising from the Project that is the subject of this Agreement. The OWNER is not obligated to indemnify TRANSYSTEMS in any manner whatsoever for TRANSYSTEMS’ own negligence.
Owner Indemnification. As consideration for the Services rendered by D.O.G. Xxxxxxx, Owner shall indemnify, defend and hold D.O.G. Wynwood, its successors, assigns, invitees, lessors, affiliates, members, managing members, officers, directors, independent contractors, present and former agents and employees, customers, clients, owners, subsidiaries and beneficiaries (hereinafter, collectively “Releasees”) harmless from and against any and all losses, liabilities, damages, demands, actions, claims, lawsuits, fines, costs, expenses (including, but not limited to, attorney’s fees and costs in courts of all levels and any veterinary costs and expenses for Canine) whether known or unknown, foreseen or unforseen and from the beginning of time to the present arising from or related in any way to:
a. Any Services or actions performed by Releasees (arising out of or related to this Agreement, including any negligence of Releasees); and
b. Any acts or behavior of Canine while in the care of Releasees, including but not limited to, any injury, damage or death to the employees, agents, clients, the general public and/or any other animals.
Owner Indemnification. IN ADDITION TO ITS INDEMNIFICATION, DEFENSE AND HOLD HARMLESS OBLIGATIONS CONTAINED ELSEWHERE IN THIS AGREEMENT, OWNER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND CONTRACTOR GROUP FROM ANY AND ALL DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING ALL FINES AND PENALTIES AS WELL AS ATTORNEYS’ FEES, CONSULTANT FEES AND LITIGATION EXPENSES) DIRECTLY OR INDIRECTLY ARISING OUT OF OR RESULTING FROM OR RELATED TO ANY OF THE FOLLOWING:
A. PERSONAL INJURY TO OR DEATH OF ANY PERSON, OR DAMAGE TO OR DESTRUCTION OF PROPERTY OF ANY PERSON (EXCLUDING THE WORK AND CONTRACTOR’S OR ANY SUBCONTRACTOR’S OR SUB-SUBCONTRACTOR’S CONSTRUCTION EQUIPMENT) ARISING OUT OF OR RELATING TO THE WORK OR THE FACILITY TO THE EXTENT CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY MEMBER OF OWNER GROUP OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM OR ANYONE FOR WHOSE ACTS THEY MAY BE LIABLE;
B. PRE-EXISTING HAZARDOUS MATERIALS AT THE SITE, EXCEPT TO THE EXTENT CONTRACTOR, OR ANY OF ITS SUBCONTRACTORS OR SUB-SUBCONTRACTORS, KNEW OR REASONABLY SHOULD HAVE KNOWN OF THE PRESENCE OF SUCH HAZARDOUS MATERIALS AND THROUGH ITS NEGLIGENT ACTION EXACERBATED SUCH PRE-EXISTING HAZARDOUS MATERIALS; OR
C. THIRD PARTY CLAIMS ARISING OUT OF ANY HAZARDOUS MATERIALS BROUGHT ONTO AND MAINTAINED ON THE SITE BY CONTRACTOR OR ITS SUBCONTRACTORS OR SUB-SUBCONTRACTORS IN ACCORDANCE WITH THIS AGREEMENT AND THEREAFTER RELEASED BY OWNER (OR ANY PERSON FOR WHOM OWNER IS RESPONSIBLE OR WHO IS ACTING ON ITS BEHALF, OTHER THAN CONTRACTOR OR ANY SUBCONTRACTOR OR SUB-SUBCONTRACTOR) IN VIOLATION OF APPLICABLE LAW, APPLICABLE CODES AND STANDARDS OR OWNER’S ENVIRONMENTAL OR SAFETY REQUIREMENTS. “THIRD PARTY” AS USED IN THIS SECTION 18.2C SHALL ANY PERSON OTHER THAN A MEMBER OF OWNER GROUP OR CONTRACTOR GROUP.
Owner Indemnification. Owner agrees to, and does hereby, indemnify and hold harmless VAR from any and all claims, demands, or actions alleging that the Code or Documentation, including any Enhancements, in the form delivered by Owner, infringes or abridges any third-party rights in copyright, trade secret, or other intellectual property rights.
