Common use of Property Damage, Etc Clause in Contracts

Property Damage, Etc. Subject to the requirements of Section 6.5 hereof, Owner agrees to indemnify, defend, protect, save and hold Manager and all of the other Indemnified Parties harmless from any and all Losses in connection with or in any way related to the Property and from liability for damage to the Property and injuries to or death of any person whomsoever, and damage to property; provided, however, that such indemnification shall not extend to any such Losses arising out of the misconduct, negligence or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction) of Manager or any of the other Indemnified Parties. Manager shall not be liable for any error of judgment or for any mistake of fact or law, or for any thing that it may do or refrain from doing, except in cases of misconduct, negligence or unlawful acts (such unlawfulness having been adjudicated by a court of proper jurisdiction).

Appears in 6 contracts

Samples: Property Management and Leasing Agreement (Carter Validus Mission Critical REIT, Inc.), Property Management and Leasing Agreement (Cole Retail Income Trust, Inc.), Property Management and Leasing Agreement (Cole Credit Property Trust III, Inc.)

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