Common use of Property Loss, Damage Reimbursement Indemnity Clause in Contracts

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, or due to, the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, Owner’s own acts, Owner shall not be liable for any damage Tenant may sustain thereby, and Tenant shall not be entitled to any compensation therefore, nor abatement or diminution of rent, nor shall the same release Tenant from its obligations hereunder, nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred as a result of any breach by Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s agents, contractors, employees, invitees or licensees. Tenant’s liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconduct. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurer.

Appears in 4 contracts

Samples: Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)

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Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, or due to, the negligence willful act or willful misconduct omission of or breach of this Lease by Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, Owner’s own acts, Owner shall not be liable for any damage Tenant may sustain thereby, and Tenant shall not be entitled to any compensation therefore, nor abatement or diminution of rent, nor shall the same release Tenant from its obligations hereunder, nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred as a result of any breach by Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or willful improper conduct of the Tenant, Tenant’s agents, contractors, employees, invitees or licensees. Tenant’s liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconduct. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilitieswithheld, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered conditioned or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerdelayed.

Appears in 2 contracts

Samples: Agreement of Sublease (Liquid Holdings Group, Inc.), Office Lease (Liquid Holdings Group, Inc.)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, or due to, the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will shall not be liable for any such damage caused by other tenants or persons in, upon or about said building, or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, Owner’s own acts, Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys’ fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s agents, contractors, employees, invitees or licensees. Tenant’s liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsubtenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Ownerowner, will, at Tenant’s expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 2 contracts

Samples: Sub Lease Agreement (Loxo Oncology, Inc.), Sub Lease (Loxo Oncology, Inc.)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant tenants or of others entrusted to employees of the building nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, or due to, the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, Owner’s own acts, Owner shall not be liable for any damage Tenant may sustain thereby, and Tenant shall not be entitled to any compensation therefore, nor abatement or diminution of rent, nor shall the same release Tenant from its obligations Obligations hereunder, nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred as a result of any breach by Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s agents, contractors, employees, invitees or licensees. Tenant’s liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsubtenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 2 contracts

Samples: Standard Office Lease (Liquid Holdings Group LLC), Standard Office Lease (Liquid Holdings Group LLC)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, building or caused by operations in construction of any private, public or quasi quasi-public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, to Owner’s own acts, Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including including, reasonable attorney’s attorneys’ fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s agents, contractors, employees, invitees or licensees. Tenant’s liability under this lease extends to the acts and omissions of any subtenantsub-tenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsub-tenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Office Lease (Tailwind Financial Inc.)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant tenant by theft or otherwiseotherwise , nor for any injury or damage to persons or property resulting from any cause clause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, building or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, to Owner’s 's own acts, Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, obligations damages, penalties, claims, costs and expenses for which Owner owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys fees, paid paid, suffered or incurred as a result of any breach by TenantXxxxxx, Tenant’s 's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s 's agents, contractors, employees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsubtenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, will at Tenant’s 's expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Manchester Equipment Co Inc

Property Loss, Damage Reimbursement Indemnity. 8. 8) Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, or due to, the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, Owner’s own acts, Owner shall not be liable for any damage Tenant may sustain thereby, and Tenant shall not be entitled to any compensation thereforetherefor, nor abatement or diminution of rent, nor shall the same release Tenant from its obligations hereunder, nor constitute an Fan eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys’ fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s agents, contractors, employees, invitees or licensees. Tenant’s liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsubtenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Bankrate, Inc.

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, building or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closedclos-ed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, to Owner’s own acts, Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, com-pensation therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s agents, contractors, employees, invitees or licensees. Tenant’s liability under this lease extends to the acts and omissions of any subtenantsub-tenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsub-tenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s expense, resist or defend de-fend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Agreement of Lease (Iconix Brand Group, Inc.)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, or due to, the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, or caused by operations in construction of any private, public or quasi quasi-public work. If at any time any windows of the demised premises are temporarily permanently closed, darkened or bricked up (due to any reason beyond Landlord’s control or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, Owner’s own acts, Owner shall not be liable for any damage Tenant may sustain thereby, and Tenant shall not be entitled to any compensation therefore, nor abatement or diminution of rentFixed Annual Rent or Additional Rent, nor shall the same release Tenant from its obligations hereunder, nor constitute an eviction. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up for any reason whatsoever including, but not limited to, Owner's own acts (including, without limitation, in connection with the maintenance, operation or repair of the Building or the Demised Premises), Owner shall not be liable for any damage Tenant may sustain thereby, and Tenant shall indemnify not be entitled to any compensation therefore, nor abatement or diminution of Fixed Annual Rent or Additional Rent, nor shall the same release Tenant from its obligations hereunder, nor constitute an eviction, provided, however, to the extent same is due to Owner’s acts and within Owner’s control, Owner shall use reasonable commercial efforts to complete all such repairs and cease its obstruction of the windows of the Demised Premises (without any obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever) so as to minimize any inconvenience to Tenant’s business operations in the demised premises resulting therefrom. Owner may erect a sidewalk bridge, bracing, shed or scaffolding (each, a “Sidewalk Bridge”) if required by law or if required in connection with any work to be performed by Landlord at the Building and Tenant agrees that, so long as access to the Demised Premises is continued to be provided in a commercially reasonable manner, Tenant shall not be entitled to a reduction or abatement of Fixed Annual Rent or Additional Rent by reason thereof. Owner agrees that Tenant, at Tenant’s sole cost and expense, may erect a sign on the Sidewalk Bridge to advertise Tenant’s presence at the Building, subject to Tenant obtaining all required permits, licenses and/or other approvals and subject further to Landlord’s consent as to size, location, design and content of such sign. Subject to compliance with applicable laws, Owner shall cause the Sidewalk Bridge to be promptly removed when no longer necessary for completion of any specific work to be completed by or on behalf of Owner at the Building. Owner further agrees to give Tenant at least thirty (30) days’ prior notice of the installation of a Sidewalk Bridge, except in the cane of an “Emergency”. As used herein, an “Emergency” shall mean any condition if not corrected or protected promptly may cause imminent personal injury or death or imminent material property damage. Subject to delays beyond Owner’s reasonable control, and without requiring Owner to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever, Owner shall use reasonable commercial efforts to complete all such work in a timely manner. Tenant shall indemnify, and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys' fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s 's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s agents's agents , contractors, employees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsubtenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s 's expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Premier Exhibitions, Inc.

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants Tenants or persons in, upon or about said building, building or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises Demised Premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, to Owner’s 's own acts, Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an evictioneviction unless such closing or darkening of windows materially adversely affects Tenant's business operations for a period exceeding 10 business days. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s 's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s 's agents, contractors, employees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsubtenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s 's expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Agreement of Lease (Edgar Online Inc)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, or due to, the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, Owner’s own acts, . Owner shall not be liable for any damage Tenant may sustain thereby, and Tenant shall not be entitled to any compensation thereforetherefor, nor abatement or diminution of rent, nor shall the same release Tenant from its obligations hereunder, nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys’ fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s agents, contractors, employees, invitees or licensees. Tenant’s liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsubtenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Office Lease (Medidata Solutions, Inc.)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, building or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, to Owner’s own acts, Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys’ fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s agents, contractors, employees, invitees or licensees. Tenant’s liability under this lease extends to the acts and omissions of any subtenantsub-tenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsub-tenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Agreement of Lease (Finjan Holdings, Inc.)

Property Loss, Damage Reimbursement Indemnity. 8. Owner Landlord or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building Building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, or due to, the negligence or willful misconduct of Owner, its agents, servants or employees. Owner Landlord or its agents will shall not be liable for any such damage caused by other tenants or persons in, upon or about said building, Building or caused by operations in construction connection of any private, public or quasi public work. If at any time any windows of the demised premises Premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, Ownerto Landlord’s own acts, Owner Landlord shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor any abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an actual or constructive eviction. Landlord will use commercially reasonable efforts to make any repairs as a result of Lxxxxxxx’s own acts as reasonably promptly as possible with diligence so as to minimize any interference with or disturbance to Tenant and its use of the Premises pursuant hereto, provided, however Landlord shall not be required to employ labor at overtime rates. Tenant shall indemnify and indemnify, save harmless Owner and defend Landlord against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insuranceexpenses, including reasonable attorney’s fees, paid paid, suffered or incurred as a result of any breach by TenantTxxxxx, Tenant’s agents, contractors, employees, invitees, or licensees, of any covenant or condition of this leaseLease, or the carelessness, negligence acts or improper conduct omissions of the Tenant, Tenant’s agents, contractors, employees, invitees or licensees. Tenant’s liability under this lease Lease extends to the acts and omissions of any subtenant, sub-tenant of Tenant and any sub-tenant, agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach sub-tenant of this Lease or negligence or willful misconductTenant. In case any action or proceeding is brought against Owner Landlord by reason of any such claim, Tenant, upon written notice from OwnerLandlord, will, at Tenant’s expense, resist or defend such action or proceeding by counsel approved by Owner Lxxxxxxx in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Lease Agreement (Nano Nuclear Energy Inc.)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, building or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, Owner’s 's own acts, Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s 's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s 's agents, contractors, employees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions of any subtenantsub-tenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsub-tenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s 's expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: National Home Health Care Corp

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, or due to, the negligence or willful misconduct 8.1 of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, Owner’s own acts, Owner shall not be liable for any damage Tenant may sustain thereby, and Tenant shall not be entitled to any compensation therefore, nor abatement or diminution of rent, nor shall the same release Tenant from its obligations hereunder, nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys’ fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s agentsagents , contractors, employees, invitees or licensees. Tenant’s liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsubtenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Office Lease (Olo Inc.)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents Agent's shall not be liable for any damage to property of or Tenant or of others entrusted to employees of the building building, nor for loss of or damage to of any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, do to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will shall not be liable for any nay such damage caused by other tenants another Tenant, tenant's or persons in, upon or about said building, building or caused cause by operations operation in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up up, (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, to Owner’s 's own actsact, Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefore nor abatement or diminution of rent, nor shall the same release Tenant from its obligations hereunder, obligation hereunder nor constitute an on eviction. Tenant shall indemnify and save stay harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s 's fees, paid suffered paid, suffer or incurred as a result of any breach by TenantTenants, Tenant’s tenants agents, contractors, employees, invitees, or licensees, of any covenant covenants or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s tenants agents, contractors, employees, invitees invitees, or licensees. Tenant’s Tenants liability under this lease extends to the acts and omissions of any subtenantsubtenants, and any agent, contractor, employee, invitee or licensee of or any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsubtenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, will at Tenant’s Tenants expense, resist or defend such action actions or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Ijc Ventures Corp

Property Loss, Damage Reimbursement Indemnity. 8. Owner Landlord or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building Building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the gross negligence or willful misconduct of OwnerLandlord, its agents, servants servants, or employees. Owner Landlord or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, Building or caused by operations in construction of any private, public or quasi quasi-public work. If at any time any windows of the demised premises Premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, only if required by law) for any reason whatsoever including, but not limited to, Ownerto Landlord’s own acts, Owner Landlord shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner Landlord against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insuranceexpenses, including reasonable attorney’s attorneys fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of any covenant or condition of this leaseLease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s agents, contractors, employees, invitees or licensees. Tenant’s liability under this lease Lease extends to the acts and omissions of any subtenantsub-tenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsub-tenant. In case any action or proceeding is brought against Owner Landlord by reason of any such claim, Tenant, upon written notice from OwnerLandlord, will, at Tenant’s expense, resist or defend such action or proceeding by counsel approved by Owner Landlord in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect withheld, subject, however, to counsel appointed by any rights of Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred insurance carrier to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerdesignate counsel.

Appears in 1 contract

Samples: Agreement of Lease (Salon Media Group Inc)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by the theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, building or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the thc demised premises are temporarily closed, darkened or bricked up (or up(or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, to Owner’s 's own acts, ,Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insuranceexpenses, including reasonable attorney’s attorneys fees, paid paid, suffered or incurred as a result of any breach by TenantXxxxxx, Tenant’s Xxxxxx's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s 's agents, contractors, employees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions of any subtenantsub-tenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsub-tenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s 's expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer)withheld. Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurer.Exhibit 10.19

Appears in 1 contract

Samples: Emtec Inc/Nj

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant Tenant, or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, or due to, the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, Owner’s 's own acts, Owner shall not be liable for any damage Tenant may sustain thereby, and Tenant shall not be entitled to any compensation therefore, nor abatement or diminution of rent, nor shall the same release Tenant from its obligations hereunder, nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys' fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s 's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s 's agents, contractors, employees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsubtenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s 's expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Office Lease (Standard Motor Products Inc)

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Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, or due to, the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, or caused by operations in construction of any private, public or quasi quasi-public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, Owner’s own acts, Owner shall not be liable for any damage Tenant may sustain thereby, and Tenant shall not be entitled to any compensation thereforetherefor, nor abatement or diminution of rent, nor shall the same release Tenant from its obligations hereunder, nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys’ fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s agents, contractorscontactors, employees, invitees, or licensees, licensees of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s agents, contractors, employees, invitees or licensees. Tenant’s liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsubtenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurer.withheld,

Appears in 1 contract

Samples: Agreement of Lease (Thorne Healthtech, Inc.)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, building or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, to Owner’s 's own acts, Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s 's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or to the extent resulting from the carelessness, negligence or improper conduct of the Tenant, Tenant’s 's agents, contractors, employees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions of any subtenantsub-tenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsub-tenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s 's expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed selected by Tenant’s insurer), subject to the reasonable approval of Owner. Owner shall indemnify agrees to obtain and save harmless Tenant against maintain casualty and from all liabilities, obligations, damages, penalties, claims, costs liability insurance in amounts and expenses for which Tenant shall not be reimbursed pursuant to policies normally maintained by insurance, including reasonable attorney’s fees, paid suffered or incurred to owners of similar buildings in similar locations within the extent caused by the negligence or willful misconduct City of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerNew York.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Thestreet Com)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building nor building, Or for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its to agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, building or caused by be operations in construction of any private, public or quasi public pubic work. If at any time any windows of the demised premises are temporarily closed, . darkened or bricked backed up (or permanently closed, . darkened or bricked up, up if required by law) for any reason whatsoever including, . but not limited to, to Owner’s 's own acts, Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, tberefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilitiesliabihues, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys fees,. paid, paid suffered or incurred as a result of any breach by Tenant, Tenant’s 's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, . Tenant’s 's agents, contractors, employees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions ommissions of any subtenantsub-tenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsub-tenant. In case any action or proceeding is brought against Owner by reason of any such claim, . Tenant, upon written notice from Owner, will, at Tenant’s 's expense, resist or defend such action or proceeding by counsel approved by Owner in writingwaung, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Allstate Financial Corp /Va/

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, building or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, to Owner’s 's own acts, Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s 's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s 's agents, contractors, employees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions of any subtenantsub-tenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsub-tenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s 's expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Organic Inc

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant or of others entrusted to employees of the building, nor for the loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, building or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, to Owner’s own acts, Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s agents, contractors, employees, invitees or licensees. Tenant’s liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsub-tenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer)withheld. Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurer.SEE ARTICLE 43 OF RIDER

Appears in 1 contract

Samples: Plant Lease Agreement (Bit Brother LTD)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants Tenants or persons in, upon or about said building, building or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises Demised Premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, to Owner’s own acts, Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s agents, contractors, employees, invitees, or licensees, of any covenant or condition of this leaseLease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s agents, contractors, employees, invitees or licensees. Tenant’s liability under this lease Lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsubtenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Agreement of Lease (Edgar Online Inc)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building nor building, not for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, or building of caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, Owner’s own acts, 8A Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall be the same release Tenant from its obligations hereunder, hereunder nor constitute an and eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s 's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s 's agents, contractors, employeesinvitees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions of any subtenantsub-tenant, and any agent, contractor, employeeinvitee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsub-tenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written return notice from Owner, will, at Tenant’s 's expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Disturbance Agreement (American Capital Access Holdings LTD)

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, or due to, the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, Owner’s 's own acts, Owner shall not be liable for any damage Tenant may sustain thereby, and Tenant shall not be entitled to any compensation thereforetherefor, nor abatement or diminution of rent, nor shall the same release Tenant from its obligations hereunder, nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys' fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s 's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s 's agents, contractors, employees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions of any subtenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsubtenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s 's expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Source Interlink Companies Inc

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such 4 damage caused by other tenants or persons in, upon or about said building, building or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, to Owner’s 's own acts, Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s 's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s 's agents, contractors, employees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions of any subtenantsub-tenant , and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsub-tenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s 's expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Star Telecommunications Inc

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building, building or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by applicable law) for any reason whatsoever includingwhatsoever, but not limited to, beyond Owner’s own acts, 's control Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s attorneys fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s 's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct willful misconduct of the Tenant, Tenant’s 's agents, contractors, employees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions of any subtenantsub-tenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsub-tenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s 's expense, resist or defend such action or proceeding by counsel approved by Owner owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: College Television Network Inc

Property Loss, Damage Reimbursement Indemnity. 8. Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct of Owner, its agents, servants or employees. ; Owner or its agents will shall not be liable for any such damage caused by other tenants or persons in, upon or about said building, building or caused by operations in construction connection of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to, to Owner’s 's own acts, . Owner shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, or diminution of rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner shall not be reimbursed by insurance, including reasonable attorney’s 's fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s 's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s 's agents, contractors, employees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions of any subtenantsub-tenant, and any agent, contractor, employee, invitee or licensee of any subtenant caused bysub-tenant, and any agent, contractor, employee, invitee or due to breach licensee of this Lease or negligence or willful misconductany sub-tenant. In case any action or proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice from Owner, will, at Tenant’s 's expense, resist or defend such action or proceeding by counsel approved by Owner in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurerwithheld.

Appears in 1 contract

Samples: Agreement (Lifecodes Corporation)

Property Loss, Damage Reimbursement Indemnity. 8. Owner Landlord or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building Building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from any cause of whatsoever nature, unless caused by, by or due to, to the negligence or willful misconduct wilful acts of OwnerLandlord, its agents, servants or employees. Owner Landlord or its agents will shall not be liable for any such damage caused by other tenants or persons in, upon or about said building, Building or caused by operations in construction connection of any private, public or quasi public work. If at any time any windows of the demised premises Demised Premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including), but not limited to, Owner’s own acts, Owner Landlord shall not be liable for any damage Tenant may sustain thereby, thereby and Tenant shall not be entitled to any compensation therefore, therefor nor abatement or diminution of rent, rent nor shall the same release Tenant from its obligations hereunder, hereunder nor constitute an actual or constructive eviction. Tenant shall indemnify and save harmless Owner Landlord against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Owner Landlord shall not be reimbursed by insurance, including reasonable attorney’s 's fees, paid paid, suffered or incurred as a result of any breach by Tenant, Tenant’s 's agents, contractors, employees, invitees, or licensees, of any covenant or condition of this lease, or the carelessness, negligence or improper conduct of the Tenant, Tenant’s 's agents, contractors, employees, invitees or licensees. Tenant’s 's liability under this lease extends to the acts and omissions of any subtenant, sub-tenant and any sub-tenant, agent, contractor, employee, invitee or licensee of any subtenant caused by, or due to breach of this Lease or negligence or willful misconductsub-tenant. In case any action or proceeding is brought against Owner Landlord by reason of any such claim, Tenant, upon written notice from OwnerLandlord, will, at Tenant’s 's or Tenant's insurance carriers' expense, resist or defend such action or proceeding by counsel approved by Owner Landlord in writing, such approval not to be unreasonably withheld (and shall be deemed granted with respect to counsel appointed by Tenant’s insurer). Owner shall indemnify and save harmless Tenant against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for which Tenant shall not be reimbursed by insurance, including reasonable attorney’s fees, paid suffered or incurred to the extent caused by the negligence or willful misconduct of the Owner, Owner’s agents, contractors, employees, invitees or licensees. In case any action or proceeding is brought against Tenant by reason of any such claim, Owner, upon written notice from Tenant, will, at Owner’s expense, resist or defend such action or proceeding by counsel approved by Tenant in writing, such approval not to be unreasonably withheld and shall be deemed granted as to counsel appointed by Owner’s insurer.

Appears in 1 contract

Samples: Loft Lease (Sparta Commercial Services, Inc.)

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