Common use of Reciprocal Indemnity Clause in Contracts

Reciprocal Indemnity. Notwithstanding any other provisions of this Article 8 to the contrary, Lessee shall not be required to indemnify and hold Lessor, or its agents, master or ground lessor, partners or lenders harmless from any loss, cost, liability, damage or expense, including, but not limited to, penalties, fines, attorneys' fees or costs (collectively "Claims"), to any person, property or entity resulting from the negligence or willful misconduct of Lessor or its agents, contractors, servants, employees or licensees in connection with Lessor's activities in the Building (except for damage to the Lessee's tenant improvements and Lessee's personal property, fixtures, furniture and equipment in the Premises, to the extent Lessee is required to obtain insurance coverage therefor pursuant to the terms of this Lease) or the Office Building Project. Because Lessor is required to maintain insurance on the Office Building Project and Lessee compensates Lessor for such insurance as part of Lessee's Share of Operating Expenses and because of the waivers and subrogation set forth in Paragraph 8.6, Lessor hereby indemnifies and holds Lessee harmless from any Claim for damage to any property outside of the Premises to the extent such Claim is covered by such insurance (or would have been if Lessor had carried the insurance required hereunder) and is not covered by Lessee's insurance. Lessee's agreement to indemnify and hold Lessor harmless and the exclusion from Lessee's indemnity and Lessor's agreement to indemnify and hold Lessee harmless are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Lessor or Lessee, respectively, pursuant to this Lease to the extent that such policies cover the results of such acts, omissions or willful misconduct. If Lessor or Lessee has been or at any time hereafter is granted the right to self insure or if either party breaches this Lease by its failure to carry required insurance, such failure shall automatically be deemed to be a covenant and agreement by Lessor or Lessee, respectively, to self-insure to the full extent of such required coverage, with full waiver of subrogation.

Reciprocal Indemnity. Notwithstanding any other provisions of this Article 8 Lease Sections 17.1 and 17.2 to the contrary, Lessee Tenant shall not be required to indemnify and hold Lessor, or its agents, master or ground lessor, partners or lenders Landlord harmless from any loss, cost, liability, damage or expense, including, but not limited to, penalties, fines, attorneys' fees or costs (collectively "Claims"), Indemnified Claims to any person, property or entity resulting from the gross negligence or willful misconduct of Lessor Landlord or its agents, contractors, servants, employees or licensees in connection with LessorLandlord's activities in the Building (except for damage to the Lessee's tenant improvements Tenant Improvements and Lessee's Tenant’s personal property, fixtures, furniture and equipment in the Premises, to the extent Lessee Tenant is required to obtain the requisite insurance coverage therefor pursuant to the terms of this Lease) or the Office Building ProjectSite. Because Lessor Landlord shall indemnify and hold Tenant harmless from any such Indemnified Claims (but not including any loss of business, loss of profits or other consequential damages); provided, however, to the extent any damage or repair obligation is required to maintain covered by insurance on the Office Building Project and Lessee compensates Lessor for such insurance obtained by Landlord as part of Lessee's Share of Operating Expenses and because of the waivers and subrogation set forth in Paragraph 8.6Expenses, Lessor hereby indemnifies and holds Lessee harmless from any Claim for damage to any property outside of the Premises to the extent such Claim is covered by such insurance (or would have been if Lessor had carried the insurance required hereunder) and but is not covered by Lessee's insuranceinsurance obtained by Tenant, then Tenant shall be relieved of its indemnity obligation up to the amount of the insurance proceeds which Landlord is entitled to receive. LesseeTenant's agreement to indemnify and hold Lessor Landlord harmless pursuant to Section 17.2 above and the exclusion from LesseeTenant's indemnity and LessorLandlord's agreement to indemnify and hold Lessee Tenant harmless pursuant to this provision are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Lessor Landlord or LesseeTenant, respectively, pursuant to this the Lease to the extent that such policies cover the results of such acts, omissions or willful misconduct. If Lessor or Lessee has been or at any time hereafter is granted the right to self insure or if either party breaches this Lease by its failure to carry required insurance, such failure shall automatically be deemed to be a covenant and agreement by Lessor or Lessee, respectively, to self-insure to the full extent of such required coverage, with full waiver of subrogation.

Reciprocal Indemnity. Notwithstanding any other provisions of this Article 8 Lease Sections 17.1 and 17.2 to the contrary, Lessee Tenant shall not be required to indemnify and hold Lessor, or its agents, master or ground lessor, partners or lenders Landlord harmless from any loss, cost, liability, damage or expense, including, but not limited to, penalties, fines, attorneys' fees or costs (collectively "Claims"), indemnified Claims to any person, property or entity resulting from the gross negligence or willful misconduct of Lessor Landlord or its agents, contractors, servants, employees or licensees in connection with Lessor's Landlord’s activities in the Building (except for damage Premises. Subject to the Lessee's tenant improvements mutual waiver of subrogation set forth in Section 21, Landlord shall indemnify and Lessee's personal propertyhold Tenant harmless from any such indemnified Claims, fixturesas well as any indemnified Claims arising or resulting from any default by Landlord of any obligations of Landlord’s part to be performed under the terms of this Lease (but not including (In any event) any loss of business, furniture and equipment in the Premisesloss of profits or other consequential damages); provided, however, to the extent Lessee is required to obtain insurance coverage therefor pursuant to the terms of this Lease) any damage or the Office Building Project. Because Lessor is required to maintain insurance on the Office Building Project and Lessee compensates Lessor for such insurance as part of Lessee's Share of Operating Expenses and because of the waivers and subrogation set forth in Paragraph 8.6, Lessor hereby indemnifies and holds Lessee harmless from any Claim for damage to any property outside of the Premises to the extent such Claim repair obligation is covered by such insurance (or would have been if Lessor had carried the insurance required hereunder) and obtained by Landlord, but is not covered by Lessee's insuranceinsurance obtained by Tenant, then Tenant shall be relieved of its indemnify obligations up to the amount of the insurance proceeds which Landlord is entitled to receive. Lessee's Tenant’s agreement to indemnify and hold Lessor Landlord harmless pursuant to Section 17.2 above and the exclusion from Lessee's indemnity Tenant’s indemnify and Lessor's Landlord’s agreement to indemnify and hold Lessee Tenant harmless pursuant to this provision are not intended to and shall not relieve any insurance carrier of its obligations obligation under policies required to be carried by Lessor Landlord or LesseeTenant, respectively, pursuant to this the Lease to the extent that such policies cover the results of such acts, omissions or willful misconduct. If Lessor In no event shall Landlord’s indemnification or Lessee has been hold harmless obligations be construed as requiring Landlord to exempt, indemnify or at hold harmless Tenant or any time hereafter is granted other person or entity except for damages or injuries actually sustained by Tenant caused by the right to self insure acts or if either party breaches this Lease by omission of Landlord its failure to carry required insurance, such failure shall automatically be deemed to be a covenant and agreement by Lessor employees or Lessee, respectively, to self-insure to the full extent of such required coverage, with full waiver of subrogationagents.

Reciprocal Indemnity. Notwithstanding any other provisions of this Article 8 Lease Sections 17.1 and 17.2 to the contrary, Lessee Tenant shall not be required to indemnify and hold Lessor, or its agents, master or ground lessor, partners or lenders Landlord harmless from any loss, cost, liability, damage or expense, including, but not limited to, penalties, fines, attorneys' fees or costs (collectively "Claims"), Indemnified Claims to any person, property or entity resulting from the gross negligence or willful misconduct of Lessor Landlord or its agents, contractors, servants, employees or licensees in connection with Lessor's Landlord’s activities in the Building (except for damage to the Lessee's tenant improvements Tenant Changes and Lessee's Tenant’s personal property, fixtures, furniture and equipment in the Premises, to the extent Lessee Tenant is required to obtain the requisite insurance coverage therefor pursuant to the terms of this Lease) or the Office Building Project. Because Lessor is required to maintain insurance on the Office Building Project Landlord shall indemnify and Lessee compensates Lessor for such insurance as part of Lessee's Share of Operating Expenses and because of the waivers and subrogation set forth in Paragraph 8.6, Lessor hereby indemnifies and holds Lessee hold Tenant harmless from any Claim for damage to such Indemnified Claims (but not including any property outside loss of the Premises business, loss of profits or other consequential damages); provided, however, to the extent such Claim any damage or repair obligation is covered by such insurance (or would have been if Lessor had carried the insurance required hereunder) and obtained by Landlord, but is not covered by Lessee's insuranceinsurance obtained by Tenant, then Tenant shall be relieved of its indemnity obligation up to the amount of the insurance proceeds which Landlord is entitled to receive. Lessee's Tenant’s agreement to indemnify and hold Lessor Landlord harmless pursuant to Section 17.2 above and the exclusion from Lessee's Tenant’s indemnity and Lessor's Landlord’s agreement to indemnify and hold Lessee Tenant harmless pursuant to this provision are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Lessor Landlord or LesseeTenant, respectively, pursuant to this the Lease to the extent that such policies cover the results of such acts, omissions or willful misconduct. If Lessor or Lessee has been or at any time hereafter is granted the right to self insure or if either party breaches this Lease by its failure to carry required insurance, such failure shall automatically be deemed to be a covenant and agreement by Lessor or Lessee, respectively, to self-insure to the full extent of such required coverage, with full waiver of subrogation.