Scope of Indemnities and Waivers. Except as provided in the following sentence, the indemnities and waivers contained in Section 27 will apply regardless of the active or passive negligence or sole, joint, concurrent, or comparative negligence of any of the Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on any of the Parties. The indemnities and waivers contained in Section 27 will not apply to the extent of the percentage of liabilities that a final judgment of a court of competent jurisdiction establishes under the comparative negligence principles of the State of Arizona, that a Claim against a Party was proximately caused by the willful misconduct or negligence of that Party, provided, however, that in such event the indemnity or waiver will remain valid for all other Parties.
Scope of Indemnities and Waivers. All Indemnities, Waivers and obligations to Defend contained in this Lease are independent of, and will not be limited by, each other or any insurance obligations in this Lease (whether or not complied with) and will survive the Expiration Date.
Scope of Indemnities and Waivers. Except as provided in the following sentence, the indemnities and waivers contained in this Article 13 shall apply regardless of the active or passive negligence or sole, joint, concurrent, or comparative negligence of any of the Landlord Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on any of the Landlord Parties. The indemnities and waivers contained in this Article 13 shall not apply to the extent of the percentage of liability that a final judgment of a court of competent jurisdiction establishes under the comparative negligence principles of the state of Washington, that a Claim against a Landlord Party was proximately caused by the willful misconduct or gross negligence of that Landlord Party, provided, however, that in such event the indemnity or waiver will remain valid for all other Landlord Parties.
Scope of Indemnities and Waivers. Except as provided in the following sentence, the indemnities and waivers contained in this Article 13 shall apply regardless of the active or passive negligence or sole, joint, concurrent, or comparative negligence of any of the Landlord Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on any of the Landlord Parties. The indemnities and waivers contained in this Article 13 shall not apply to the extent of the percentage of liability that a final judgment of a court of competent jurisdiction establishes under the comparative negligence principles of the state in which the Premises are situated, that a Claim against a Landlord Party was proximately caused by the willful misconduct or gross negligence of that Landlord Party, provided, however, that in such event the indemnity or waiver will remain valid for all other Landlord Parties.
Scope of Indemnities and Waivers. Except as provided in the following sentence, the indemnities and waivers contained in Article 18 will apply regardless of the active or passive negligence or sole, joint, concurrent, or comparative negligence of any of Landlord Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on any of Landlord Parties. The indemnities and waivers contained in Article 18 will not apply to the extent of the percentage of liabilities that a final judgment of a court of competent jurisdiction establishes under the comparative negligence principles of the State of Texas, that a Claim against a Landlord Party was proximately caused by the willful’ misconduct or gross negligence of that Landlord Party; provided, however, that in such event the indemnity or waiver will remain valid for all other Landlord Parties. To the extent that Landlord’s insurance provides insurance for any such claim, then such claim will be the responsibility of the insurance company.
Scope of Indemnities and Waivers. The indemnities and waivers contained in Section 10 will not apply to the extent of the percentage of liability that a final judgment of a court of competent jurisdiction establishes under the comparative negligence principles of the State of Arizona that a Claim against a Landlord Party was proximately caused by the misconduct or negligence of that Landlord Party, provided, however, that in such event the indemnity or waiver will remain valid for all other Landlord Parties.
Scope of Indemnities and Waivers. All indemnities, waivers and obligations to defend in this Lease are independent of, and will not be limited by, each other or any insurance obligations in this Lease or damages or benefits payable under workers compensation or other employee benefit laws and will survive the expiration of the Term or earlier termination of this Lease until all damages, losses, injuries, penalties, disbursements, costs, expenses, demands, lawsuits, proceedings, litigation, causes of action (whether in contract, tort or other theory of liability, in law, equity or otherwise) and judgments against all persons and entities intended to be the beneficiary of a party's indemnity, waiver or obligation to defend are fully and finally barred by law.
Scope of Indemnities and Waivers. Except as provided in the following sentence, the indemnities and waivers contained in Article 18 will apply regardless of the active Section Two Page 22 Landlord Initials: /s/ ONB or passive negligence or sole, joint, concurrent, or comparative negligence of any of Landlord Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on any of Landlord Parties. The indemnities and waivers contained in Article 18 will not apply to the extent of the percentage of liabilities that a final judgment of a court of competent jurisdiction establishes under the comparative negligence principles of the State of Texas, that a Claim against a Landlord Party was proximately caused by the willful’ misconduct or gross negligence of that Landlord Party; provided, however, that in such event the indemnity or waiver will remain valid for all other Landlord Parties. To the extent that Landlord’s insurance provides insurance for any such claim, then such claim will be the responsibility of the insurance company.
Scope of Indemnities and Waivers. ALL INDEMNITIES, WAIVERS, AND OBLIGATIONS TO DEFEND IN THIS LEASE: (i) SHALL BE ENFORCED TO THE FULLEST EXTENT PERMITI ED BY LAW FOR THE BENEFICIARY'S BENEFIT, REGARDLESS OF ANY EXTRAORDINARY SHIFTING OF RISK, AND EVEN IF THE CLAIM IS CAUSED BY THE ACTIVE OR PASSIVE SOLE, JOINT, CONCURRENT, OR COMPARATIVE NEGLIGENCE OR TORT OF A LANDLORD PARTY, OR LIABILITY WITHOUT FAULT OR STRICT LIABILITY IS IMPOSED ON, OR ALLEGED AGAINST, THAT LANDLORD PARTY, BUT NOT TO THE EXTENT THAT A COURT OF COMPETENT JURISDICTION'S FINAL AND UNAPPEALABLE JUDGMENT FINDS THAT THE LANDLORD PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT CAUSED THE CLAIM; (fi) ARE INDEPENDENT OF, AND SHALL NOT BE LIMITED BY, EACH OTHER OR ANY INSURANCE OBLIGATIONS IN THIS LEASE (WHETHER OR NOT COMPLIED WITH); AND (iii) SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS LEASE UNTIL ALL CLAIMS AGAINST A LANDLORD OR TENANT PARTY ARE TIME-BARRED UNDER APPLICABLE LAW. IT IS THE EXPRESS INTENTION OF BOTH LANDLORD AND TENANT THAT EACH PARTY'S OBLIGATION TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AN INDEMNIFIED PARTY PURSUANT TO THIS SECTION 18 SHALL APPLY TO LOSS, DAMAGE, AND INJURY CAUSED BY THE NEGLIGENCE (WHEN CONTRIBUTORY) OF SUCH INDEMNIFIED PARTY (BUT NOT THE SOLE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH INDEMNIFIED PARTY). LANDLORD AND TENANT EACH EXECUTED THIS LEASE IN MATERIAL RELIANCE ON THE INCLUSION OF EACH INDEMNITY AND WAIVER IN THIS LEASE, INCLUDING ANY EXTRAORDINARY SHIFTING OF RISK.
Scope of Indemnities and Waivers. It is the intent of Lessor and Lessee that the indemnities and waivers contained in this PARAGRAPH 14 shall apply regardless of the active or passive negligence or sole, joint, concurrent, or comparative negligence of any of the Lessor Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on any of the Lessor Parties. The indemnities and waivers contained in this PARAGRAPH 14 shall apply even if a Claim against a Lessor Party was proximately caused by the negligence of that Lessor Party, but only to the extent of insurance (or self insurance) maintained (or required to be maintained) by Lessee under this Lease.
