Common use of Shell Agreement Clause in Contracts

Shell Agreement. Tenant acknowledges its obligations under the Shell Agreement, and Landlord and Tenant agree that this Agreement shall, for purposes of Section 2 of the Subordination, Non-Disturbance and Attornment Agreement among Landlord, HPT PSC Properties Trust, HPT PSC Properties LLC, Tenant and Shell entered into as of April 15, 2013 (“Shell SNDA”) in connection with the Shell Agreement, constitute a replacement “Lease”, as defined in the Shell SNDA, for the Prior Lease. Tenant shall indemnify, defend and hold Landlord harmless from and against any actual loss, damages, claims and liabilities and reasonable out-of-pocket costs and expenses incurred by Landlord as a result of any claim of a breach by Landlord under the Shell Agreement to the extent attributable to the actions of Tenant or any Affiliated Person of Tenant (and, for certainty, not of Landlord or any Affiliated Person of Landlord) during the Term, provided that Tenant shall have the right to control the defense of any such claim.