Common use of Subtenant’s Indemnity Clause in Contracts

Subtenant’s Indemnity. Other than in respect of the Excluded Liability, the Subtenant shall indemnify and save harmless the Released Persons (as defined above) against and from any and all expenses, costs, damages, suits, actions or liabilities and from all costs, counsel fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon (collectively, "Damages") arising out of any default by the Subtenant hereunder, and from all claims and demands of every kind and nature made by any person or persons to or against the Released Persons, for all and every manner of costs, damages or expenses incurred by or injury or damage to such person or persons or his, her or their property, which claims or demands may arise howsoever out of: (1) the use or occupation of the Demised Premises by the Subtenant, its employees, invitees or those for whom the Subtenant is at law responsible; (2) the use or occupation of the Headlandlord Lands by the Subtenant, its employees, invitees or those for whom the Subtenant is at law responsible, (3) the failure of the Subtenant, its consultants, contractors, subcontractors, suppliers, agents, servants, employees or Subtenant's Representatives to exercise the care, skill or diligence required under this Sublease, and all Applicable Laws, in carrying out any Subtenant's Work, or any aspect thereof; (4) all insured and uninsured damage to property installed, property in transit and contractors' tools and equipment caused by the Subtenant or those for whom the Subtenant is at law responsible while carrying out any Subtenant's Work; (5) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Headlandlord, Sublandlord or those for whom the each are in law responsible; (6) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Subtenant or those for whom the Subtenant is in law responsible; (7) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Sublease or unless expressly stated in this Sublease to be the responsibility of the Sublandlord. Without limiting the generality of the foregoing, the Subtenant is not responsible for any costs incurred by the Sublandlord with respect to the preparation and/or review of such documentation required by the Sublandlord to give effect to this Sublease unless expressly stated to be the responsibility of the Subtenant; and (8) any appeal of an assessment of Taxes made by the Subtenant, excluding any financial loss of the Sublandlord or the Headlandlord due to a reduction in the amount of Taxes payable by the Subtenant resulting from such appeal being successful, excluding to the extent that such Damages are caused by any act of omission of the Released Persons. This section shall survive the termination or expiry of this Sublease, any provisions in this Sublease to the contrary notwithstanding.

Appears in 1 contract

Samples: Sublease

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Subtenant’s Indemnity. Other than in respect of the Excluded Liability, the Sublandlord's Indemnity. --------------------------------------------------- Subtenant shall defend, indemnify and save hold harmless the Released Persons (as defined above) Sublandlord, its partners, employees, and agents, and Master Landlord, from and against and from any and all expensesclaims, costsliabilities, suits, judgments, awards, damages, suitslosses, actions or liabilities fines, penalties, costs and from all costsexpenses, counsel including reasonable attorney's fees, expenses that Sublandlord, its partners, employees and liabilities incurred in agents, and Master Landlord may suffer, incur or about any such claim be liable for by reason of or any action or proceeding brought thereon (collectively, "Damages") arising out of or related to the breach by Subtenant of any default by of the duties, obligations, liabilities or covenants applicable to Subtenant hereunder, any alterations, additions or modifications made to the Premises by Subtenant without all required consents or Subtenant's negligence or willful misconduct. Likewise, Sublandlord shall defend, indemnify and hold harmless Subtenant, its partners, employees, and agents, from and against any and all claims claims, liabilities, suits, judgments, awards, damages, losses, fines, penalties, costs and demands expenses, including reasonable attorney's fees, that Subtenant, its employees and agents, may suffer, incur or be liable for by reason of every kind and nature made or arising out of or related to the breach by any person or persons to or against the Released Persons, for all and every manner Sublandlord of costs, damages or expenses incurred by or injury or damage to such person or persons or his, her or their property, which claims or demands may arise howsoever out of: (1) the use or occupation any of the Demised Premises by the Subtenantduties, its employeesobligations, invitees liabilities or those for whom the Subtenant is at law responsible; (2) the use or occupation of the Headlandlord Lands by the Subtenant, its employees, invitees or those for whom the Subtenant is at law responsible, (3) the failure of the Subtenant, its consultants, contractors, subcontractors, suppliers, agents, servants, employees or Subtenant's Representatives covenants applicable to exercise the care, skill or diligence required Sublandlord under this Sublease, (2) any of Sublandlord's duties, obligations, liabilities or covenants under the Master Lease, (3) Sublandlord's gross negligence of willful misconduct, and all Applicable Laws, in carrying out any Subtenant's Work, or any aspect thereof; (4) all insured and uninsured damage any liabilities or causes of action arising prior to property installed, property in transit and contractors' tools and equipment caused by the Subtenant or those for whom Commencement Date provided that the Subtenant breach is at law responsible while carrying out any not a result of Subtenant's Work; (5) any personal or bodily injury failure to any person or persons, including death, resulting at any time upon or occurring in or about perform and/or satisfy its obligations under the Demised Premises, unless caused by the negligence of the Headlandlord, Sublandlord or those for whom the each are in law responsible; (6) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Subtenant or those for whom the Subtenant is in law responsible; (7) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Sublease or unless expressly stated in this Sublease to be the responsibility of the SublandlordSublease. Without limiting the generality of the foregoing, the Subtenant is not responsible for any costs incurred by the Sublandlord with respect to the preparation and/or review of such documentation required by the Sublandlord to give effect to this Sublease unless expressly stated to be the responsibility of the Subtenant; and (8) any appeal of an assessment of Taxes made by the Subtenant, excluding any financial loss of the Sublandlord or the Headlandlord due to a reduction in the amount of Taxes payable by the Subtenant resulting from such appeal being successful, excluding to the extent that such Damages are caused by any act of omission of the Released Persons. This section The foregoing indemnification shall survive the termination or expiry of this Sublease, any provisions in this Sublease to the contrary notwithstanding.

Appears in 1 contract

Samples: Sublease (Cypress Bioscience Inc)

Subtenant’s Indemnity. Other than in respect Without limiting the indemnity provisions of Section 13.a of the Excluded LiabilityMaster Lease, the as incorporated herein by reference, Subtenant agrees that it shall indemnify indemnify, defend, protect, and save harmless the Released Persons (as defined above) against hold Sublandlord and from any its officers, agents, employees, successors and all expenses, costs, damages, suits, actions or liabilities and from all costs, counsel fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon assigns (collectively, "Damages"“Sublandlord’s Agents”) arising out and Master Landlord harmless from and against all claims, demands, actions, causes of action, losses and expenses (collectively “Claims”) which may be brought against Sublandlord, Sublandlord’s Agents or Master Landlord or which Sublandlord, Sublandlord’s Agents or Master Landlord may pay or incur by reason of any breach or default of this Sublease by the Subtenant hereunder, and from all claims and demands of every kind and nature made by any person or persons to or against the Released Persons, for all and every manner of costs, damages or expenses incurred by or injury or damage to such person or persons or his, her or their property, which claims or demands may arise howsoever out of: (1) the use or occupation of the Demised Premises by the Subtenant, its a misrepresentation by Subtenant with respect to any matter set forth herein, or the acts, omissions, negligence or willful misconduct of Subtenant or Subtenant’s employees, invitees or those for whom the Subtenant is at law responsible; (2) the use or occupation of the Headlandlord Lands by the Subtenant, its employees, invitees or those for whom the Subtenant is at law responsible, (3) the failure of the Subtenant, its consultantsagents, contractors, subcontractors, suppliers, agents, servants, employees or Subtenant's Representatives to exercise the care, skill or diligence required under this Sublease, and all Applicable Laws, in carrying out any Subtenant's Work, or any aspect thereof; (4) all insured and uninsured damage to property installed, property in transit and contractors' tools and equipment caused by the Subtenant or those for whom the Subtenant is at law responsible while carrying out any Subtenant's Work; (5) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring invitees in or about the Demised Premises, unless except to the extent that any such Claim is caused by the gross negligence or willful misconduct of the Headlandlord, Sublandlord or those for whom the each are in law responsible; (6) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Subtenant or those for whom the Subtenant is in law responsible; (7) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Sublease or unless expressly stated in this Sublease to be the responsibility of the Sublandlord’s Agents. Without limiting the generality of the foregoing, Subtenant shall indemnify, defend, protect and hold Sublandlord, Sublandlord’s Agents and Master Landlord harmless from and against any Claims which may be brought against Sublandlord, Sublandlord’s Agents or Master Landlord or which Sublandlord, Sublandlord’s Agents or Master Landlord may pay or incur by reason of any violation of any laws by Subtenant or its employees, agents or contractors during the Subtenant is not responsible for any costs incurred by the Sublandlord with respect to the preparation and/or review of such documentation required by the Sublandlord to give effect to this Sublease unless expressly stated to be the responsibility of the Subtenant; and (8) any appeal of an assessment of Taxes made by the Subtenant, excluding any financial loss of the Sublandlord or the Headlandlord due to a reduction in the amount of Taxes payable by the Subtenant resulting from such appeal being successful, excluding to the extent that such Damages are caused by any act of omission of the Released Persons. This section shall survive the termination or expiry of this Sublease, any provisions in this Sublease to the contrary notwithstandingTerm.

Appears in 1 contract

Samples: Sublease (Renovis Inc)

Subtenant’s Indemnity. Other than in respect Subtenant agrees (i) to comply with all provisions of this Sublease and, to the extent incorporated into this Sublease, the Prime Lease; and (ii) to perform all the obligations on the part of the Excluded Liability“Tenant” to be performed under the terms of the Prime Lease with respect to the Demised Premises to the extent incorporated herein. In addition to Subtenant’s other indemnification obligations hereunder, the Subtenant shall indemnify indemnify, defend, and save hold Sublandlord free and harmless the Released Persons (as defined above) from and against and from any and all expenses, costs, damages, suits, actions or liabilities and from all costs, counsel fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon (collectively, "Damages") arising out of any default by the Subtenant hereunder, and from all claims and demands related liabilities, judgments, causes of every kind and nature made by any person or persons to or against the Released Persons, for all and every manner of costsaction, damages or (including reasonable attorneys’ fees), costs and expenses incurred by or injury claimed against Sublandlord to the extent arising out of (i) any default by Subtenant under this Sublease (through no fault of Sublandlord); (ii) any default by Subtenant under the Prime Lease (through no fault of Sublandlord), to the extent incorporated into this Sublease; (iii) the gross negligence of willful misconduct of Subtenant or any of its agents, employees, contractors or invitees, and/or (iv) any accident, injury, or damage to such any person or persons property occurring on or his, her or their property, which claims or demands may arise howsoever out of: (1) after the use or occupation of Delivery Date within the Demised Premises Premises, except to the extent caused by the Subtenantnegligence or willful misconduct of Sublandlord, its agents, employees, invitees or those contractors. Sublandlord shall provide notice to Subtenant of any claim for whom which it is seeking indemnification hereunder promptly after it actually becomes aware of such claim, and Subtenant shall defend such claim with counsel reasonably acceptable to Sublandlord. Sublandlord shall, at Subtenant’s sole cost and expense, cooperate with Subtenant in the Subtenant is at law responsible; prosecution of such defense. The indemnification obligations set forth in this Section and elsewhere in this Sublease (2and the Prime Lease to the extent incorporated herein) shall survive the use expiration or occupation earlier termination of the Headlandlord Lands by the Subtenant, its employees, invitees or those for whom the Subtenant is at law responsible, (3) the failure of the Subtenant, its consultants, contractors, subcontractors, suppliers, agents, servants, employees or Subtenant's Representatives to exercise the care, skill or diligence required under this Sublease, and all Applicable Laws, in carrying out any Subtenant's Work, or any aspect thereof; (4) all insured and uninsured damage to property installed, property in transit and contractors' tools and equipment caused by the Subtenant or those for whom the Subtenant is at law responsible while carrying out any Subtenant's Work; (5) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Headlandlord, Sublandlord or those for whom the each are in law responsible; (6) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Subtenant or those for whom the Subtenant is in law responsible; (7) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Sublease or unless expressly stated no indemnification set forth in this Sublease to be the responsibility of the Sublandlord. Without limiting the generality of the foregoingor, as between Sublandlord and Subtenant, the Subtenant is not responsible Prime Lease, shall include the obligation to indemnify either for any costs incurred by punitive damages or, (excluding the Sublandlord with respect to the preparation and/or review of such documentation required by the Sublandlord to give effect to this Sublease unless expressly stated to be the responsibility of the Subtenant; and indemnification set forth in Section 25 below), for consequential damages (8) any appeal of an assessment of Taxes made by the Subtenante.g., excluding any financial loss of the Sublandlord lost profits or the Headlandlord due to a reduction in the amount of Taxes payable by the Subtenant resulting from such appeal being successful, excluding to the extent that such Damages are caused by any act of omission of the Released Persons. This section shall survive the termination or expiry of this Sublease, any provisions in this Sublease to the contrary notwithstanding.lost business

Appears in 1 contract

Samples: Sublease Agreement (Mercury Interactive Corp)

Subtenant’s Indemnity. Other than in respect Except to the extent that Sublandlord waives such claims under the terms of the Excluded LiabilitySection 10(b) above, Subtenant agrees to protect, defend, indemnify and hold Sublandlord and its trustees, members, principals, beneficiaries, partners, officers, directors, shareholders and employees (collectively, the Subtenant shall indemnify and save “Sublandlord Related Parties”) harmless the Released Persons (as defined above) against and from any and all expensesliabilities, obligations, damages, penalties, claims, actions, costs, damagesliens, suitscharges and expenses, actions or liabilities including, without limitation, reasonable attorneys’ fees and from all costsother professional fees (if and to the extent permitted by Law) (collectively referred to as “Losses”), counsel feeswhich may be imposed upon, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon (collectively, "Damages") arising out of any default by the Subtenant hereunder, and from all claims and demands of every kind and nature made by any person or persons to or against the Released Persons, for all and every manner of costs, damages or expenses incurred by or injury asserted against Sublandlord or damage any of the Sublandlord Related Parties, or for which Sublandlord may be liable to such person or persons or hisMaster Landlord, her or their property, which claims or demands may arise howsoever out of: arising from (1a) the use use, modification or occupation occupancy of the Demised Premises by Sublease Premises, and (b) the acts or omissions of Subtenant, its employees, invitees agents or those for whom the Subtenant is at law responsible; (2) the use or occupation of the Headlandlord Lands by the Subtenantcontractors, its employeesmembers, trustees, principals, beneficiaries, partners, officers, directors, shareholders, invitees or those for whom licensees (collectively, the Subtenant is at law responsible, (3) Related Parties”). Subtenant’s obligations to protect, defend, indemnify and hold harmless Sublandlord and the failure of the Subtenant, its consultants, contractors, subcontractors, suppliers, agents, servants, employees or Subtenant's Representatives to exercise the care, skill or diligence required Sublandlord Related Parties under this Sublease, and all Applicable Laws, Section 10(c) are in carrying out no way conditioned upon either (i) Subtenant’s or any Subtenant's WorkSubtenant Related Party’s acts or omissions being a cause of any underlying Losses, or any aspect thereof; (4ii) all insured and uninsured damage to property installed, property in transit and contractors' tools and equipment caused by the Subtenant or those for whom the Subtenant is at law responsible while carrying out any Subtenant's Work; (5) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Headlandlord, Sublandlord or those for whom the each are any Sublandlord Related Parties being free of negligence or wrongful conduct in law responsible; (6) any contractconnection therewith; provided, lienhowever, mortgage, charge that Subtenant shall not be required to indemnify or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Subtenant or those for whom the Subtenant is in law responsible; (7) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Sublease or unless expressly stated in this Sublease to be the responsibility of the Sublandlord. Without limiting the generality of the foregoing, the Subtenant is not responsible for any costs incurred by the hold Sublandlord with respect to the preparation and/or review of such documentation required by the Sublandlord to give effect to this Sublease unless expressly stated to be the responsibility of the Subtenant; and (8) any appeal of an assessment of Taxes made by the Subtenant, excluding any financial loss of the Sublandlord or the Headlandlord due to a reduction in the amount of Taxes payable by the Subtenant resulting from such appeal being successful, excluding harmless to the extent that such Damages are caused by Sublandlord’s negligence or willful misconduct is the cause of any act Losses. The provisions of omission of the Released Persons. This section this Section 10(c) shall survive the expiration or any earlier termination or expiry of this Sublease, any provisions in this Sublease to the contrary notwithstanding.

Appears in 1 contract

Samples: Sublease (Dendreon Corp)

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Subtenant’s Indemnity. Other than in respect of the Excluded Liability, the Sublandlord's Indemnity. ---------------------------------------------- Subtenant shall defend, indemnify and save hold harmless the Released Persons (as defined above) Sublandlord, its partners, employees, and agents, and Master Landlord, from and against and from any and all expensesclaims, costsliabilities, suits, judgments, awards, damages, suitslosses, actions or liabilities fines, penalties, costs and from all costsexpenses, counsel including reasonable attorney's fees, expenses that Sublandlord, its partners, employees and liabilities incurred in agents, and Master Landlord may suffer, incur or about any such claim be liable for by reason of or any action or proceeding brought thereon (collectively, "Damages") arising out of or related to the breach by Subtenant of any default by of the duties, obligations, liabilities or covenants applicable to Subtenant hereunder, any alterations, additions or modifications made to the Premises by Subtenant without all required consents or Subtenant's negligence or willful misconduct. Likewise, Sublandlord shall defend, indemnify and hold harmless Subtenant, its partners, employees, and agents, from and against any and all claims claims, liabilities, suits, judgments, awards, damages, losses, fines, penalties, costs and demands expenses, including reasonable attorney's fees, that Subtenant, its employees and agents, may suffer, incur or be liable for by reason of every kind and nature made or arising out of or related to the breach by any person or persons to or against the Released Persons, for all and every manner Sublandlord of costs, damages or expenses incurred by or injury or damage to such person or persons or his, her or their property, which claims or demands may arise howsoever out of: (1) the use or occupation any of the Demised Premises by the Subtenantduties, its employeesobligations, invitees liabilities or those for whom the Subtenant is at law responsible; (2) the use or occupation of the Headlandlord Lands by the Subtenant, its employees, invitees or those for whom the Subtenant is at law responsible, (3) the failure of the Subtenant, its consultants, contractors, subcontractors, suppliers, agents, servants, employees or Subtenant's Representatives covenants applicable to exercise the care, skill or diligence required Sublandlord under this Sublease, (2) any of Sublandlord's duties, obligations, liabilities or covenants under the Master Lease, (3) Sublandlord's gross negligence of willful misconduct, and all Applicable Laws, in carrying out any Subtenant's Work, or any aspect thereof; (4) all insured and uninsured damage any liabilities or causes of action arising prior to property installed, property in transit and contractors' tools and equipment caused by the Subtenant or those for whom Commencement Date provided that the Subtenant breach is at law responsible while carrying out any not a result of Subtenant's Work; (5) any personal or bodily injury failure to any person or persons, including death, resulting at any time upon or occurring in or about perform and/or satisfy its obligations under the Demised Premises, unless caused by the negligence of the Headlandlord, Sublandlord or those for whom the each are in law responsible; (6) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Subtenant or those for whom the Subtenant is in law responsible; (7) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Sublease or unless expressly stated in this Sublease to be the responsibility of the SublandlordSublease. Without limiting the generality of the foregoing, the Subtenant is not responsible for any costs incurred by the Sublandlord with respect to the preparation and/or review of such documentation required by the Sublandlord to give effect to this Sublease unless expressly stated to be the responsibility of the Subtenant; and (8) any appeal of an assessment of Taxes made by the Subtenant, excluding any financial loss of the Sublandlord or the Headlandlord due to a reduction in the amount of Taxes payable by the Subtenant resulting from such appeal being successful, excluding to the extent that such Damages are caused by any act of omission of the Released Persons. This section The foregoing indemnification shall survive the termination or expiry of this Sublease, any provisions in this Sublease to the contrary notwithstanding.

Appears in 1 contract

Samples: Sublease Agreement (Concur Technologies Inc)

Subtenant’s Indemnity. Other than in respect Subtenant agrees (i) to comply with all provisions of this Sublease and, to the extent incorporated into this Sublease, the Prime Lease; and (ii) to perform all the obligations on the part of the Excluded Liability“Tenant” to be performed under the terms of the Prime Lease with respect to the Demised Premises to the extent incorporated herein. In addition to Subtenant’s other indemnification obligations hereunder, the Subtenant shall indemnify indemnify, defend, and save hold Sublandlord free and harmless the Released Persons (as defined above) from and against and from any and all expenses, costs, damages, suits, actions or liabilities and from all costs, counsel fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon (collectively, "Damages") arising out of any default by the Subtenant hereunder, and from all claims and demands related liabilities, judgments, causes of every kind and nature made by any person or persons to or against the Released Persons, for all and every manner of costsaction, damages or (including reasonable attorneys’ fees), costs and expenses incurred by or injury claimed against Sublandlord to the extent arising out of (i) any default by Subtenant under this Sublease (through no fault of Sublandlord); (ii) any default by Subtenant under the Prime Lease (through no fault of Sublandlord), to the extent incorporated into this Sublease; (iii) the gross negligence of willful misconduct of Subtenant or any of its agents, employees, contractors or invitees, and/or (iv) any accident, injury, or damage to such any person or persons property occurring on or his, her or their property, which claims or demands may arise howsoever out of: (1) after the use or occupation of Delivery Date within the Demised Premises Premises, except to the extent caused by the Subtenantnegligence or willful misconduct of Sublandlord, its agents, employees, invitees or those contractors. Sublandlord shall provide notice to Subtenant of any claim for whom which it is seeking indemnification hereunder promptly after it actually becomes aware of such claim, and Subtenant shall defend such claim with counsel reasonably acceptable to Sublandlord. Sublandlord shall, at Subtenant’s sole cost and expense, cooperate with Subtenant in the Subtenant is at law responsible; prosecution of such defense. The indemnification obligations set forth in this Section and elsewhere in this Sublease (2and the Prime Lease to the extent incorporated herein) shall survive the use expiration or occupation earlier termination of the Headlandlord Lands by the Subtenant, its employees, invitees or those for whom the Subtenant is at law responsible, (3) the failure of the Subtenant, its consultants, contractors, subcontractors, suppliers, agents, servants, employees or Subtenant's Representatives to exercise the care, skill or diligence required under this Sublease, and all Applicable Laws, in carrying out any Subtenant's Work, or any aspect thereof; (4) all insured and uninsured damage to property installed, property in transit and contractors' tools and equipment caused by the Subtenant or those for whom the Subtenant is at law responsible while carrying out any Subtenant's Work; (5) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Headlandlord, Sublandlord or those for whom the each are in law responsible; (6) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Subtenant or those for whom the Subtenant is in law responsible; (7) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Sublease or unless expressly stated no indemnification set forth in this Sublease to be the responsibility of the Sublandlord. Without limiting the generality of the foregoingor, as between Sublandlord and Subtenant, the Subtenant is not responsible Prime Lease, shall include the obligation to indemnify either for any costs incurred by punitive damages or, (excluding the Sublandlord with respect to the preparation and/or review of such documentation required by the Sublandlord to give effect to this Sublease unless indemnification set forth in Section 25 below), for consequential damages (e.g., lost profits or lost business opportunity). In addition, except as expressly stated to be the responsibility of the Subtenant; and (8) any appeal of an assessment of Taxes made by the Subtenant, excluding any financial loss of the Sublandlord or the Headlandlord due to a reduction provided otherwise in the amount of Taxes payable by the Subtenant resulting from such appeal being successful, excluding to the extent that such Damages are caused by any act of omission of the Released Persons. This section shall survive the termination or expiry of this Sublease, neither party shall have any provisions in liability to the other party hereunder for any indirect, consequential, or punitive damages. Subtenant covenants and agrees that Subtenant will not do anything which would constitute a default under the Prime Lease or omit to do anything which Subtenant is obligated to do under the terms of this Sublease to and which would constitute a default under the contrary notwithstandingPrime Lease.

Appears in 1 contract

Samples: Sub Sublease (Reliant Technologies Inc)

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