Tenant Indemnification of Landlord. Tenant covenants and agrees to protect, indemnify, defend, and hold Landlord harmless from and against all liability, obligations, claims, damages, penalties, causes of action, costs and expenses, including attorneys’ fees, imposed upon, incurred by or asserted against Landlord by reason of: (a) any accident, injury to or death of any person or loss of or damage to any property occurring on the Demised Premises or Common Facilities; (b) any act or omission of Tenant or of Tenant’s officers, employees, agents, guests or invitees or of anyone claiming by, through or under Tenant; (c) any use that may be made by Tenant of, or condition created by Xxxxxx or Xxxxxx upon, the Demised Premises or Common Facilities; (d) any improvements, fixtures or equipment upon the Demised Premises or Common Facilities installed by Tenant or by Xxxxxx; (e) any failure on the part of Tenant to perform or comply with any of the provisions, covenants or agreements of Tenant contained in this Lease; (f) any violation of any applicable law, ordinance, order, rule or regulation of governmental authorities having jurisdiction by Tenant or Tenant’s officers, employees, agents, guests or invitees or by anyone claiming by, through or under Tenant; and (g) any repairs, maintenance or Changes to the Demised Premises made or caused to be made by, through or under Tenant. Tenant further covenants and agrees that, in case any action, suit or proceeding is brought against Landlord by reason of any of the foregoing, Tenant will, at Tenant’s sole cost and expense, pay all costs and expenses to defend Landlord in any such action, suit or proceeding with counsel of Landlord’s choosing. Tenant’s obligations under this Section 8.24 will not apply to any liability, obligations, claims, damages, penalties, causes of action, costs and expenses, including attorneys’ fees, imposed upon, incurred by or asserted against Landlord to the extent caused or contributed by the gross negligence or willful misconduct of Landlord or its officers, agents, contractors, guests, invitees or employees.
Appears in 2 contracts
Samples: Lease (Insmed Inc), Lease (Insmed Inc)
Tenant Indemnification of Landlord. Tenant covenants and agrees to protect, indemnify, defenddefend and save Landlord and Landlord’s partners, and hold Landlord members, managers, employees, agents, owner representatives, property managers, beneficiaries, affiliates, successors, assigns (“Related Parties”) harmless for, from and against all liability, obligations, claims, damages, penalties, causes of action, costs and expenses, including attorneys’ fees, imposed upon, incurred by or asserted against Landlord or its Related Parties by reason of: of (a) any accident, injury to or death of any person or loss of or damage to any property occurring on or about the Demised Premises or Common FacilitiesPremises; (b) any act or omission of Tenant or of Tenant’s agents, officers, employeesemployees contractors, agentsrepresentatives or any other person entering upon the Demised Premises under express or implied invitation of Tenant (collectively, guests or invitees or of anyone claiming by, through or under “Tenant’s Agents”); (c) any use that which may be made by Tenant of, or condition created by Xxxxxx or Xxxxxx existing upon, the Demised Premises or Common FacilitiesPremises; (d) by Tenant any improvements, fixtures or equipment upon the Demised Premises, including without limitation any improvements to the Demised Premises or Common Facilities installed made by Tenant or by XxxxxxTenant’s Agents during any period prior to the Commencement Date; (e) any failure on the part of Tenant or Tenant’s Agents to perform or comply with any of the provisions, covenants or agreements of Tenant contained in this Lease; (f) any violation of any applicable law, ordinance, order, rule or regulation of governmental authorities having jurisdiction by over Tenant or Tenant’s officers, employees, agents, guests or invitees or by anyone claiming by, through or under TenantAgents; and (g) any repairs, maintenance or Changes to the Demised Premises made or caused to be made by, through or under Tenant. Tenant further covenants and agrees that, in case any action, suit or proceeding is brought against Landlord or its Related Parties by reason of any of the foregoing, Tenant willshall, at Tenant’s sole cost and expense, pay all costs and expenses to defend Landlord in any such action, suit or proceeding with counsel of reasonably acceptable to Landlord’s choosing. Tenant’s obligations under this Section 8.24 will not apply to any liability, obligations, claims, damages, penalties, causes of action, costs and expenses, including attorneys’ fees, imposed upon, incurred by or asserted against Landlord to the extent caused or contributed by the gross negligence or willful misconduct of Landlord or its officers, agents, contractors, guests, invitees or employees.
Appears in 2 contracts
Samples: Lease Agreement (Solera National Bancorp, Inc.), Lease Agreement (Solera National Bancorp, Inc.)
Tenant Indemnification of Landlord. Subject to Section 6.4 hereof and except to the extent caused by the negligence or willful misconduct of Landlord or its employees or agents, Tenant covenants and agrees to protect, indemnify, defenddefend and save Landlord and Landlord’s managers, employees, agents, beneficiaries, successors, assigns and hold Landlord other related parties (“Related Parties”) harmless from and against all liability, obligations, claims, damages, penalties, causes of action, costs and expenses, including attorneys’ fees, imposed upon, upon incurred by or asserted against Landlord or its Related Parties by reason of: of (a) any accident, injury to or death of any person or loss of or damage to any property occurring on or about the Demised Premises or Common Facilities; Premises, (b) any act or omission of Tenant or of Tenant’s officers, employees, agents, guests officers or invitees employees or any other person entering upon the Demised Premises under express or implied invitation of anyone claiming byTenant (collectively, through or under “Tenant’s Agents”); (c) any use that which may be made by Tenant of, or condition created by Xxxxxx or Xxxxxx existing upon, the Demised Premises or Common FacilitiesPremises; (d) any improvements, fixtures or equipment upon the Demised Premises or Common Facilities installed by Tenant or by XxxxxxPremises; (e) any failure on the part of Tenant or Tenant’s Agents to perform or comply with any of the provisions, covenants or agreements of Tenant contained in this Lease; (f) any violation of any applicable law, ordinance, order, rule or regulation of governmental authorities having jurisdiction by over Tenant or Tenant’s officers, employees, agents, guests or invitees or by anyone claiming by, through or under TenantAgents; and (g) any repairs, maintenance or Changes to the Demised Premises made or caused to be made by, through or under Tenant. Tenant further covenants and agrees that, in case any action, suit or proceeding is brought against Landlord or its Related Parties by reason of any of the foregoing, Tenant willshall, at Tenant’s sole cost and expense, pay all costs and expenses to defend Landlord in any such action, suit or proceeding with counsel of Landlord’s choosingproceeding. Tenant’s obligations employees, officers, directors, shareholders, managers, members and partners shall have no direct liability under this Section 8.24 will not apply to Lease; without, however, limiting any liability, obligations, claims, damages, penalties, causes of action, costs and expenses, including attorneys’ fees, imposed upon, incurred by other claim against such party at law or asserted against Landlord to the extent caused or contributed by the gross negligence or willful misconduct of Landlord or its officers, agents, contractors, guests, invitees or employeesin equity.
Appears in 1 contract
Tenant Indemnification of Landlord. Tenant covenants and agrees to protect, indemnify, defend, and hold Landlord harmless from and against all liability, obligations, claims, damages, penalties, causes of action, costs and expenses, including attorneys’ fees, imposed upon, incurred by or asserted against Landlord by reason of: (a) any accident, injury to or death of any person or loss of or damage to any property occurring on the Demised Premises or Common Facilities; (b) any act or omission of Tenant or of Tenant’s officers, employees, agents, guests or invitees or of anyone claiming by, through or under Tenant; (c) any use that may be made by Tenant of, or condition created by Xxxxxx or Xxxxxx upon, the Demised Premises or Common Facilities; (d) any improvements, fixtures or equipment upon the Demised Premises or Common Facilities installed by Tenant or by Xxxxxx; (e) any failure on the part of Tenant to perform or comply with any of the provisions, covenants or agreements of Tenant contained in this Lease; (f) any violation of any applicable law, ordinance, order, rule or regulation of governmental authorities having jurisdiction by Tenant or Tenant’s officers, employees, agents, guests or invitees or by anyone claiming by, through or under Tenant; and (g) any repairs, maintenance or Changes to the Demised Premises made or caused to be made by, through or under Tenant. Tenant further covenants and agrees that, in case any action, suit or proceeding is brought against Landlord by reason of any of the foregoing, Tenant will, at Tenant’s sole cost and expense, pay all costs and expenses to defend Landlord in any such action, suit or proceeding with counsel of Landlord’s choosing. Tenant’s obligations under this Section 8.24 will not apply to any liability, obligations, claims, damages, penalties, causes of action, costs and expenses, including attorneys’ fees, imposed upon, incurred by or asserted against Landlord Except to the extent caused or contributed by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives (or any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them), Tenant shall reimburse Landlord and Landlord’s Representatives (as additional rent), and shall indemnify, defend upon request and hold them harmless from and against all Claims suffered by or claimed against them, directly or indirectly, by any third party and based on or arising out of, in whole or in part, from: (a) use and occupancy of the Premises or any of the Amenities or other common areas of the Condominium by Tenant or its officersAgents or the business conducted therein, agents(b) any negligent or willful act or omission of Tenant or any Agent on or about the Premises or the Condominium, contractors(c) any breach of Tenant’s obligations under this Lease, guestsincluding failure to comply with Laws or surrender the Premises upon the expiration or earlier termination of the Lease Term, invitees or employees(d) any entry by Tenant or any Agent upon the Land prior to the Lease Commencement Date; provided, however, that neither Tenant nor any of its Agents (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable to Landlord or to any of Landlord’s Representatives or other parties indemnified hereunder for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business). In no event shall Tenant have any liability to Landlord for interruption or loss to Landlord’s business or (except as provided in Article XXII hereof) any indirect or consequential damages, or for any liability covered by any insurance policy carried (or required by this Lease to be carried) by Landlord or such person for which Landlord is fully paid (except that Tenant shall reimburse Landlord for any deductible actually paid by Landlord with respect to the same).
Appears in 1 contract
Samples: Office Lease Agreement (PTC Inc.)
Tenant Indemnification of Landlord. Subject nevertheless to the provisions of Section 8.4.10, Tenant covenants and hereby agrees to protectindemnify and to hold harmless Landlord and its officers, indemnifydirectors, defendshareholders, partners and hold Landlord harmless principals of, from and against any and all liabilityexpense, obligationsloss, claimscost, damagesclaim, penaltiesdamage, causes penalty, fine, or liability of action, costs and expenses, including attorneys’ fees, imposed upon, incurred any kind or nature suffered by or asserted against Landlord by reason of: (a) any accident, injury of the presence or release of Hazardous Substances introduced to or death of any person or loss of or damage to any property occurring on the Demised Premises or Common Facilities; (b) any act or omission of Tenant or of Tenant’s officers, employees, agents, guests or invitees or of anyone claiming by, through or under Tenant; (c) any use that may be made by Tenant of, or condition created by Xxxxxx or Xxxxxx upon, the Demised Premises or Common Facilities; (d) any improvements, fixtures or equipment upon the Demised Premises or Common Facilities installed by Tenant or by Xxxxxx; any of its subtenants or any of their respective employees, contractors or invitees (eeach, a “Tenant Party”) or Tenant’s breach of any of the provisions of this Article 8, including without limitation: (A) any and all expenses that Landlord may incur in complying with any Environmental Statutes, (B) any and all costs that Landlord may incur in studying, assessing, containing, removing, remedying, mitigating, or otherwise responding to, the presence or release of any Hazardous Substance introduced to the Premises by any Tenant Party, (C) any and all costs for which Landlord may be liable to any governmental agency for studying, assessing, containing, removing, remedying, mitigating, or otherwise responding to, the presence or release of any Hazardous Substance introduced to the Premises by any Tenant Party, (D) any and all fines or penalties assessed, or threatened to be assessed, upon Landlord by reason of a failure on the part of Tenant to perform comply with any obligations, covenants or comply conditions set forth in this Section, and (E) any and all reasonable legal fees and costs incurred by Landlord in connection with any of the provisions, covenants or agreements of foregoing. In no event shall this Section 8.4.9 impose on Tenant contained in this Lease; (f) any violation of any applicable law, ordinance, order, rule or regulation of governmental authorities having jurisdiction by Tenant or Tenant’s officers, employees, agents, guests or invitees or by anyone claiming by, through or under Tenant; and (g) any repairs, maintenance or Changes liability for consequential damages to the Demised Premises made or caused to be made by, through or under Tenant. Tenant further covenants and agrees that, in case any action, suit or proceeding is brought against Landlord by reason of any of the foregoing, Tenant will, at Tenant’s sole cost and expense, pay all costs and expenses to defend Landlord in any such action, suit or proceeding with counsel of Landlord’s choosing. Tenant’s 's obligations under this Section 8.24 will not apply to any liability, obligations, claims, damages, penalties, causes shall survive the expiration or earlier termination of action, costs and expenses, including attorneys’ fees, imposed upon, incurred by or asserted against Landlord to the extent caused or contributed by the gross negligence or willful misconduct Term of Landlord or its officers, agents, contractors, guests, invitees or employeesthis Lease.
Appears in 1 contract
Samples: Industrial Lease (Kid Brands, Inc)
Tenant Indemnification of Landlord. Subject to Section 6.6 and except for Landlord's gross negligence or willful misconduct, Tenant covenants and agrees to protect, indemnify, defend, and hold Landlord harmless from and against all liability, obligations, claims, damages, penalties, causes of action, costs and expenses, including attorneys’ ' fees, imposed upon, incurred by or asserted against Landlord by reason of: (a) any accident, injury to or death of any person or loss of or damage to any property occurring on in the Demised Premises or Common FacilitiesPremises; (b) any act or omission of Tenant or of Tenant’s 's officers, employees, or agents, guests or invitees or of anyone claiming by, through or under Tenant; (c) any use that which may be made by Tenant of, or condition created by Xxxxxx or Xxxxxx existing upon, the Demised Premises or Common FacilitiesPremises; (d) any improvements, fixtures or equipment upon the Demised Premises or Common Facilities installed by Tenant or by XxxxxxPremises; (e) any failure on the part of Tenant to perform or comply with any of the provisions, covenants or agreements of Tenant contained in this Lease; (f) any violation of any applicable law, ordinance, order, rule or regulation of governmental authorities having jurisdiction by Tenant or Tenant’s 's officers, employees, or agents, guests or invitees or by anyone claiming by, through or under Tenant; and (g) any repairs, maintenance or of Changes to the Demised Premises made or caused to be made by, through or under Tenant. Tenant further covenants and agrees that, in case any action, suit or proceeding is brought against Landlord by reason of any of the foregoing, Tenant will, at Tenant’s 's sole cost and expense, pay all costs and expenses to defend Landlord in any such action, suit or proceeding with counsel of Landlord’s choosingproceeding. Tenant’s obligations under this Section 8.24 will not apply Notwithstanding the foregoing, Tenant shall only be obligated to any indemnify Landlord to the extent such liability, obligations, claims, damages, penalties, causes of action, costs and expensesor expenses arise by reason of, including attorneys’ feesor otherwise relate to, imposed upon, incurred by Tenant or asserted against Landlord to the extent caused or contributed by the gross negligence or willful misconduct of Landlord or its Tenant's officers, employees, or agents, contractorsor any acts or omissions of, guestsor conditions created by, invitees or employeesany such persons.
Appears in 1 contract
Samples: Lease (Pharmion Corp)