Common use of Tenant Indemnification of Landlord Clause in Contracts

Tenant Indemnification of Landlord. Tenant covenants and agrees to protect, indemnify, defend and save Landlord and Landlord’s partners, 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 (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; (b) any act or omission of Tenant or Tenant’s agents, officers, employees contractors, representatives or any other person entering upon the Demised Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”); (c) any use which may be made of, or condition existing upon, the Demised Premises; by Tenant any improvements, fixtures or equipment upon the Demised Premises, including without limitation any improvements to the Demised Premises made by Tenant or Tenant’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 law, ordinance, order, rule or regulation of governmental authorities having jurisdiction over Tenant or Tenant’s Agents; and (g) any repairs, maintenance or Changes to the Demised Premises 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 shall, at Tenant’s sole cost and expense, defend Landlord in any such action, suit or proceeding with counsel reasonably acceptable to Landlord.

Appears in 2 contracts

Samples: Lease of Space (Solera National Bancorp, Inc.), Lease of Space (Solera National Bancorp, Inc.)

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Tenant Indemnification of Landlord. Tenant covenants and agrees to protect, indemnify, defend defend, and save hold Landlord and Landlord’s partners, 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 PremisesPremises or Common Facilities; (b) any act or omission of Tenant or of Tenant’s officers, employees, agents, officersguests or invitees or of anyone claiming by, employees contractors, representatives through or any other person entering upon the Demised Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”); (c) any use which that may be made by Tenant of, or condition existing created by Xxxxxx or Xxxxxx upon, the Demised PremisesPremises or Common Facilities; by Tenant (d) any improvements, fixtures or equipment upon the Demised Premises, including without limitation any improvements to the Demised Premises made or Common Facilities installed by Tenant or Tenant’s Agents during any period prior to the Commencement Dateby Xxxxxx; (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 over by Tenant or Tenant’s Agentsofficers, 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 or its Related Parties by reason of any of the foregoing, Tenant shallwill, at Tenant’s sole cost and expense, pay all costs and expenses to defend Landlord in any such action, suit or proceeding with counsel reasonably acceptable of Landlord’s choosing. Tenant’s obligations under this Section 8.24 will not apply to Landlordany 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, defend indemnify and save Landlord and Landlord’s partners, 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 (a) any accident, injury to or death of any person or loss of or damage to any property occurring on or about the Demised PremisesPremises or the adjoining sidewalks, curbs, streets or ways; (b) any act or omission of Tenant or Tenant’s 's officers, employees, agents, officersguests or invitees or of anyone claiming by, employees contractors, representatives through or any other person entering upon the Demised Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”); (c) any use which may be made of, or condition existing upon, the Demised Premises; by Tenant (d) any improvements, fixtures or equipment upon the Demised Premises, including without limitation any improvements to the Demised Premises made by Tenant or Tenant’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 law, ordinance, order, rule or regulation of governmental authorities having jurisdiction over by Tenant or Tenant’s Agents'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 by, through or under TenantPremises. 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 shallwill, at Tenant’s 's sole cost and expense, defend Landlord in any such action, suit or proceeding with counsel reasonably acceptable to Landlordproceeding.

Appears in 2 contracts

Samples: Master Lease, Master Lease

Tenant Indemnification of Landlord. Tenant covenants ---------------------------------- and agrees to protect, indemnify, defend indemnify and save Landlord and Landlord’s partners, 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 reasonable attorneys' fees, imposed upon, incurred by or asserted against Landlord or its Related Parties by reason 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; (b) any act or omission of Tenant or Tenant’s 's officers, employees, agents, officersguests or invitees or of anyone claiming by, employees contractors, representatives through or any other person entering upon the Demised Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”); (c) any use which may be made of, or condition existing upon, the Demised Premises; by Tenant (d) any improvements, fixtures or equipment upon the Demised Premises, including without limitation any improvements to the Demised Premises made by Tenant or Tenant’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 law, ordinance, order, rule or regulation of governmental authorities having jurisdiction over by Tenant or Tenant’s Agents; '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 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 shallwill, if so directed by Landlord, at Tenant’s 's sole cost and expense, defend Landlord in any such action, suit or proceeding with counsel reasonably acceptable to Landlordproceeding.

Appears in 1 contract

Samples: Agreement of Lease (Yurie Systems Inc)

Tenant Indemnification of Landlord. Tenant covenants and agrees to protect, indemnify, defend and save the Landlord and Landlord’s partners, members, managers, employees, agents, owner representatives, property managers, beneficiaries, affiliates, successors, assigns (“Related Parties”) Parties harmless for, from and against all liability, obligations, claims, damages, penalties, causes of action, costs and expenses, including attorneys’ legal fees, imposed upon, incurred by or asserted against any of the Landlord or its Related Parties by reason 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 PremisesPremises resulting from any cause whatsoever, except to the extent caused by the negligence or willful misconduct of the Landlord Parties; (b) any act or omission of Tenant or Tenant’s agents, officers, employees contractors, representatives or any other person entering upon the Demised Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”)Responsible Party; (c) any use which may be made of, or condition existing upon, the Demised Premises, except to the extent caused by the negligence or willful misconduct of the Landlord Parties; by Tenant (d) any improvements, fixtures or equipment upon the Demised Premises, including without limitation any improvements to the Demised Premises made by Tenant or Tenant’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 agreement of Tenant contained in this Lease; (f) any violation of any law, ordinance, order, rule or regulation of governmental authorities having jurisdiction over Applicable Law by Tenant or Tenant’s Agentsany Tenant Responsible Party; and (g) any repairs, maintenance or Changes Alterations to the Demised Premises 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 shallwill, at Tenant’s sole cost and expense, defend Landlord in any such action, suit or proceeding with counsel reasonably acceptable to Landlord.proceeding. Landlord may reject use of any particular attorney(s) for good cause. Initials GE

Appears in 1 contract

Samples: Industrial Lease Agreement (Paragon 28, Inc.)

Tenant Indemnification of Landlord. Except to the extent caused by the 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 covenants and agrees to protect, indemnify, defend and save shall reimburse Landlord and Landlord’s partnersRepresentatives (as additional rent), membersand shall indemnify, managers, employees, agents, owner representatives, property managers, beneficiaries, affiliates, successors, assigns (“Related Parties”) defend upon request and hold them harmless for, from and against all liability, obligations, claims, damages, penalties, causes of action, costs and expenses, including attorneys’ fees, imposed upon, incurred Claims suffered by or asserted claimed against Landlord them, directly or its Related Parties indirectly, by reason of 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 accidentof the Amenities or other common areas of the Condominium by Tenant or its Agents or the business conducted therein, injury to or death of any person or loss of or damage to any property occurring on or about the Demised Premises; (b) any negligent or willful act or omission of Tenant or Tenant’s agentsany Agent on or about the Premises or the Condominium, officers, employees contractors, representatives or any other person entering upon the Demised Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”); (c) any use which may be made ofbreach of Tenant’s obligations under this Lease, including failure to comply with Laws or surrender the Premises upon the expiration or earlier termination of the Lease Term, or condition existing upon, the Demised Premises; by Tenant (d) any improvements, fixtures or equipment upon the Demised Premises, including without limitation any improvements to the Demised Premises made entry by Tenant or Tenant’s Agents during any period Agent upon the Land prior to the Lease Commencement Date; (e) any failure on the part of provided, however, that neither Tenant or Tenant’s Agents to perform or comply with nor any of the provisionsits Agents (nor any past, covenants present or agreements of Tenant contained in this Lease; (f) any violation of any lawfuture board member, ordinancepartner, ordertrustee, rule director, member, officer, employee, agent, representative or regulation of governmental authorities having jurisdiction over Tenant or Tenant’s Agents; and (g) any repairs, maintenance or Changes to the Demised Premises 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 advisor of any of the foregoingthem) 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 shall, at Tenant’s sole cost and expense, defend have any liability to Landlord in any such action, suit for interruption or proceeding with counsel reasonably acceptable 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.)

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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 defend, and save hold Landlord and Landlord’s partners, 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 in the Demised Premises; (b) any act or omission of Tenant or Tenant’s agents, 's officers, employees contractorsemployees, representatives or any other person entering upon the Demised Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”)agents; (c) any use which may be made of, or condition existing upon, the Demised Premises; by Tenant (d) any improvements, fixtures or equipment upon the Demised Premises, including without limitation any improvements to the Demised Premises made by Tenant or Tenant’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 law, ordinance, order, rule or regulation of governmental authorities having jurisdiction over by Tenant or Tenant’s Agents's officers, employees, or agents; 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 or its Related Parties by reason of any of the foregoing, Tenant shallwill, 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 reasonably acceptable proceeding. Notwithstanding the foregoing, Tenant shall only be obligated to Landlordindemnify Landlord to the extent such liability, obligations, claims, damages, penalties, causes of action, costs or expenses arise by reason of, or otherwise relate to, Tenant or Tenant's officers, employees, or agents, or any acts or omissions of, or conditions created by, any such persons.

Appears in 1 contract

Samples: Pharmion Corp

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, defend and save Landlord and Landlord’s partners, members, managers, employees, agents, owner representatives, property managers, beneficiaries, affiliates, successors, assigns and other related parties (“Related Parties”) harmless for, 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 (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; , (b) any act or omission of Tenant or Tenant’s agents, officers, officers or employees contractors, representatives or any other person entering upon the Demised Premises under express or implied invitation of Tenant (collectively, “Tenant’s Agents”); (c) any use which may be made of, or condition existing upon, the Demised Premises; by Tenant (d) any improvements, fixtures or equipment upon the Demised Premises, including without limitation any improvements to the Demised Premises made by Tenant or Tenant’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 law, ordinance, order, rule or regulation of governmental authorities having jurisdiction over Tenant or Tenant’s Agents; and (g) any repairs, maintenance or Changes to the Demised Premises 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 shall, at Tenant’s sole cost and expense, defend Landlord in any such action, suit or proceeding with counsel reasonably acceptable to Landlordproceeding. Tenant’s employees, officers, directors, shareholders, managers, members and partners shall have no direct liability under this Lease; without, however, limiting any other claim against such party at law or in equity.

Appears in 1 contract

Samples: Lease Option Agreement (Alliance Data Systems Corp)

Tenant Indemnification of Landlord. Subject nevertheless to the provisions of Section 8.4.10, Tenant covenants and hereby agrees to protect, indemnify, defend indemnify and save to hold harmless Landlord and Landlord’s partnersits officers, membersdirectors, managersshareholders, employees, agents, owner representatives, property managers, beneficiaries, affiliates, successors, assigns (“Related Parties”) harmless forpartners and 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 or its Related Parties by reason of the presence or release of Hazardous Substances introduced to the Premises by Tenant or any of its subtenants or any of their respective employees, contractors or invitees (aeach, a “Tenant Party”) any accident, injury to or death of any person or loss of or damage to any property occurring on or about the Demised Premises; (b) any act or omission of Tenant or Tenant’s agents, officers, employees contractors, representatives or breach of any other person entering upon of the Demised Premises under express or implied invitation provisions of Tenant (collectively, “Tenant’s Agents”); (c) any use which may be made of, or condition existing upon, the Demised Premises; by Tenant any improvements, fixtures or equipment upon the Demised Premisesthis Article 8, including without limitation limitation: (A) any improvements 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 Demised Premises made 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 Tenant’s Agents during otherwise responding to, the presence or release of any period prior Hazardous Substance introduced to the Commencement Date; Premises by any Tenant Party, (eD) 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 comply with any obligations, covenants or Tenant’s Agents to perform 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 foregoing. In no event shall this Section 8.4.9 impose on Tenant any liability for consequential damages to Landlord. Tenant's obligations under this Section shall survive the expiration or agreements earlier termination of Tenant contained in the Term of this Lease; (f) any violation of any law, ordinance, order, rule or regulation of governmental authorities having jurisdiction over Tenant or Tenant’s Agents; and (g) any repairs, maintenance or Changes to the Demised Premises 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 shall, at Tenant’s sole cost and expense, defend Landlord in any such action, suit or proceeding with counsel reasonably acceptable to Landlord.

Appears in 1 contract

Samples: Agreement of Lease (Kid Brands, Inc)

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