Tenant Indemnification. Landlord will indemnify and save Tenant harmless from and against any and all claims, actions, damages, liability and expense relating to loss of life, personal injury and/or property damage arising from or out of any occurrence in, upon or at the Premises, or the occupancy or Landlord's use of the Property, occasioned wholly or in part by any acts or omissions of Landlord and its Agents. If Tenant becomes a party to such litigation commenced by or against Landlord, Landlord shall defend and hold Tenant harmless from all claims, liabilities, costs and expenses, and shall pay all costs, expenses and reasonable legal fees incurred by Tenant in connection with such litigation. If Landlord is made a party to litigation commenced by or against Tenant solely as a result of Tenant's acts or omissions, Tenant shall defend Landlord and indemnify Landlord against the costs of such litigation. As used herein, "litigation" includes arbitration. The provisions of this paragraph shall be deemed to apply only to those circumstances where there is a portion of a loss or claim not covered by existing insurance and then only to the extent that such loss or claim is not covered by insurance. This paragraph shall not preclude application of comparative negligence if the parties or their agents are both at fault.
Appears in 3 contracts
Samples: Pixar \Ca\, Sangamo Biosciences Inc, Pixar \Ca\
Tenant Indemnification. Landlord will indemnify and save Tenant harmless from and against any and all claims, actions, damages, liability and expense relating to loss of life, personal injury and/or property damage arising from or out of any occurrence in, upon or at the Premises, or the occupancy or of Landlord's use of the Property, to the extent occasioned wholly or in part by any acts or omissions of Landlord and its Agents. If Tenant becomes a party to such litigation Litigation commenced by or against Landlord, Landlord shall defend and hold Tenant harmless from all claims, liabilities, costs and expenses, and shall pay all costs, expenses and reasonable legal fees incurred by Tenant in connection with such litigationLitigation. If Landlord is made a party to litigation Litigation commenced by or against Tenant solely as a result of acts or omissions by Tenant and/or Tenant's acts or omissionsagents, Tenant shall defend Landlord and indemnify Landlord against the costs of costs, expenses and reasonable attorney's fees incurred by Landlord in connection with such litigation. As used herein, "litigation" includes arbitrationLitigation. The provisions of this paragraph Paragraph shall be deemed to apply only to those circumstances where there is a portion of a loss or claim is not covered by existing insurance and then only to the extent that such loss or claim is not covered by insurance. This paragraph Paragraph shall not preclude application of comparative negligence if the parties or their agents are both at fault.
Appears in 1 contract
Samples: Quadramed Corp