Common use of Tenant’s Indemnification Obligations Clause in Contracts

Tenant’s Indemnification Obligations. Subject to the waiver of subrogation provisions in Section 14.3, the remainder of this Article XXI, and Section 26.3, and except for Losses for which Landlord is responsible pursuant to Section 21.2, Tenant, to the fullest extent permissible by Applicable Legal Requirements, agrees to release, indemnify, hold harmless and defend Landlord Indemnified Parties from and against any and all Losses to the extent arising out of (i) a Lease Assignment or Sublease made by Tenant in violation of this Lease, (ii) a Tenant Event of Default, (iii) any negligent acts or omissions of Tenant or any other Tenant Party with respect to this Lease, the Leased Property or the SNDA, (iv) the fraud, negligence or willful misconduct of Tenant or any Tenant Party in connection with the Leased Property or the transactions contemplated by this Lease or in connection with the SNDA, (v) the operation, possession, use, non-use, maintenance, modification, alteration, construction, reconstruction, restoration, condition, design or replacement of the Leased Property (or any portion thereof) by Tenant or any other Tenant Party, (vi) a change that results in a breach of Section 28.1(a), or (vi) the business and activities of Tenant or of any other Person (other than Landlord, any Landlord Party, any Landlord Indemnified Party or Landlord Lender) permitted on or about the Leased Property by Tenant (whether as an invitee, subtenant, licensee or otherwise); Provided, however, to the extent and in the proportion such Losses also arise out of any of the following (collectively, and together with the matters described in Section 21.1(b), below, the “Exclusions from Tenant’s Indemnification Obligations”), Tenant’s indemnification under this subsection shall, to such extent, not apply:

Tenant’s Indemnification Obligations. Subject to the waiver of subrogation provisions in Section 14.314.3 , the remainder of this Article XXIXXI , and Section 26.326.3 , and except for Losses for which Landlord is responsible pursuant to Section 21.221.2 , Tenant, to the fullest extent permissible by Applicable Legal Requirements, agrees to release, indemnify, hold harmless and defend Landlord Indemnified Parties from and against any and all Losses to the extent arising out of (i) a Lease Assignment or Sublease made by Tenant in violation of this Lease, (ii) a Tenant Event of Default, (iii) any negligent acts or omissions of Tenant or any other Tenant Party with respect to this Lease, the Leased Property or the SNDA, (iv) the fraud, negligence or willful misconduct of Tenant or any Tenant Party in connection with the Leased Property or the transactions contemplated by this Lease or in connection with the SNDA, (v) the operation, possession, use, non-use, maintenance, modification, alteration, construction, reconstruction, restoration, condition, design or replacement of the Leased Property (or any portion thereof) by Tenant or any other Tenant Party, (vi) a change that results in a breach of Section 28.1(a)) , or (vi) the business and activities of Tenant or of any other Person (other than Landlord, any Landlord Party, any Landlord Indemnified Party or Landlord Lender) permitted on or about the Leased Property by Tenant (whether as an invitee, subtenant, licensee or otherwise); ProvidedProvided , howeverhowever , to the extent and in the proportion such Losses also arise out of any of the following (collectively, and together with the matters described in Section 21.1(b)) , below, the ““ Exclusions from Tenant’s Indemnification ObligationsObligations ”), Tenant’s indemnification under this subsection shall, to such extent, not apply:

Tenant’s Indemnification Obligations. Subject Tenant hereby agrees to the waiver of subrogation provisions in Section 14.3indemnify, the remainder defend and hold harmless Landlord and all Landlord Parties (said persons and entities are, for purposes of this Article XXISection 17, and Section 26.3, and except for Losses for which Landlord is responsible pursuant collectively referred to Section 21.2, Tenant, to as the fullest extent permissible by Applicable Legal Requirements, agrees to release, indemnify, hold harmless and defend Landlord “Indemnified Parties Parties”) from and against any and all Losses liability, loss, cost, damage, claims, loss of rents, liens, judgments, penalties, fines, settlement costs, investigation costs, cost of consultants and experts, attorneys fees, court costs and other legal expenses (hereinafter collectively referred to the extent as “Damages”) arising out of or related to an Indemnified Matter (i) a Lease Assignment or Sublease made by Tenant in violation as defined below). For purposes of this LeaseSection 17, an “Indemnified Matter” shall mean any matter for which one or more of the Indemnified Parties incurs liability or Damages if the liability or Damages arise out of or involve, directly or indirectly: (iia) a Tenant Event of DefaultTenant’s or its employees’, (iii) any negligent acts agents’ or omissions of Tenant contractors’, or any other of Tenant’s Permittees’ (all said persons are sometimes collectively herein called “Tenant Party with respect to this Lease, the Leased Property or the SNDA, (ivParties”) the fraud, negligence or willful misconduct of Tenant or any Tenant Party in connection with the Leased Property or the transactions contemplated by this Lease or in connection with the SNDA, (v) the operation, possessionbusiness, use, non-use, maintenance, modification, alteration, construction, reconstruction, restoration, condition, design maintenance or replacement occupancy of the Leased Property Premises; (b) any wrongful act, omission or any portion thereof) by Tenant or any other neglect of a Tenant Party, (vic) a change that results Tenant’s failure to perform any obligations under the Lease; (d) any breach by Tenant of its environmental representations set forth in a breach Section 4.3(a) above; (e) any accident, injury or death of Section 28.1(a), person or (vi) the business and activities of Tenant loss or of any other Person (other than Landlord, any Landlord Party, any Landlord Indemnified Party or Landlord Lender) permitted damage to property occurring on or about the Leased Property Premises caused by a Tenant Party; or (f) any other matters for which Tenant has agreed to indemnify Landlord pursuant to any other provision of this Lease. Tenant’s obligations hereunder shall include, but shall not be limited to: (x) compensating the Indemnified Parties for Damages arising out of Indemnified Matters within thirty (30) days after written demand from an Indemnified Party; and (y) providing a defense, with counsel reasonably satisfactory to the Indemnified Party, at Tenant’s sole expense, within ten (10) days after written demand from the Indemnified Party, of any claims, action or proceeding arising out of or relating to an Indemnified Matter whether as or not litigated or reduced to judgment and whether or not well founded. If Tenant is obligated to compensate an inviteeIndemnified Party for Damages arising out of an Indemnified Matter, subtenantLandlord shall have the immediate and unconditional right, licensee but not the obligation, without notice or otherwise); Provided, howeverdemand to Tenant, to pay the damages, and Tenant shall, upon thirty (30) days’ advance written notice from Landlord, reimburse Landlord for the reasonable costs incurred by Landlord, The Landlord Indemnified Parties need not first pay any Damages to be indemnified hereunder. The indemnification obligations set forth pursuant to this Section 17 are intended to apply to the fullest extent and permitted by applicable law. Tenant’s obligations under this section shall survive the expiration or termination of this Lease unless specifically waived in writing by Landlord after said expiration or termination. Notwithstanding the proportion such Losses also arise foregoing, Tenant shall not be obligated to indemnify Landlord from Damages arising out of Landlord’s or any Landlord Parties’ negligence, willful misconduct or breach of the following (collectively, and together with the matters described in Section 21.1(b), below, the “Exclusions from Tenant’s Indemnification Obligations”), Tenant’s indemnification under this subsection shall, to such extent, not apply:Lease.