Common use of Tenant’s Indemnification of Landlord Clause in Contracts

Tenant’s Indemnification of Landlord. Tenant shall indemnify, protect, defend and hold the Landlord Parties harmless from and against Claims arising from (a) the willful misconduct or negligent acts or omissions of Tenant or Tenant’s Representatives or Tenant’s authorized Visitors in or about the Property, or (b) any construction or other work undertaken by Tenant in the Premises or elsewhere in the Property (including any design defects), or (c) any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, arising out of or relating to Tenant’s occupancy or operation and occurring in or about the Premises; provided, however, that the indemnity obligations of Tenant contained in this Section 10.2 shall not cover or extend to any Claims for which Landlord is required to provide indemnification pursuant to Section 10.1 above. Notwithstanding any other provision of this Lease, Tenant shall not be liable to Landlord for punitive damages, unless a third party makes a claim against Landlord for punitive damages based on Tenant’s negligence, willful misconduct or breach of any of the terms, conditions or restrictions contained in this Lease (in which case Tenant’s liability to Landlord for punitive damages shall not exceed the amount of such third party’s successful claim against Landlord for punitive damages).

Tenant’s Indemnification of Landlord. To the fullest extent permitted by Requirements, Tenant shall indemnify, protectdefend, defend protect and hold Landlord and the Landlord Parties other Indemnitees harmless of and from and against Claims to the extent arising from out of or in connection with, or related to any of the following, including, but not limited to, Claims brought by or on behalf of employees of Tenant, with respect to which Tenant waives, for the benefit of the Indemnitees, any immunity to which Tenant may be entitled under any worker’s compensation laws: (a) the willful misconduct making of Alterations, or negligent acts (b) injury to or death of persons or damage to property occurring or resulting directly or indirectly from: (i) the use or occupancy of, or the conduct of business in, the Premises; (ii) the use, generation, storage, handling, release, transport, or disposal by Tenant or any other Tenant Parties of any Hazardous Materials in or about the Premises or any other portion of the Project; (iii) any other occurrence or condition in or on the Premises; and (iv) acts, neglect or omissions of Tenant or Tenant’s Representatives or Tenant’s authorized Visitors any other Tenant Parties in or about any portion of the Property, Project. The foregoing indemnification shall not apply to the extent that any damages are proximately caused by Landlord’s gross negligence or (b) any construction or other work undertaken willful misconduct. Landlord shall have the right to reasonably approve legal counsel proposed by Tenant in the Premises for defense of any Claim indemnified against hereunder or elsewhere in the Property (including any design defects), or (c) any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, arising out of or relating to Tenant’s occupancy or operation and occurring in or about the Premises; provided, however, that the indemnity obligations of Tenant contained in this Section 10.2 shall not cover or extend to any Claims for which Landlord is required to provide indemnification pursuant to Section 10.1 above. Notwithstanding under any other provision of this Lease. If Landlord reasonably disapproves the legal counsel proposed by Tenant for the defense of any Claim indemnified against hereunder, Tenant Landlord shall not have the right to appoint its own legal counsel, the reasonable fees, costs and expenses of which shall be liable to Landlord for punitive damages, unless a third party makes a claim against Landlord for punitive damages based on included as part of Tenant’s negligence, willful misconduct or breach of any of the terms, conditions or restrictions contained in this Lease (in which case Tenant’s liability to Landlord for punitive damages shall not exceed the amount of such third party’s successful claim against Landlord for punitive damages)indemnity obligation hereunder.

Tenant’s Indemnification of Landlord. To the fullest extent permitted by Requirements, Tenant shall indemnify, protectdefend, defend protect and hold Landlord and the Landlord Parties other Indemnitees harmless of and from and against Claims arising from out of or in connection with, or related to any of the following, including, but not limited to, Claims brought by or on behalf of employees of Tenant, with respect to which Tenant waives, for the benefit of the Indemnitees, any immunity to which Tenant may be entitled under any worker's compensation laws: (a) the willful misconduct making of Alterations, or negligent acts (b) injury to or death of persons or damage to property occurring or resulting directly or indirectly from: (i) the use or occupancy of, or the conduct of business in, the Premises; (ii) the use, generation, storage, handling, release, transport, or disposal by Tenant or any other Tenant Parties of any Hazardous Materials in or about the Premises or any other portion of the Project; (iii) any other occurrence or condition in or on the Premises; and (iv) acts, neglect or omissions of Tenant or Tenant’s Representatives or Tenant’s authorized Visitors any other Tenant Parties in or about any portion of the Property, Project. The foregoing indemnification shall not apply to the extent that any damages are proximately caused by Landlord's gross negligence or (b) any construction or other work undertaken willful misconduct. Landlord shall have the right to reasonably approve legal counsel proposed by Tenant in the Premises for defense of any Claim indemnified against hereunder or elsewhere in the Property (including any design defects), or (c) any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, arising out of or relating to Tenant’s occupancy or operation and occurring in or about the Premises; provided, however, that the indemnity obligations of Tenant contained in this Section 10.2 shall not cover or extend to any Claims for which Landlord is required to provide indemnification pursuant to Section 10.1 above. Notwithstanding under any other provision of this Lease, . If Landlord reasonably disapproves the legal counsel proposed by Tenant shall not be liable to Landlord for punitive damages, unless a third party makes a claim against Landlord for punitive damages based on Tenant’s negligence, willful misconduct or breach the defense of any Claim indemnified against hereunder, Landlord shall have the right to appoint its own legal counsel, the reasonable fees, costs and expenses of the terms, conditions or restrictions contained in this Lease (in which case shall be included as part of Tenant’s liability to Landlord for punitive damages shall not exceed the amount of such third party’s successful claim against Landlord for punitive damages)'s indemnity obligation hereunder.

Tenant’s Indemnification of Landlord. Subject to Section 9.3 hereof, Tenant shall indemnifydefend with competent counsel satisfactory to Landlord any claims made or legal actions filed or threatened against Landlord with respect to the violation of any Law, protector the death, defend and hold bodily injury, personal injury, property damage, or interference with contractual or property rights suffered by any third party occurring within the Landlord Parties harmless Leased Premises or resulting from and against Claims arising Tenant's use or occupancy of the Leased Premises, the Building or the Outside Areas, or resulting from (a) the willful misconduct or negligent acts or omissions of Tenant or Tenant’s Representatives or Tenant’s authorized Visitors 's activities in or about the Leased Premises, the Building, the Outside Areas or the Property, and Tenant shall indemnify and hold Landlord, Landlord's partners, principals, members, employees, agents and contractors harmless from any loss liability, penalties, or (b) any construction or other work undertaken by Tenant in the Premises or elsewhere in the Property expense whatsoever (including any design defects)loss attributable to vacant space which otherwise would have been leased, but for such activities) resulting therefrom, except to the extent proximately caused by the gross negligence or (c) any loss, injury or damage, howsoever willful misconduct of Landlord. This indemnity and by whomsoever caused, to any person or property, arising out of or relating to Tenant’s occupancy or operation and occurring in or about the Premises; provided, however, that the indemnity obligations of Tenant contained in this Section 10.2 shall not cover or extend to any Claims for which Landlord is required to provide indemnification pursuant to Section 10.1 above. Notwithstanding any other provision of this Lease, Tenant shall not be liable to Landlord for punitive damages, unless a third party makes a claim against Landlord for punitive damages based on Tenant’s negligence, willful misconduct or breach of any of the terms, conditions or restrictions indemnity agreements contained in this Lease (in which case Tenant’s liability are not intended to Landlord for punitive damages and shall not exceed relieve any insurance carrier of its obligations under policies required to be carried by Landlord or Tenant, respectively, pursuant to this Lease to the amount extent that such policies cover any such indemnified claims. This indemnity agreement shall survive the expiration or sooner termination of such third party’s successful claim against Landlord for punitive damages)this Lease.

Tenant’s Indemnification of Landlord. Tenant shall indemnifyIn addition to Xxxxxx’s other obligations of indemnity under this Lease, protectXxxxxx agrees to defend (with counsel reasonably acceptable to Landlord), defend indemnify and hold harmless Landlord and the Landlord Indemnified Parties harmless from and against any and all Claims that result from (i) Releases, or threatened Releases, at the Property caused by a Tenant Party, including any Releases of Pre-Existing Conditions resulting from rehabilitation, construction or excavation work or activities by any Tenant Party, unless Tenant ceases the construction or rehabilitation work that led to the discovery of such Pre-Existing Conditions on that portion of the Property with such Pre-Existing Conditions; (ii) any violations of Environmental Laws with respect to the Property or improvements thereon committed by a Tenant Party; and (iii) any breach of any warranty or representation regarding environmental matters made by Tenant hereunder. However, Tenant shall not have any indemnity or other obligation under this Section for any Claims or costs arising from out of (a) the gross negligence or willful misconduct of Landlord or negligent acts any of the Landlord Indemnified Parties or omissions of Tenant or TenantLandlord’s Representatives or Tenant’s authorized Visitors in or about the Propertycontractors, or (b) any construction or other work undertaken by Tenant Pre-Existing Conditions, except as otherwise expressly set forth in the Premises or elsewhere in the Property (including any design defects), or (c) any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, arising out of or relating to Tenant’s occupancy or operation and occurring in or about the Premises; provided, however, that the indemnity obligations of Tenant contained in this Section 10.2 shall not cover or extend to any Claims for which Landlord is required to provide indemnification pursuant to Section 10.1 above. Notwithstanding any other provision of this Lease, Tenant shall not be liable to Landlord for punitive damages, unless a third party makes a claim against Landlord for punitive damages based on Tenant’s negligence, willful misconduct or breach of any of the terms, conditions or restrictions contained in this Lease (in which case Tenant’s liability to Landlord for punitive damages shall not exceed the amount of such third party’s successful claim against Landlord for punitive damages21.3(b).

Tenant’s Indemnification of Landlord. Tenant shall hereby agrees to indemnify, protect, defend (with attorneys reasonably acceptable to Landlord) and hold harmless the Landlord Parties harmless Premises, Landlord, Landlord’s Agents and Landlord’s lenders, from and against Claims any and all Liabilities arising from (a) out of or in any way relating to all activities in the willful misconduct Premises during the Lease Term, the conduct of Tenant’s business in the Premises and the Project, any default or negligent breach by Tenant in the performance in a timely manner of any obligation on Tenant’s part to be performed under this Lease, the use or occupancy of the Premises or any part of the Project by Tenant, or by the acts or omissions of Tenant or Tenant’s Representatives Agents, except to the extent caused by the negligence or willful misconduct of Landlord and any of Landlord’s Agents. Tenant’s authorized Visitors in or about the Property, or (b) any construction or other work undertaken by Tenant in the Premises or elsewhere in the Property (including any design defects), or (c) any loss, injury or damage, howsoever and by whomsoever caused, indemnification obligations with respect to any person or property, arising out of or relating to Tenant’s occupancy or operation and occurring in or about the Premises; provided, however, that the indemnity obligations of Tenant contained in this Section 10.2 Hazardous Materials shall not cover or extend to any Claims for which Landlord is required to provide indemnification be pursuant to Section 10.1 above. Notwithstanding any other provision 5(c) of this Lease. To the extent any damage or repair obligation is covered by insurance obtained by Landlord as part of Operating Expenses, but is not covered by insurance obtained by Tenant, then Tenant shall not be liable relieved of its indemnity obligation up to Landlord for punitive damages, unless a third party makes a claim against Landlord for punitive damages based on Tenant’s negligence, willful misconduct or breach of any of the terms, conditions or restrictions contained in this Lease (in which case Tenant’s liability to Landlord for punitive damages shall not exceed the amount of such third party’s successful claim against the insurance proceeds which Landlord for punitive damages)receives.

Tenant’s Indemnification of Landlord. In addition to Tenant’s other obligations of indemnity under this Lease, Tenant shall indemnifyagrees to defend (with counsel reasonably acceptable to Landlord), protect, defend indemnify and hold harmless Landlord and the Landlord Indemnified Parties harmless from and against any and all Claims that result from (i) Releases, or threatened Releases, at the Property caused by a Tenant Party, including any Releases of Pre-Existing Conditions resulting from rehabilitation, construction or excavation work or activities by any Tenant Party, unless Tenant ceases the construction or rehabilitation work that led to the discovery of such Pre-Existing Conditions on that portion of the Property with such Pre-Existing Conditions; (ii) any violations of Environmental Laws with respect to the Property or improvements thereon committed by a Tenant Party; and (iii) any breach of any warranty or representation regarding environmental matters made by Tenant hereunder. However, Tenant shall not have any indemnity or other obligation under this Section for any Claims or costs arising from out of (a) the gross negligence or willful misconduct of Landlord or negligent acts any of the Landlord Indemnified Parties or omissions of Tenant or TenantLandlord’s Representatives or Tenant’s authorized Visitors in or about the Propertycontractors, or (b) any construction or other work undertaken by Tenant Pre-Existing Conditions, except as otherwise expressly set forth in the Premises or elsewhere in the Property (including any design defects), or (c) any loss, injury or damage, howsoever and by whomsoever caused, to any person or property, arising out of or relating to Tenant’s occupancy or operation and occurring in or about the Premises; provided, however, that the indemnity obligations of Tenant contained in this Section 10.2 shall not cover or extend to any Claims for which Landlord is required to provide indemnification pursuant to Section 10.1 above. Notwithstanding any other provision of this Lease, Tenant shall not be liable to Landlord for punitive damages, unless a third party makes a claim against Landlord for punitive damages based on Tenant’s negligence, willful misconduct or breach of any of the terms, conditions or restrictions contained in this Lease (in which case Tenant’s liability to Landlord for punitive damages shall not exceed the amount of such third party’s successful claim against Landlord for punitive damages21.3(b).