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

Tenant’s Indemnification of Landlord. Tenant shall pay, protect, indemnify, save, hold harmless and defend Landlord, the Company, Affiliates of the Company and Landlord (including, without limitation, their respective officers, directors and controlling persons), and any Facility Mortgagee from and against all liabilities, obligations, claims, damages (including punitive or consequential damages), penalties, causes of action, demands, judgments, costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord or the Property by reason of any Environmental Law (irrespective of whether there has occurred any violation of any Environmental Law) in respect of the Property howsoever arising, without regard to fault on the part of Tenant, including (a) liability for response costs and for costs of removal and remedial action incurred by the United States Government, any state or local governmental unit to any other Person, or damages from injury to or destruction or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss, incurred pursuant to any Environmental Law, (b) liability for costs and expenses of abatement, investigation, removal, remediation, correction or clean-up, fines, damages, response costs or penalties which arise from the provisions of any Environmental Law, (c) liability for personal injury or property damage arising under any statutory or common-law tort theory, including damages assessed for the maintenance of a public or private nuisance or for carrying on of a dangerous activity, or (d) by reason of a breach of a representation or warranty in Sections 10.1 through 10.5 of this Lease. Notwithstanding the foregoing or any other provision of this Lease (including, without limitation, Section 7.2, Section 10.9 and Article 23), Tenant shall not be liable, or otherwise be required to indemnify Landlord or the Company or any Affiliates of the Company for (i) any matters or events that arise after the Commencement Date that are not caused by any act or omission on the part of Tenant, or (ii) any matters or events that arise after the Commencement Date that are directly caused by a breach by Landlord of the terms of this Lease.

Tenant’s Indemnification of Landlord. Tenant shall pay, protect, indemnify, save, hold harmless and defend Landlord, the Company, Affiliates of the Company and Landlord (including, without limitation, their respective officers, directors and controlling persons), and any Facility Mortgagee from and against all liabilities, obligations, claims, damages (including punitive or consequential damages), penalties, causes of action, demands, judgments, costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord or the Property by reason of any Environmental Law (irrespective of whether there has occurred any violation of any Environmental Lawlaw) in respect of the Property howsoever arising, without regard to fault on the part of Tenant, including (a) liability for response costs and for costs of removal and remedial action incurred by the United States Government, any state or local governmental unit to any other Person, or damages from injury to or destruction or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss, incurred pursuant to any Environmental Law, (b) liability for costs and expenses of abatement, investigation, removal, remediation, correction or clean-up, fines, damages, response costs or penalties which arise from the provisions of any Environmental Law, (c) liability for personal injury or property damage arising under any statutory or common-law tort theory, including damages assessed for the maintenance of a public or private nuisance or for carrying on of a dangerous activity, or (d) by reason of a breach of a representation or warranty in Sections 10.1 through 10.5 of this Lease. Notwithstanding the foregoing or any other provision of this Lease (including, without limitation, Section 7.2, Section 10.9 and Article 23), Tenant 23),Tenant shall not be liable, or otherwise be required to indemnify Landlord or the Company or any Affiliates of the Company for (i) any matters or events that arise after the Commencement Date that are not caused by any act or omission on the part of Tenant, or (ii) any matters or events that arise after the Commencement Date that are directly caused by a breach by Landlord of the terms of this Lease.

Tenant’s Indemnification of Landlord. Except as provided in the ------------------------------------ last sentence of this Section 8.2, Tenant shall pay, protect, indemnify, save, ----------- hold harmless and defend Landlord, the Company, Affiliates of the Company and Landlord (including, without limitation, their respective officers, directors and controlling persons), and any Facility Mortgagee from and against all liabilities, obligations, claims, damages (including punitive or consequential damages), penalties, causes of action, demands, judgments, costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord or the Leased Property by reason of any Environmental Law (irrespective of whether there has occurred any violation of any Environmental Law) in respect of the Leased Property howsoever arising, and whether arising before or after the Commencement Date and without regard to fault on the part of TenantTenant or any Subtenant, including (a) liability for response costs and for costs of removal and remedial action incurred by the United States Government, any state or local governmental unit to or any other Person, or damages from injury to or destruction or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss, incurred pursuant to any Environmental Law, (b) liability for costs and expenses of abatement, investigation, removal, remediation, correction or clean-up, fines, damages, response costs or penalties which arise from the provisions of any Environmental Law, or (c) liability for personal injury or property damage arising under any statutory or common-law tort theory, including damages assessed for the maintenance of a public or private nuisance or for carrying on of a dangerous activity. Nothing contained herein shall be deemed to limit, modify or waive any of Tenant's obligations or warranties to Landlord in the Purchase Agreement. The foregoing indemnity shall only apply to liabilities, obligations, claims, damages (d) by reason of a breach of a representation or warranty in Sections 10.1 through 10.5 of this Lease. Notwithstanding the foregoing or any other provision of this Lease (including, without limitation, Section 7.2, Section 10.9 and Article 23including punitive damages), Tenant shall not be liablepenalties, causes of action, demands, judgments, costs and expenses in connection with any conditions or otherwise be required to indemnify Landlord or the Company or any Affiliates of the Company for events occurring (i) any matters during the period of time in which Tenant owned or events that arise after possessed the Commencement Date that are not caused by any Leased Property, other than times during which AGC was in possession; and (ii) as a result of an act or omission on the part of Tenant, Tenant or (ii) any matters or events that arise after the Commencement Date that are directly caused by a breach by Landlord Tenant of any of the terms of this Lease. Tenant hereby acknowledges and agrees that the provisions of this Section 8.2 and the other provisions of ----------- this Lease shall not limit or otherwise affect in any way of Tenant's representations and/or warranties under the Purchase Agreement.

Tenant’s Indemnification of Landlord. Tenant shall pay, protect, indemnify, save, hold harmless and defend Landlord, the Company, Affiliates of the Company and Landlord (including, without limitation, their respective officers, directors and controlling persons), and any Facility Mortgagee from and against all liabilities, obligations, claims, damages (including punitive or consequential damages), penalties, causes of action, demands, judgments, costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord or the Property by reason of any Environmental Law (irrespective of whether there has occurred any violation of any Environmental Law) in respect of the Property howsoever arising, without regard to fault on the part of Tenant, including (a) liability for response costs and for costs of removal and remedial action incurred by the United States Government, any state or local governmental unit to any other Person, or damages from injury to or destruction or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss, incurred pursuant to any Environmental Law, (b) liability for costs and expenses of abatement, investigation, removal, remediation, correction or clean-up, fines, damages, response costs or penalties which arise from the provisions of any Environmental Law, (c) liability for personal injury or property damage arising under any statutory or common-law tort theory, including damages assessed for the maintenance of a public or private nuisance or for carrying on of a dangerous activity, or (d) by reason of a breach of a representation or warranty in Sections 10.1 through 10.5 of this Lease. Notwithstanding the foregoing or any other provision of this Lease (including, without limitation, Section 7.2, Section 10.9 10.4 and Article 23), Tenant shall not be liable, or otherwise be required to indemnify Landlord or the Company or any Affiliates of the Company for Company, or incur any costs in connection with, (i) any environmental conditions that are existing on the Property on the Commencement Date and the conditions are not exacerbated as a result of the willful misconduct or gross negligence of Tenant (ii) any matters or events that arise after the Commencement Date that are not caused by any act or omission on the part of Tenant, or (iiiii) any matters or events that arise after the Commencement Date that are directly caused by a breach by Landlord of the terms of this Lease.

Tenant’s Indemnification of Landlord. Tenant shall pay, protect, indemnify, save, hold harmless and defend Landlord, the Company, Affiliates of the Company and Landlord (including, without limitation, their respective officers, directors and controlling persons), and any Facility Mortgagee from and against all liabilities, obligations, claims, damages (including punitive or consequential damages), penalties, causes of action, demands, judgments, costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord or the Property by reason of any Environmental Law (irrespective of whether there has occurred any violation of any Environmental Law) in respect of the Property howsoever arising, without regard to fault on the part of Tenant, including (a) liability for response costs and for costs of removal and remedial action incurred by the United States Government, any state or local governmental unit to any other Person, or damages from injury to or destruction or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss, incurred pursuant to any Environmental Law, (b) liability for costs and expenses of abatement, investigation, removal, remediation, correction or clean-up, fines, damages, response costs or penalties which arise from the provisions of any Environmental Law, or (c) liability for personal injury or property damage arising under any statutory or common-law tort theory, including damages assessed for the maintenance of a public or private nuisance or for carrying on of a dangerous activity, or (d) by reason of a breach of a representation or warranty in Sections 10.1 through 10.5 of this Lease. Notwithstanding the foregoing or any other provision of this Lease (including, without limitation, Section 7.2, Section 10.9 10.4 and Article 23), Tenant shall not be liable, or otherwise be required to indemnify Landlord or the Company or any Affiliates of the Company for Company, or incur any costs in connection with, (i) any environmental conditions that are disclosed in the Environmental Reports, (ii) any matters or events that arise after the Commencement Date that are not caused by any act or omission on the part of Tenant, or (iiiii) any matters or events that arise after the Commencement Date that are directly caused by a breach by Landlord of the terms of this Lease. In the event Tenant and Landlord disagree whether an environmental condition was caused by an act or omission on the part of the Tenant, the matter shall be submitted to arbitration as provided in Section 27.1.

Tenant’s Indemnification of Landlord. Except with regard to the matters for which Landlord is responsible as provided in Paragraph 9.1 above, Tenant shall pay, protect, indemnify, save, release, hold harmless and defend Landlord, Landlord and the Company, Affiliates of the Company and Landlord (including, without limitation, their respective officers, directors and controlling persons), and any Facility Fee Mortgagee from and against all liabilities, obligations, claims, damages (including punitive or and consequential damages), penalties, causes of action, demands, judgments, costs and expenses (including including, without limitation, reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord or the Leased Property by reason of any Environmental Law (irrespective of whether there has occurred any violation of any Environmental Law) in respect of the Leased Property howsoever arising, without regard to fault on the part of Tenant, including (a) liability for response costs and for costs of removal and remedial action incurred by the United States Government, any state or local governmental unit to or any other Person, or damages from injury to or destruction or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss, incurred pursuant to any Environmental Law, (b) liability for costs and expenses of abatement, investigation, removal, closure, remediation, correction or clean-up, fines, damages, response costs or penalties which arise from under the provisions of any Environmental Law, or (c) liability for personal injury or property damage arising under any statutory or common-law tort theory, including damages assessed for the maintenance of a public or private nuisance or for carrying on of a dangerous activity, or (d) by reason of a breach of a representation or warranty in Sections 10.1 through 10.5 of this Lease. Notwithstanding the foregoing or any other provision of this Lease (including, without limitation, Section 7.2, Section 10.9 and Article 23), Tenant shall not be liable, or otherwise be required to indemnify Landlord or the Company or any Affiliates of the Company for (i) any matters or events that arise after the Commencement Date that are not caused by any act or omission on the part of Tenant, or (ii) any matters or events that arise after the Commencement Date that are directly caused by a breach by Landlord of the terms of this Lease.

Tenant’s Indemnification of Landlord. Except with regard to the matters for which Landlord is responsible as provided in Section 9.1 above, Tenant shall pay, protect, indemnify, save, release, hold harmless and defend Landlord, the Company, Affiliates of the Company Landlord and Landlord (including, without limitation, their respective officers, directors and controlling persons), and any each Facility Mortgagee from and against all liabilities, obligations, claims, damages (including punitive or and consequential damages), penalties, causes of action, demands, judgments, costs and expenses (including including, without limitation, reasonable attorneys' and consultants' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord Landlord, such Facility Mortgagee or the Leased Property by reason of any Environmental Law (irrespective of whether there has occurred any violation of any Environmental Law) in respect of the Leased Property or any property affected by the Leased Property howsoever arising, without regard to fault on the part of Tenant, including (a) liability for response costs and for costs of removal and remedial action incurred by the United States Government, any state or local governmental unit to or any other Person, or damages from injury to or destruction or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss, incurred pursuant to any Environmental Law, (b) liability for costs and expenses of abatement, investigation, removal, closure, remediation, correction or clean-up, fines, damages, response costs or penalties which arise from under the provisions of any Environmental Law, or (c) liability for personal injury or property damage arising under any statutory or common-law tort theory, including damages assessed for the maintenance of a public or private nuisance or for carrying on of a dangerous activity. Landlord shall pay, or (d) protect, indemnify, give, release, hold harmless and defend Tenant from and against all Claims to the extent such Claims result from releases of Hazardous Materials at the Leased Property caused by reason of a breach of a representation or warranty in Sections 10.1 through 10.5 of this Lease. Notwithstanding the foregoing or any other provision of this Lease (including, without limitation, Section 7.2, Section 10.9 and Article 23), Tenant shall not be liable, or otherwise be required to indemnify Landlord or the Company or any Affiliates of the Company for (i) any matters or events that arise after the Commencement Date that are not caused by any act or omission on the part of Tenant, or (ii) any matters or events that arise after the Commencement Date that are directly caused by a breach by Landlord of the terms of this LeaseDate.

Tenant’s Indemnification of Landlord. Tenant shall pay, protect, indemnify, save, hold harmless and defend Landlord, the Company, Affiliates of the Company and Landlord (including, without limitation, their respective officers, directors and controlling persons), and any Facility Mortgagee from and against all liabilities, obligations, claims, damages (including punitive or consequential damages), penalties, causes of action, demands, judgments, costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord or the Property by reason of any Environmental Law (irrespective of whether there has occurred any violation of any Environmental Law) in respect of the Property howsoever arising, without regard to fault on the part of Tenant, including (a) liability for response costs and for costs of removal and remedial action incurred by the United States Government, any state or local governmental unit to any other Person, or damages from injury to or destruction or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss, incurred pursuant to any Environmental Law, (b) liability for costs and expenses of abatement, investigation, removal, remediation, correction or clean-up, fines, damages, response costs or penalties which arise from the provisions of any Environmental Law, or (c) liability for personal injury or property damage arising under any statutory or common-law tort theory, including damages assessed for the maintenance of a public or private nuisance or for carrying on of a dangerous activity, or (d) by reason of a breach of a representation or warranty in Sections 10.1 through 10.5 of this Lease. Notwithstanding the foregoing or any other provision of this Lease (including, without limitation, Section 7.2, Section 10.9 10.4 and Article 23), Tenant shall not be liable, or otherwise be required to indemnify Landlord or the Company or any Affiliates of the Company for Company, or incur any costs in connection with, (i) any environmental conditions that are disclosed in the Environmental Reports, (ii) any matters or events that existed before the Commencement Date that are not exacerbated as a result of the willful misconduct or gross negligence of Tenant, (iii) any matters or events that arise after the Commencement Date that are not caused by any act or omission on the part of Tenant, or (iiiv) any matters or events that arise after the Commencement Date that are directly caused by a breach by Landlord of the terms of this Lease. In the event Tenant and Landlord disagree whether an environmental condition was caused by an act or omission on the part of the Tenant, the matter shall be submitted to arbitration as provided in Section 27.1.

Tenant’s Indemnification of Landlord. Tenant shall pay, protect, indemnify, save, hold harmless and defend Landlord, the Company, Affiliates of the Company and Landlord (including, without limitation, their respective officers, directors and controlling persons), and any Facility Mortgagee from and against all liabilities, obligations, claims, damages (including punitive or consequential damages), penalties, causes of action, demands, judgments, costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord or the Property by reason of any Environmental Law (irrespective of whether there has occurred any violation of any Environmental Law) in respect of the Property howsoever arising, without regard to fault on the part of Tenant, including (a) liability for response costs and for costs of removal and remedial action incurred by the United States Government, any state or local governmental unit to any other Person, or damages from injury to or destruction or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss, incurred pursuant to any Environmental Law, (b) liability for costs and expenses of abatement, investigation, removal, remediation, correction or clean-up, fines, damages, response costs or penalties which arise from the provisions of any Environmental Law, (c) liability for personal injury or property damage arising under any statutory or common-law tort theory, including damages assessed for the maintenance of a public or private nuisance or for carrying on of a dangerous activity, or (d) by reason of a breach of a representation or warranty in Sections 10.1 through 10.5 of this Lease. Notwithstanding the foregoing or any other provision of this Lease (including, without limitation, Section 7.2, Section 10.9 and Article 23), Tenant shall not be liable, or otherwise be required to indemnify Landlord or the Company or any Affiliates of the Company for (i) any matters or events that arise after the Commencement Date that are not caused by any act or omission on the part of Tenant, or (ii) any matters or events that arise after the Commencement Date that are directly caused by a breach by Landlord of the terms of this Lease. Notwithstanding any foregoing waivers by Tenant in favor of Landlord, none of the provisions of this Lease (including, without limitation, Section 10.6 or Section 10.7) shall be construed as constituting or deemed to constitute a waiver by Tenant of any rights of contribution or indemnification that it may have against third parties (excluding Affiliates of Landlord), including, but not limited to, rights of contribution or indemnification against such third parties arising in connection with Hazardous Materials or Environmental Laws.

Tenant’s Indemnification of Landlord. Tenant shall pay, protect, indemnify, save, hold harmless and defend Landlord, the Company, Affiliates of the Company and Landlord (including, without limitation, their respective officers, directors and controlling persons), and any Facility Mortgagee from and against all liabilities, obligations, claims, damages (including punitive or consequential damages), penalties, causes of action, demands, judgments, costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord or the Property by reason of any Environmental Law (irrespective of whether there has occurred any violation of any Environmental Law) in respect of the Property howsoever arising, without regard to fault on the part of Tenant, including (a) liability for response costs and for costs of removal and remedial action incurred by the United States Government, any state or local governmental unit to any other Person, or damages from injury to or destruction or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss, incurred pursuant to any Environmental Law, (b) liability for costs and expenses of abatement, investigation, removal, remediation, correction or clean-up, fines, damages, response costs or penalties which arise from the provisions of any Environmental Law, (c) liability for personal injury or property damage arising under any statutory or common-law tort theory, including damages assessed for the maintenance of a public or private nuisance or for carrying on of a dangerous activity, or (d) by reason of a breach of a representation or warranty in Sections 10.1 through 10.5 of this Lease. Notwithstanding the foregoing or any other provision of this Lease (including, without limitation, Section 7.2, Section 10.9 10.4 and Article 23), Tenant shall not be liable, or otherwise be required to indemnify Landlord or the Company or any Affiliates of the Company for (i) any matters or events that arise after the Commencement Date that are not caused by any act or omission on the part of Tenant, or (ii) any matters or events that arise after the Commencement Date that are directly caused by a breach by Landlord of the terms of this Lease.

Tenant’s Indemnification of Landlord. Except as provided in ------------------------------------ Section 8.5 and the last sentence of this Section 8.2, Tenant shall pay, ----------- ----------- protect, indemnify, save, hold harmless and defend Landlord, the Company, Affiliates of the Company and Landlord (including, without limitation, their respective officers, directors and controlling persons), and any Facility Mortgagee from and against all liabilities, obligations, claims, damages (including punitive or consequential damages), penalties, causes of action, demands, judgments, judgements costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord or the Leased Property by reason of any Environmental Law (irrespective of whether there has occurred any violation of any Environmental Law) in respect of the Leased Property howsoever arising, without regard to fault on the part of Tenant, including (a) liability for response costs and for costs of removal and remedial action incurred by the United States Government, any state or local governmental unit to or any other Person, or damages from injury to or destruction or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss, incurred pursuant to any Environmental Law, (b) liability b)liability for costs and expenses of abatement, investigation, removal, remediation, correction or clean-up, fines, damages, response costs or penalties which arise from the provisions of any Environmental Law, or (c) liability for personal injury or property damage arising under any statutory or common-law tort theory, including damages assessed for the maintenance of a public or private nuisance or for carrying on of a dangerous activity, or (d) by reason of a breach of a representation or warranty in Sections 10.1 through 10.5 of this Lease. Notwithstanding the foregoing or any other provision of this Lease (including, without limitation, Section 7.25.2, Section 10.9 8.4 and Article 2321), Tenant shall not be liableliable ----------- ----------- ---------- or responsible for, or otherwise be required to indemnify indemnify, defend or hold harmless Landlord and any Facility Mortgagee from and against any matters, conditions or the Company events that arose, existed or any Affiliates of the Company for occurred: (i) any matters or events that arise after prior to the Commencement Date that are not caused by any Date; or (ii) through no act or omission on the part of Tenant, or (ii) Tenant nor through any matters or events that arise after the Commencement Date that are directly caused by a breach by Landlord Tenant of any of the terms of this Lease.