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

Tenant’s Indemnification of Landlord. Tenant shall defend, with counsel satisfactory to Landlord, any claims made or legal actions filed or threatened by third parties against Landlord with respect to the death, bodily injury, personal injury, damage to property or interference with contractual or property rights suffered by any third party (including other tenants within the Project) which (i) occurred within the Leased Premises or (ii) resulted from Tenant’s use or occupancy of the Leased Premises or the Common Areas or (iii) resulted from Tenant’s activities in or about the Leased Premises, the Building or the Project, and Tenant shall indemnify and hold Landlord, Landlord’s principals, employees and agents harmless from any loss, including loss of rents by reason of vacant space which otherwise would have been leased but for such activities, liability, penalties, or expense whatsoever (including any legal fees incurred by Landlord with respect to defending such claims) resulting therefrom, except to the extent proximately caused by the active negligence or willful misconduct of Landlord. This indemnity agreement shall survive until the latter to occur of (i) the date of the expiration, or sooner termination, of this Lease, or (ii) the date Tenant actually vacates the Leased Premises. Notwithstanding the foregoing, Tenant shall be under no duty to indemnify and hold Landlord harmless, nor defend Landlord, against any liability, claims, or damages arising because of Landlord’s failure to make any repairs required by this Lease or to take any action required by this Lease or to take any action required of Landlord by this Lease, provided that the Landlord has been properly notified by Tenant of the required repair or action. The term “properly notified” shall mean notice as prescribed in Paragraph 13.10 of this Lease.

Tenant’s Indemnification of Landlord. Tenant shall defend, with counsel satisfactory to Landlord, any claims made or legal actions filed or threatened by third parties against Landlord with respect to the death, bodily injury, personal injury, damage to property or interference with contractual or property rights suffered by any third party (including other tenants within the Project) which (i) occurred within the Leased Premises or (ii) resulted from Tenant’s use or occupancy of the Leased Premises or the Common Areas or (iii) resulted from Tenant’s activities in or about the Leased Premises, the Building or the Project, and Tenant shall indemnify and hold Landlord, Landlord’s principals, employees and agents harmless from any loss, including loss of rents by reason of vacant space which otherwise would have been leased but for such activities, liability, penalties, or expense whatsoever (including any legal fees incurred by Landlord with respect to defending such claims) resulting therefrom, except Except to the extent proximately caused by the active gross negligence or willful misconduct of Landlord. This indemnity agreement shall survive until the latter to occur , its agents, employees or contractors or a violation of (i) the date of the expiration, Landlord’s obligations or sooner termination, of representations under this Lease, or (ii) the date Tenant actually vacates the Leased Premises. Notwithstanding the foregoing, Tenant shall be under no duty to indemnify liable for, and shall indemnify, defend, protect and hold Landlord harmlessand Landlord Indemnified Parties harmless from and against, nor defend Landlord, against any liability, and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or damages arising because resulting from (a) any occurrence at the Premises, (b) any act or omission of LandlordTenant or any of Tenant Parties; (c) the use of the Premises and Common Areas and conduct of Tenant’s failure to make business by Tenant or any repairs required Tenant Parties, or any other activity, work or thing done, permitted or suffered by this Lease Tenant or to take any action required by this Lease Tenant Parties, in or to take about the Premises, the Building or elsewhere in the Project; and/or (d) any action required of Landlord by this Lease, provided that the Landlord has been properly notified default by Tenant of any obligations on Tenant’s part to be performed under the required repair or action. The term “properly notified” shall mean notice as prescribed in Paragraph 13.10 terms of this Lease. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, arising therefrom whether or not Landlord or its mortgagee has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Indemnified Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel reasonably acceptable to Landlord.

Tenant’s Indemnification of Landlord. Tenant shall defenddefend Landlord, with counsel satisfactory acceptable to Landlord, against any claims made or legal actions filed or threatened by third parties against Landlord with respect to which result from the death, bodily injury, personal injury, damage to property or interference with contractual or property other rights suffered by any third party party, (including other tenants within the Project) which (i) occurred within the Leased Premises Premises, or (ii) resulted from Tenant’s 's use or occupancy of the Leased Premises or the Common Areas in violation of this Lease, or (iii) resulted from the negligence or willful misconduct of Tenant or Tenant’s activities 's agents or contractors in or about the Leased Premises, the Building Building, the Common Areas or the ProjectProject or Tenant's default under this Lease, and Tenant shall indemnify and hold Landlord, Landlord’s principals, employees Landlord and agents the Landlord Parties harmless from any loss, loss (including loss of rents by reason of vacant space which otherwise would have been leased but for such activities), liabilityliabilities, penalties, or expense whatsoever (including any all legal fees incurred by Landlord with respect to defending such claims) resulting therefrom, except to the extent proximately caused by the active negligence or willful misconduct of Landlord or Landlord's default under this Lease. This indemnity agreement shall survive until the latter expiration or sooner termination of this Lease, provided that Tenant shall not be required to indemnify Landlord under this Section 8.2 with respect to events that first occur after the later of (ia) the date of the expiration, or sooner termination, of this Lease, or (iib) the date Tenant actually vacates the Leased Premises, provided that Landlord has actual notice of such vacation. Notwithstanding anything to the foregoingcontrary herein, Tenant but subject to Section 12.4 below, Landlord shall not be under no duty to indemnify released or indemnified from, and shall indemnify, defend, protect and hold Landlord harmlessharmless Tenant from, nor defend Landlordall losses, against any liabilitydamages, liabilities, claims, attorneys' fees, costs and expenses to the extent proximately caused by the negligence or damages arising because of Landlord’s failure to make any repairs required by this Lease or to take any action required by this Lease or to take any action required willful misconduct of Landlord by this Lease, provided that the Landlord has been properly notified by Tenant of the required repair or action. The term “properly notified” shall mean notice as prescribed in Paragraph 13.10 of Landlord's agents or contractors or Landlord's default under this Lease.

Tenant’s Indemnification of Landlord. Tenant shall be liable for, and shall indemnify, defend, with counsel satisfactory to Landlordprotect and hold Landlord and the Landlord Indemnified Parties harmless from and against, any claims made and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or legal actions filed resulting from (a) any occurrence at the Premises, unless caused by the gross negligence or threatened willful misconduct of Landlord or its agents, employees or contractors and not covered by third parties against Landlord with respect the insurance required to be maintained by Tenant under this Lease, (b) any act or omission of Tenant or any of Tenant’s agents, employees, contractors, subtenants, assignees, licensees or invitees (collectively, “Tenant Parties”); (c) the deathuse of the Premises and Common Areas and conduct of Tenant's business by Tenant or any Tenant Parties, bodily injuryor any other activity, personal injurywork or thing done, damage to property permitted or interference with contractual or property rights suffered by Tenant or any third party (including other tenants within the Project) which (i) occurred within the Leased Premises or (ii) resulted from Tenant’s use or occupancy of the Leased Premises or the Common Areas or (iii) resulted from Tenant’s activities Tenant Parties, in or about the Leased Premises, the Building or elsewhere on the Project; and/or (d) any default by Tenant of any obligations on Tenant's part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, and Tenant affecting this Lease or the Premises. The foregoing indemnification shall indemnify and hold Landlordinclude, Landlord’s principalsbut not be limited to, employees and agents harmless from any lossinjury to, including or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or its mortgagee has or should have knowledge or notice of rents the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Indemnified Parties by reason of vacant space which otherwise would have been leased but for any such activitiesIndemnified Claims, liabilityTenant, penalties, or expense whatsoever (including any legal fees incurred by Landlord with respect to defending such claims) resulting therefrom, except to the extent proximately caused by the active negligence or willful misconduct of Landlord. This indemnity agreement shall survive until the latter to occur of (i) the date of the expiration, or sooner termination, of this Lease, or (ii) the date Tenant actually vacates the Leased Premises. Notwithstanding the foregoing, Tenant shall be under no duty to indemnify and hold Landlord harmless, nor defend upon notice from Landlord, against any liabilityshall defend the same at Tenant'’s expense by counsel approved in writing by Landlord, claims, or damages arising because of Landlord’s failure to make any repairs required by this Lease or to take any action required by this Lease or to take any action required of Landlord by this Lease, provided that the Landlord has been properly notified by Tenant of the required repair or action. The term “properly notified” which approval shall mean notice as prescribed in Paragraph 13.10 of this Leasenot be unreasonably withheld.

Tenant’s Indemnification of Landlord. Tenant shall be liable for, and shall indemnify, defend, with counsel satisfactory to Landlordprotect and hold Landlord and the Landlord Indemnified Parties harmless from and against, any claims made and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or legal actions filed resulting from (a) any occurrence at the Premises, unless caused by the gross negligence or threatened willful misconduct of Landlord or its agents, employees or contractors and not covered by third parties against Landlord with respect the insurance required to be maintained by Tenant under this Lease, (b) any ad or omission of Tenant or any of the deathTenant Parties; (c) the use of the Premises and Common Areas and conduct of Tenant’s business by Tenant or any Tenant Parties, bodily injury(d) any other activity, personal injurywork or thing done, damage to property permitted or interference with contractual or property rights suffered by Tenant or any third party (including other tenants within the Project) which (i) occurred within the Leased Premises or (ii) resulted from Tenant’s use or occupancy of the Leased Premises or the Common Areas or (iii) resulted from Tenant’s activities Tenant Parties, in or about the Leased Premises, the Building or elsewhere on the Project, and Tenant shall indemnify and hold Landlord, Landlord’s principals, employees and agents harmless from any loss, including loss of rents by reason of vacant space which otherwise would have been leased but for such activities, liability, penalties, or expense whatsoever Project (including any legal fees incurred by Landlord with respect to defending such claims) resulting therefrom, except to the extent proximately caused by the active gross negligence or willful misconduct of Landlord. This indemnity agreement shall survive until Landlord or its agents, employees or contractors); and/or (e) any default by Tenant of any obligations on Tenant’s part to be performed under the latter to occur terms of (i) the date of the expiration, or sooner termination, of this Lease, or (ii) the date Tenant actually vacates the Leased Premises. Notwithstanding the foregoing, Tenant shall be under no duty to indemnify and hold Landlord harmless, nor defend Landlord, against any liability, claims, or damages arising because of Landlord’s failure to make any repairs required by this Lease or the terms of any contract or agreement to take any action required which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or its mortgagee has or should have knowledge or notice of the defects or conditions causing or contributing to take such injury, death, loss or damage. In case any action required or proceeding is brought against Landlord or any Landlord Indemnified Parties by reason of Landlord any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by this Leasecounsel approved in writing by Landlord, provided that the Landlord has been properly notified by Tenant of the required repair or action. The term “properly notified” which approval shall mean notice as prescribed in Paragraph 13.10 of this Leasenot be unreasonably withheld.

Tenant’s Indemnification of Landlord. Tenant shall be liable for, and shall indemnify, defend, with counsel satisfactory to protect and hold Landlord and Landlord’s partners, officers, directors, employees, agents, successors and assigns (collectively, “Landlord Indemnified Parties”) harmless from and against, any claims made and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or legal actions filed or threatened by third parties against Landlord with respect to resulting from (a) any occurrence at the death, bodily injury, personal injury, damage to property or interference with contractual or property rights suffered by any third party (including other tenants within the Project) which (i) occurred within the Leased Premises or (ii) resulted from Tenant’s use or occupancy of the Leased Premises or the Common Areas or (iii) resulted from Tenant’s activities in or about the Leased Premises, the Building or the Project, and Tenant shall indemnify and hold Landlord, Landlord’s principals, employees and agents harmless from any loss, including loss of rents by reason of vacant space which otherwise would have been leased but for such activities, liability, penalties, or expense whatsoever (including any legal fees incurred by Landlord with respect to defending such claims) resulting therefrom, except to the extent proximately unless caused by the sole and active negligence or willful misconduct of Landlord. This indemnity agreement shall survive until the latter to occur Landlord or its agents, employees or contractors, (b) any act or omission of Tenant or any of Tenant’s agents, employees, contractors, subtenants, assignees, licensees or invitees (icollectively, “Tenant Parties”); (c) the date use of the expirationPremises and Common Areas and conduct of Tenant’s business by Tenant or any Tenant Parties, or sooner terminationany other activity, work or thing done, permitted or suffered by Tenant or any Tenant Parties, in or about the Premises, the Building or elsewhere in the Project; and/or (d) any default by Tenant of this Lease, or (ii) any obligations on Tenant’s part to be performed under the date Tenant actually vacates the Leased Premises. Notwithstanding the foregoing, Tenant shall be under no duty to indemnify and hold Landlord harmless, nor defend Landlord, against any liability, claims, or damages arising because terms of Landlord’s failure to make any repairs required by this Lease or the terms of any contract or agreement to take any action required which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or its mortgagee has or should have actual knowledge or notice of the defect or conditions causing or contributing to take such injury, death, loss or damage. In case any action required or proceeding is brought against Landlord or any Landlord Indemnified Parties by reason of Landlord any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by this Leasecounsel approved in writing by Landlord, provided that the Landlord has been properly notified by Tenant of the required repair or action. The term “properly notified” which approval shall mean notice as prescribed in Paragraph 13.10 of this Leasenot be unreasonably withheld.

Tenant’s Indemnification of Landlord. Tenant shall be liable for, and shall indemnify, defend, with counsel satisfactory to Landlordprotect and hold the Landlord Indemnified Parties harmless from and against, any claims made and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including attorneys' fees and court costs (collectively, "Indemnified Claims"), arising or legal actions filed resulting from (a) any occurrence at the Premises following the date Landlord delivers possession of the Premises to Tenant, unless caused by the gross negligence or threatened willful misconduct of Landlord or its agents, employees or contractors, (b) any act or omission of Tenant or any of Tenant's Parties; (c) the use of the Premises and Common Areas and conduct of Tenant's business by third parties against Landlord with respect to the deathTenant or any Tenant's Parties, bodily injuryor any other activity, personal injurywork or thing done, damage to property permitted or interference with contractual or property rights suffered by Tenant or any third party (including other tenants within the Project) which (i) occurred within the Leased Premises or (ii) resulted from Tenant’s use or occupancy of the Leased Premises or the Common Areas or (iii) resulted from Tenant’s activities 's Parties, in or about the Leased Premises, the Building or elsewhere on the Project; and/or (d) any default by Tenant of any obligations on Tenant's part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, and Tenant shall indemnify and hold Landlord, Landlord’s principals, employees and agents harmless from affecting this Lease or the Premises. In case any loss, including loss of rents action or proceeding is brought against Landlord or any Landlord Indemnified Parties by reason of vacant space which otherwise would have been leased but for any such activitiesIndemnified Claims, liabilityTenant, penalties, or expense whatsoever (including any legal fees incurred by Landlord with respect to defending such claims) resulting therefrom, except to the extent proximately caused by the active negligence or willful misconduct of Landlord. This indemnity agreement shall survive until the latter to occur of (i) the date of the expiration, or sooner termination, of this Lease, or (ii) the date Tenant actually vacates the Leased Premises. Notwithstanding the foregoing, Tenant shall be under no duty to indemnify and hold Landlord harmless, nor defend upon notice from Landlord, against any liabilityshall defend the same at Tenant's expense by counsel approved in writing by Landlord, claims, or damages arising because of Landlord’s failure to make any repairs required by this Lease or to take any action required by this Lease or to take any action required of Landlord by this Lease, provided that the Landlord has been properly notified by Tenant of the required repair or action. The term “properly notified” which approval shall mean notice as prescribed in Paragraph 13.10 of this Leasenot be unreasonably withheld.

Tenant’s Indemnification of Landlord. Tenant shall defend, with counsel satisfactory to Landlord, any claims made or legal actions filed or threatened by third parties against Landlord with respect to the death, bodily injury, personal injury, damage to property or interference with contractual or property rights suffered by any third party (including other tenants within the Project) which (i) occurred within the Leased Premises or (ii) resulted from Tenant’s use or occupancy of the Leased Premises or the Common Areas or (iii) resulted from Tenant’s activities in or about the Leased Premises, the Building or the Project, and Tenant shall indemnify and hold Landlord, Landlord’s principals, employees and agents harmless from any loss, including loss of rents by reason of vacant space which otherwise would have been leased but for such activities, liability, penalties, or expense whatsoever (including any legal fees incurred by Landlord with respect to defending such claims) resulting therefrom, except Except to the extent proximately caused by the active gross negligence or willful misconduct of Landlord. This indemnity agreement shall survive until the latter to occur of (i) the date of the expiration, its agents, employees or sooner termination, of this Lease, or (ii) the date Tenant actually vacates the Leased Premises. Notwithstanding the foregoingcontractors, Tenant shall be under no duty to indemnify liable for, and shall indemnify, defend, protect and hold Landlord harmlessand Landlord’s members, nor defend Landlordpartners, against officers, directors, shareholders, employees, agents, successors and assigns (collectively, “Landlord Indemnified Parties”) harmless from and against, any liability, and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or damages arising because resulting from (a) any occurrence at the Premises following the date Landlord delivers all or any portion of Landlordthe Premises to Tenant, (b) any act or omission of Tenant or any of Tenant’s failure agents, employees, contractors, subtenants, assignees, licensees or invitees (collectively, “Tenant Parties”); (c) the use of the Premises and Common Areas and conduct of Tenant’s business by Tenant or any Tenant Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any Tenant Parties, in or about the Premises, the Building or elsewhere in the Project; and/or (d) any default by Tenant of any obligations on Tenant’s part to make any repairs required by be performed under the terms of this Lease or the terms of any contract or agreement to take any action required which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or its mortgagee has or should have knowledge or notice of the defect or conditions causing or contributing to take such injury, death, loss or damage. In case any action required or proceeding is brought against Landlord or any Landlord Indemnified Parties by reason of Landlord any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by this Lease, provided that the Landlord has been properly notified by Tenant of the required repair or action. The term “properly notified” shall mean notice as prescribed in Paragraph 13.10 of this Leasecounsel reasonably acceptable to Landlord.

Tenant’s Indemnification of Landlord. Tenant shall be liable for, and shall indemnify, defend, with counsel satisfactory to protect and hold Landlord and Landlord's members, partners, officers, directors, shareholders, employees, agents, successors and assigns (collectively, "LANDLORD INDEMNIFIED PARTIES") harmless from and against, any claims made and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including attorneys' fees and court costs (collectively, "INDEMNIFIED CLAIMS"), arising or legal actions filed resulting from (a) any occurrence at the Premises following the date Landlord delivers all or threatened any portion of the Premises to Tenant, unless caused by third parties against the negligence or willful misconduct of Landlord or its agents, employees or contractors, (b) any act or omission of Tenant or any of Tenant's agents, employees, contractors, subtenants, assignees, licensees or with respect to acts or omissions within the deathPremises only, bodily injuryTenant's invitees (collectively, personal injury"TENANT PARTIES"); (c) the use of the Premises and Common Areas and conduct of Tenant's business by Tenant or any Tenant Parties, damage to property or interference with contractual any other activity, work or property rights thing done, permitted or suffered by Tenant or any third party (including other tenants within the Project) which (i) occurred within the Leased Premises or (ii) resulted from Tenant’s use or occupancy of the Leased Premises or the Common Areas or (iii) resulted from Tenant’s activities Tenant Parties, in or about the Leased Premises, the Building or elsewhere in the Project; and/or (d) any default by Tenant of any obligations on Tenant's part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, and affecting this Lease or the Premises. Tenant shall indemnify and hold Landlord, Landlord’s principals, employees and agents harmless from in no event be liable to Landlord for any loss, including consequential damages or for loss of rents revenue or income and Landlord waives any and all claims for any such damages. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or its mortgagee has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Indemnified Parties by reason of vacant space which otherwise would have been leased but for any such activitiesIndemnified Claims, liabilityTenant, penalties, or expense whatsoever (including any legal fees incurred by Landlord with respect to defending such claims) resulting therefrom, except to the extent proximately caused by the active negligence or willful misconduct of Landlord. This indemnity agreement shall survive until the latter to occur of (i) the date of the expiration, or sooner termination, of this Lease, or (ii) the date Tenant actually vacates the Leased Premises. Notwithstanding the foregoing, Tenant shall be under no duty to indemnify and hold Landlord harmless, nor defend upon notice from Landlord, against any liability, claims, or damages arising because of shall defend the same at Tenant's expense by counsel reasonably acceptable to Landlord’s failure to make any repairs required by this Lease or to take any action required by this Lease or to take any action required of Landlord by this Lease, provided that the Landlord has been properly notified by Tenant of the required repair or action. The term “properly notified” shall mean notice as prescribed in Paragraph 13.10 of this Lease.

Tenant’s Indemnification of Landlord. Tenant shall be liable for, and shall indemnify, defend, with counsel satisfactory to protect and hold Landlord and Landlord's members, partners, officers, directors, shareholders, employees, agents, successors and assigns (collectively, "LANDLORD INDEMNIFIED PARTIES") harmless from and against, any claims made and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including attorneys' fees and court costs (collectively, "INDEMNIFIED CLAIMS"), arising or legal actions filed resulting from (a) any occurrence at the Premises following the date Landlord delivers all or threatened by third parties against Landlord with respect to the death, bodily injury, personal injury, damage to property or interference with contractual or property rights suffered by any third party (including other tenants within the Project) which (i) occurred within the Leased Premises or (ii) resulted from Tenant’s use or occupancy portion of the Leased Premises or the Common Areas or (iii) resulted from to Tenant’s activities in or about the Leased Premises, the Building or the Project, and Tenant shall indemnify and hold Landlord, Landlord’s principals, employees and agents harmless from any loss, including loss of rents by reason of vacant space which otherwise would have been leased but for such activities, liability, penalties, or expense whatsoever (including any legal fees incurred by Landlord with respect to defending such claims) resulting therefrom, except to the extent proximately unless caused by the active gross negligence or willful misconduct of Landlord. This indemnity agreement shall survive until Landlord or its agents, employees or contractors, (b) any act or omission of Tenant or any of Tenant's agents, employees, contractors, subtenants, assignees, licensees or with respect to acts or omissions within the latter to occur of Premises only, Tenant's invitees (icollectively, "TENANT PARTIES"); (c) the date use of the expirationPremises and conduct of Tenant's business by Tenant or any Tenant Parties, or sooner terminationany other activity, work or thing done, permitted or suffered by Tenant or any Tenant Parties, in or about the Premises or elsewhere in the Project; and/or (d) any default by Tenant of this Lease, or (ii) any obligations on Tenant's part to be performed under the date Tenant actually vacates the Leased Premises. Notwithstanding the foregoing, Tenant shall be under no duty to indemnify and hold Landlord harmless, nor defend Landlord, against any liability, claims, or damages arising because terms of Landlord’s failure to make any repairs required by this Lease or the terms of any contract or agreement to take any action required which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or its mortgagee has or should have knowledge or notice of the defect or conditions causing or contributing to take such injury, death, loss or damage. In case any action required or proceeding is brought against Landlord or any Landlord Indemnified Parties by reason of Landlord any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant's expense by this Leasecounsel approved in writing by Landlord, which approval shall not be unreasonably withheld, provided that the Landlord has been properly notified hereby approves any counsel engaged by Tenant of the required repair or action. The term “properly notified” shall mean notice as prescribed in Paragraph 13.10 of this LeaseTenant's insurance carrier.

Tenant’s Indemnification of Landlord. Tenant shall be liable for, and shall indemnify, defend, with counsel satisfactory to protect and hold Landlord and Landlord's members, partners, officers, directors, shareholders, employees, agents, successors and assigns (collectively, "Landlord Indemnified Parties") harmless from and against, any claims made and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including attorneys' fees and court costs (collectively, "Indemnified Claims"), arising or legal actions filed resulting from (a) any occurrence at the Premises following the date Landlord delivers all or threatened by third parties against Landlord any portion of the Premises to Tenant, (b) any act or omission of Tenant or any of Tenant's agents, employees, contractors, subtenants, assignees, licensees or with respect to the death, bodily injury, personal injury, damage to property acts or interference with contractual or property rights suffered by any third party (including other tenants omissions within the ProjectPremises only, Tenant's invitees (collectively, "Tenant Parties"); and/or (c) which (i) occurred within the Leased Premises or (ii) resulted from Tenant’s use or occupancy of the Leased Premises or the and Common Areas and conduct of Tenant's business by Tenant or (iii) resulted from Tenant’s activities any Tenant Parties, in or about the Leased Premises, the Building or the Project, and Tenant shall indemnify and hold Landlord, Landlord’s principals, employees and agents harmless from any loss, including loss of rents by reason of vacant space which otherwise would have been leased but for such activities, liability, penalties, or expense whatsoever (including any legal fees incurred by Landlord with respect to defending such claims) resulting therefrom, except to the extent proximately Premises unless caused by the active negligence or willful misconduct of Landlord. This indemnity agreement shall survive until the latter to occur of (i) the date of the expirationLandlord or its agents, employees or sooner termination, contractors or its breach of this Lease. The foregoing indemnification shall include, but not be limited to, any injury to, or (ii) death of, any person, or any loss of, or damage to, any property on the date Tenant actually vacates Premises, or on adjoining sidewalks, streets or ways, or connected with the Leased Premisesuse, condition or occupancy thereof, whether or not Landlord or its mortgagee has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. Notwithstanding the foregoingIn case any action or proceeding is brought against Landlord or any Landlord Indemnified Parties by reason of any such Indemnified Claims, Tenant shall be under no duty to indemnify and hold Landlord harmlessTenant, nor defend upon notice from Landlord, against any liabilityshall defend the same at Tenant's expense by counsel approved in writing by Landlord, claims, or damages arising because of Landlord’s failure to make any repairs required by this Lease or to take any action required by this Lease or to take any action required of Landlord by this Lease, provided that the Landlord has been properly notified by Tenant of the required repair or action. The term “properly notified” which approval shall mean notice as prescribed in Paragraph 13.10 of this Leasenot be unreasonably withheld.

Tenant’s Indemnification of Landlord. Tenant shall be liable for, and shall indemnify, defend, with counsel satisfactory to Landlordprotect and hold Landlord and the Landlord Indemnified Parties harmless from and against, any claims made and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including attorneys' fees and court costs (collectively, "Indemnified Claims"), arising or legal actions filed resulting from (a) any occurrence at the Premises following the date Landlord delivers all or threatened any portion of the Premises to Tenant, unless caused by third parties against the negligence or willful misconduct of Landlord with respect to or its agents, employees or contractors, (b) any act or omission of Tenant or any of Tenant's Parties (as defined in Section 6.4); (c) the deathuse of the Premises and Common Areas and conduct of Tenant's business by Tenant or any of Tenant's Parties, bodily injuryor any other activity, personal injurywork or thing done, damage to property permitted or interference with contractual or property rights suffered by Tenant or any third party (including other tenants within the Project) which (i) occurred within the Leased Premises or (ii) resulted from of Tenant’s use or occupancy of the Leased Premises or the Common Areas or (iii) resulted from Tenant’s activities 's Parties, in or about the Leased Premises, the Building or elsewhere in the Project; and/or (d) any default by Tenant of any obligations on Tenant's part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, and Tenant affecting this Lease or the Premises. The foregoing indemnification shall indemnify and hold Landlordinclude, Landlord’s principalsbut not be limited to, employees and agents harmless from any lossinjury to, including or death of, any person, or any loss of rents of, or damage to, any property on the Premises, adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof. In case any action or proceeding is brought against Landlord or any Landlord Indemnified Parties by reason of vacant space which otherwise would have been leased but for any such activitiesIndemnified Claims, liabilityTenant, penalties, or expense whatsoever (including any legal fees incurred by Landlord with respect to defending such claims) resulting therefrom, except to the extent proximately caused by the active negligence or willful misconduct of Landlord. This indemnity agreement shall survive until the latter to occur of (i) the date of the expiration, or sooner termination, of this Lease, or (ii) the date Tenant actually vacates the Leased Premises. Notwithstanding the foregoing, Tenant shall be under no duty to indemnify and hold Landlord harmless, nor defend upon notice from Landlord, against any liabilityshall defend the same at Tenant's expense by counsel approved in writing by Landlord, claims, or damages arising because of Landlord’s failure to make any repairs required by this Lease or to take any action required by this Lease or to take any action required of Landlord by this Lease, provided that the Landlord has been properly notified by Tenant of the required repair or action. The term “properly notified” which approval shall mean notice as prescribed in Paragraph 13.10 of this Leasenot be unreasonably withheld.