Tenant’s Indemnification of Landlord. Except as otherwise provided in Section 10.7 and notwithstanding the existence of any insurance provided for in Article 15, and without regard to the policy limits of any such insurance, Tenant will protect, indemnify, save harmless and defend Landlord, the Company and Affiliates of the Company from and against all liabilities, obligations, claims, actual or consequential damages, penalties, causes of action, costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord, the Company or Affiliates of the Company by reason of: (a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Property or adjoining property, including, but not limited to, any accident, injury to or death of Person or loss of or damage to property resulting from golf balls, golf clubs, golf shoes, lawn mowers or other equipment, pesticides, fertilizers or other substances, golf carts, tractors or other motorized vehicles present on or adjacent to the Property; (b) any use, misuse, non-use, condition, maintenance or repair of the Property; (c) any Impositions (which are the obligations of Tenant to pay pursuant to the applicable provisions of this Lease); (d) any failure on the part of Tenant to perform or comply with any of the terms of this Lease; (e) any so-called "dram shop" liability associated with the sale and/or consumption of alcohol at the Property; (f) the non-performance of any of the terms and provisions of any and all existing and future subleases of the Property to be performed by the landlord (Tenant) thereunder; (g) the negligence or alleged negligence of Landlord with respect to the Property; or (h) any liability Landlord may incur or suffer as a result of any permitted contest by Tenant pursuant to Article 14.
Appears in 7 contracts
Samples: Lease (Golf Trust of America Inc), Lease (Golf Trust of America Inc), Lease (Golf Trust of America Inc)
Tenant’s Indemnification of Landlord. Except as otherwise provided in Section 10.7 and notwithstanding the existence of any insurance provided for in Article 15, and without regard to the policy limits of any such insurance, Tenant will protect, indemnify, save harmless and defend Landlord, the Company and Affiliates of the Company from and against all liabilities, obligations, claims, actual or consequential damages, penalties, causes of action, costs and expenses (including expenses(including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord, the Company or Affiliates of the Company by reason of:
(a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Property or adjoining property, including, but not limited to, any accident, injury to or death of Person or loss of or damage to property resulting from golf balls, golf clubs, golf shoes, lawn mowers or other equipment, pesticides, fertilizers or other substances, golf carts, tractors or other motorized vehicles present on or adjacent to the Property;
(b) any use, misuse, non-use, condition, maintenance or repair of the Property;
(c) any Impositions (which are the obligations of Tenant to pay pursuant to the applicable provisions of this Lease);
(d) any failure on the part of Tenant to perform or comply with any of the terms of this Lease;
(e) any so-called "dram shop" liability associated with the sale and/or consumption of alcohol at the Property;
(f) the non-performance of any of the terms and provisions of any and all existing and future subleases of the Property to be performed by the landlord (Tenant) thereunderTenant)thereunder;
(g) the negligence or alleged negligence of Landlord with respect to the Property; or
(h) any liability Landlord may incur or suffer as a result of any permitted contest by Tenant pursuant to Article 14.
Appears in 2 contracts
Samples: Lease (Golf Trust of America Inc), Lease (Golf Trust of America Inc)
Tenant’s Indemnification of Landlord. Except as otherwise provided in Section 10.7 and notwithstanding the existence of any insurance provided for in Article 15, and without regard to the policy limits of any such insurance, Tenant will protect, indemnify, save harmless and defend Landlord, the Company and Affiliates of the Company from and against all liabilities, obligations, claims, actual or consequential damages, penalties, causes of action, costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord, the Company or Affiliates of the Company by reason of:
(a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Property or adjoining property, including, but not limited to, any accident, injury to or death of Person or loss of or damage to property resulting from golf balls, golf clubs, golf shoes, lawn mowers or other equipment, pesticides, fertilizers or other substances, golf carts, tractors or other motorized vehicles present on or adjacent to the Property;
(b) any use, misuse, non-use, condition, maintenance or repair of the Property;
(c) any Impositions (which are the obligations of Tenant to pay pursuant to the applicable provisions of this Lease);
(d) any failure on the part of Tenant to perform or comply with any of the terms of this Lease;
(e) any so-called "dram shop" liability associated with the sale and/or consumption of alcohol at the Property;
(f) the non-performance of any of the terms and provisions of any and all existing and future subleases of the Property to be performed by the landlord (Tenant) thereunder;
(g) the negligence or alleged negligence of Landlord with respect to the Property; or
(hg) any liability Landlord may incur or suffer as a result of any permitted contest by Tenant pursuant to Article 14.
Appears in 1 contract
Samples: Lease (Golf Trust of America Inc)
Tenant’s Indemnification of Landlord. Except as otherwise provided in Section 10.7 10.2 and notwithstanding the existence of any insurance provided for in Article 15, and without regard to the policy limits of any such insurance, Tenant will protect, indemnify, save harmless and defend Landlord, the Company and Affiliates of the Company from and against all liabilities, obligations, claims, actual or consequential damages, penalties, causes of action, costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord, the Company or Affiliates of the Company by reason of:
(a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Property or adjoining property, including, but not limited to, any accident, injury to or death of Person or loss of or damage to property resulting from golf balls, golf clubs, golf shoes, lawn mowers or other equipment, pesticides, fertilizers or other substances, golf carts, tractors or other motorized vehicles present on or adjacent to the Property;
(b) any use, misuse, non-use, condition, maintenance or repair of the Property;
(c) any Impositions (which are the obligations of Tenant to pay pursuant to the applicable provisions of this Lease);
(d) any failure on the part of Tenant to perform or comply with any of the terms of this Lease;
(e) any so-called "dram shop" liability associated with the sale and/or consumption of alcohol at the Property;
(f) the non-performance of any of the terms and provisions of any and all existing and future subleases of the Property to be performed by the landlord (Tenant) thereunder;
(g) the negligence or alleged negligence of Landlord with respect to the Property; or
(hg) any liability Landlord may incur or suffer as a result of any permitted contest by Tenant pursuant to Article 14.
Appears in 1 contract
Samples: Lease (Golf Trust of America Inc)
Tenant’s Indemnification of Landlord. Except as otherwise provided in Section 10.7 and notwithstanding the existence of any insurance provided for in Article 15, and without regard to the policy limits of any such insurance, Tenant will protect, indemnify, save harmless and defend Landlord, the Company and Affiliates of the Company from and against all liabilities, obligations, claims, actual or consequential damages, penalties, causes of action, costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord, the Company or Affiliates of the Company by reason of:
(a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Property or adjoining property, including, but not limited to, any accident, injury to or death of Person or loss of or damage to property resulting from golf balls, golf clubs, golf shoes, lawn mowers or other equipment, pesticides, fertilizers or other substances, golf carts, tractors or other motorized vehicles present on or adjacent to the Property;
(b) any use, misuse, non-use, condition, maintenance or repair of the Property;
(c) any Impositions (which are the obligations of Tenant to pay pursuant to the applicable provisions of this Lease);
(d) any failure on the part of Tenant to perform or comply with any of the terms of this Lease;
(e) any so-called "dram shop" liability associated with the sale and/or consumption of alcohol at the Property;
(f) the non-performance of any of the terms and provisions of any and all existing and future subleases of the Property to be performed by the landlord (Tenant) thereunder;
(g) the negligence or alleged negligence of Landlord with respect to the Property; or
(h) any liability Landlord may incur or suffer as a result of any permitted contest by Tenant pursuant to Article 14.
Appears in 1 contract
Samples: Lease (Golf Trust of America Inc)
Tenant’s Indemnification of Landlord. Except as otherwise provided in Section 10.7 and notwithstanding the existence of any insurance provided for in Article 15, and without regard to the policy limits of any such insurance, Tenant will protect, indemnify, save harmless and defend Landlord, the Company and Affiliates of the Company from and against all liabilities, obligations, claims, actual or consequential damages, penalties, causes of action, costs and expenses (including expenses(including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord, the Company or Affiliates of the Company by reason of:
(a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Property or adjoining property, including, but not limited to, any accident, injury to or death of Person or loss of or damage to property resulting from golf balls, golf clubs, golf shoes, lawn mowers or other equipment, pesticides, fertilizers or other substances, golf carts, tractors or other motorized vehicles present on or adjacent to the Property;
(b) any use, misuse, non-use, condition, maintenance or repair of the Property;
(c) any Impositions (which are the obligations of Tenant to pay pursuant to the applicable provisions of this Lease);
(d) any failure on the part of Tenant to perform or comply with any of the terms of this Lease;
(e) any so-called "dram shop" liability associated with the sale and/or consumption of alcohol at the Property;
(f) the non-performance of any of the terms and provisions of any and all existing and future subleases of the Property to be performed by the landlord (Tenant) thereunderTenant)thereunder;
(g) the negligence or alleged negligence of Landlord with respect to the Property; or
(h) any liability Landlord may incur or suffer as a result of any permitted contest by Tenant pursuant to Article 14.
(i) any liability Landlord may incur or suffer as a result of Tenant's failure to comply with Landlord's obligations described in Sections 6.7, 28.24 and 28.25 herein.
Appears in 1 contract
Samples: Lease (Golf Trust of America Inc)
Tenant’s Indemnification of Landlord. Except as otherwise provided in Section 10.7 10.2 and notwithstanding the existence of any insurance provided for in Article 15, and without regard to the policy limits of any such insurance, Tenant will protect, indemnify, save harmless and defend Landlord, the Company and Affiliates of the Company from and against all liabilities, obligations, claims, actual or damages (but excluding consequential damages), penalties, causes of action, costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord, the Company or Affiliates of the Company by reason of:
(a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Property or adjoining property, including, but not limited to, any accident, injury to or death of Person or loss of or damage to property resulting from golf balls, golf clubs, golf shoes, lawn mowers or other equipment, pesticides, fertilizers or other substances, golf carts, tractors or other motorized vehicles present on or adjacent to the Property;
(b) any use, misuse, non-use, condition, maintenance or repair of the Property;
(c) any Impositions (which are the obligations of Tenant to pay pursuant to the applicable provisions of this Lease);
(d) any failure on the part of Tenant to perform or comply with any of the terms of this Lease;
(e) any so-called "dram shop" liability associated with the sale and/or consumption of alcohol at the Property;
(f) the non-performance of any of the terms and provisions of any and all existing and future subleases of the Property to be performed by the landlord (Tenant) thereunder;
(g) the negligence or alleged negligence of Landlord with respect to the Property; or
(h) any liability Landlord may incur or suffer as a result of any permitted contest by Tenant pursuant to Article 14.
Appears in 1 contract
Samples: Lease (Golf Trust of America Inc)
Tenant’s Indemnification of Landlord. Except as otherwise provided in Section 10.7 and notwithstanding the existence of any insurance provided for in Article 15, and without regard to the policy limits of any such insurance, Tenant 50 will protect, indemnify, save harmless and defend Landlord, the Company and Affiliates of the Company from and against all liabilities, obligations, claims, actual or consequential damages, penalties, causes of action, costs and expenses (including reasonable attorneys' fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord, the Company or Affiliates of the Company by reason of:
(a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Property or adjoining property, including, but not limited to, any accident, injury to or death of Person or loss of or damage to property resulting from golf balls, golf clubs, golf shoes, lawn mowers or other equipment, pesticides, fertilizers or other substances, golf carts, tractors or other motorized vehicles present on or adjacent to the Property;
(b) any use, misuse, non-use, condition, maintenance or repair of the Property;
(c) any Impositions (which are the obligations of Tenant to pay pursuant to the applicable provisions of this Lease);
(d) any failure on the part of Tenant to perform or comply with any of the terms of this Lease;
(e) any so-called "dram shop" liability associated with the sale and/or consumption of alcohol at the Property;
(f) the non-performance of any of the terms and provisions of any and all existing and future subleases of the Property to be performed by the landlord (Tenant) thereunder;
(g) the negligence or alleged negligence of Landlord with respect to the Property; or
(h) any liability Landlord may incur or suffer as a result of any permitted contest by Tenant pursuant to Article 14.
Appears in 1 contract
Samples: Lease (Golf Trust of America Inc)