Tenant’s Indemnification. Except for any injury to persons or damage to property that is proximately caused by or results proximately from the gross negligence or willful misconduct of Landlord, its employees or agents, and subject to the provisions of Article 6.4 herein, Tenant shall indemnify and hold the Indemnified Parties (defined below) harmless from and against, any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, and expenses (including, without limitation, reasonable attorney’s fees) incurred in connection with or arising from: (a) the use or occupancy or manner of use or occupancy of the Premises by Tenant or any person claiming under Tenant; (b) any activity, work, or thing done or permitted by Tenant in or about the Premises, the Building, or the Project; (c) any breach by Tenant or its employees, agents, contractors, or invitees of this Lease; (d) any injury or damage to the person, property, or business of Tenant, its employees, agents, contractors, or invitees entering upon the Premises under the express or implied invitation of Tenant; and (e) any alleged violation by Tenant of the ADA and/or any other law, rule, code or regulation. If any action or proceeding is brought against an Indemnified Party by reason of any of the foregoing (a) though (e), Tenant, upon written notice from such Indemnified Party, shall defend the same at Tenant’s expense, with counsel reasonably satisfactory to Landlord.
Appears in 4 contracts
Samples: Office Lease, Office Lease (Acucela Inc), Office Lease (Zillow Inc)
Tenant’s Indemnification. Except for any injury to persons or damage to property on the Premises that is proximately caused by or results proximately from the gross negligence or willful misconduct deliberate act of Landlord, its employees or agents, and subject to the provisions of Article 6.4 herein, Tenant shall indemnify and hold Landlord, Landlord’s wholly owned subsidiaries and the employees and agents of Landlord and Landlord’s wholly owned subsidiaries, (hereinafter collectively referred to as the “Indemnified Parties (defined below) Parties” and individually as an “Indemnified Party”), their employees and agents harmless from and against, any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, and expenses (including, without limitation, reasonable attorney’s fees) incurred in connection with or arising from:
(a) the use or occupancy or manner of use or occupancy of the Premises by Tenant or any person claiming under Tenant;
(b) any activity, work, or thing done or permitted by Tenant in or about the Premises, the Building, or the Project;
(c) any breach by Tenant or its employees, agents, contractors, or invitees of this Lease;
(d) any injury or damage to the person, property, or business of Tenant, its employees, agents, contractors, or invitees entering upon the Premises under the express or implied invitation of Tenant; and
(e) any alleged violation by Tenant of any statutes, laws, rules, regulations, including, without limitation, the ADA and/or any other law, rule, code or regulationADA. If any action or proceeding is brought against an Indemnified Party by reason of any of such claim for which Tenant has indemnified the foregoing (a) though (e)Indemnified Parties, Tenant, upon written notice from such Indemnified Party, shall defend the same at Tenant’s expense, with counsel reasonably satisfactory to Landlord.
Appears in 3 contracts
Samples: Office Lease (Blue Water Acquisition Corp.), Office Lease (Clarus Therapeutics Inc), Office Lease (Clarus Therapeutics Inc)
Tenant’s Indemnification. Except for any injury to persons or damage to property that is proximately caused by or results proximately from the gross negligence or willful misconduct of Landlord, its employees or agents, and subject to the provisions of Article 6.4 herein, Tenant shall indemnify and hold the Indemnified Parties indemnify, defend (defined below) harmless from and against, any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, and expenses (including, without limitation, reasonable attorney’s fees) incurred in connection with or arising from:
(a) the use or occupancy or manner of use or occupancy of the Premises by Tenant or any person claiming under Tenant;
(b) any activity, work, or thing done or permitted by Tenant in or about the Premises, the Building, or the Project;
(c) any breach by Tenant or its employees, agents, contractors, or invitees of this Lease;
(d) any injury or damage to the person, property, or business of Tenant, its employees, agents, contractors, or invitees entering upon the Premises under the express or implied invitation of Tenant; and
(e) any alleged violation by Tenant of the ADA and/or any other law, rule, code or regulation. If any action or proceeding is brought against an Indemnified Party by reason of any of the foregoing (a) though (e), Tenant, upon written notice from such Indemnified Party, shall defend the same at Tenant’s expense, with counsel reasonably satisfactory to Landlord) and hold Landlord harmless from all suits, claims, actions, losses, costs and expenses (including, but not limited to, claims for workers’ compensation, attorneys’ fees and costs) based on personal injury or property damage or contract claims (including, but not limited to, claims for breach of warranty) arising from the performance of Tenant’s Work, except to the extent (i) any such claims or matters arise from (A) negligence or willful misconduct or omission by Landlord or its agents, employees or contractors or (B) Landlord’s material breach of its obligations under this Workletter or the Lease, or (ii) any such specific items of costs or expenses are expressly made the responsibility of Landlord under any other applicable provisions of this Workletter (provided that the exception set forth in this clause (ii) shall not apply to the extent the applicable items of costs or expenses would not have arisen or been incurred except for the negligence or willful misconduct or omission of Tenant or its agents, employees or contractors). Subject to Section 10.4 of the Lease, Tenant shall repair or replace (or, at Landlord’s election, reimburse Landlord for the cost of repairing or replacing) any portion of Landlord’s Work and/or any of Landlord’s real or personal property or equipment that is damaged, lost or destroyed in the course of or in connection with the performance of Tenant’s Work.
Appears in 3 contracts
Samples: Sublease (OncoMed Pharmaceuticals Inc), Sublease (OncoMed Pharmaceuticals Inc), Lease Agreement (OncoMed Pharmaceuticals Inc)
Tenant’s Indemnification. Except for to the extent of any injury to persons or damage to property that is proximately caused by or results proximately from the gross negligence or willful misconduct of Landlord, its employees or agents, and subject to the provisions of Article 6.4 hereinParagraph 8(d) above, Tenant shall indemnify and hold the Indemnified Parties (defined below) Landlord Indemnitees harmless from and against, against any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, and expenses (including, without limitation, reasonable attorney’s attorneys’ fees) incurred in connection with or arising from:
(ai) the The use or occupancy or manner of use or occupancy of the Premises by Tenant or any person claiming under of the Tenant’s Parties;
(bii) any Any activity, work, or thing done or permitted by Tenant in or about the Premises, the Building, or the Project;
(ciii) any Any breach by Tenant or its employees, agents, contractors, or invitees by any of the Tenant’s Parties of this Lease;
(div) any Any injury or damage to the person, property, property or business of Tenant or any of the Tenant, its employees, agents, contractors, or invitees ’s Parties entering upon the Premises under the express or implied invitation of Tenant; , and
(ev) any Any alleged violation by Tenant of the ADA and/or any other law, rule, code or regulationRegulation. If any action or proceeding is brought against an Indemnified Party a Landlord Indemnitee by reason of any of the foregoing items (ai) though through (ev), Tenant, upon written notice from such Indemnified PartyLandlord Indemnitee, shall defend the same at Tenant’s expense, with counsel reasonably satisfactory to Landlord. Tenant’s obligations pursuant to the foregoing indemnity shall survive the termination of this Lease.
Appears in 1 contract
Tenant’s Indemnification. Except for any injury to persons or damage to property on the Premises that is proximately caused by or results proximately from the gross negligence or willful misconduct deliberate act of Landlord, its employees or agents, and subject to the provisions of Article 6.4 8.04 herein, Tenant shall indemnify and hold Landlord, Landlord’s wholly owned subsidiaries and the employees and agents of Landlord and Landlord’s wholly owned subsidiaries, (hereinafter collectively referred to as the “Indemnified Parties (defined below) Parties” and individually as an “Indemnified Party”), their employees and agents harmless from and against, any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, and expenses (including, without limitation, reasonable attorney’s attorneys’ fees) incurred in connection with or arising from:
(a) the use or occupancy or manner of use or occupancy of the Premises by Tenant or any person claiming under Tenant;
(b) any activity, work, or thing done or permitted by Tenant in or about the Premises, the Building, or the ProjectProperty;
(c) any breach by Tenant or its employees, agents, contractors, or invitees of this Lease;
(d) any injury or damage to the person, property, or business of Tenant, its employees, agents, contractors, or invitees entering upon the Premises under the express or implied invitation of Tenant; and
(e) any alleged violation by Tenant of any statutes, laws, rules, regulations, including, without limitation, the ADA and/or any other law, rule, code or regulationADA. If any action or proceeding is brought against an Indemnified Party by reason of any of such claim for which Tenant has indemnified the foregoing (a) though (e)Indemnified Parties, Tenant, upon written notice from such Indemnified Party, shall defend the same at Tenant’s expense, with counsel reasonably satisfactory to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Ener1 Inc)
Tenant’s Indemnification. Except for any injury to persons or damage to property that is proximately caused by or results proximately from the gross negligence or willful misconduct of Landlord, its employees or agents, and subject to the provisions of Article 6.4 herein, Tenant shall indemnify indemnify, defend and hold harmless Landlord and its members, officers, directors, employees, attorneys and agents (collectively, the Indemnified Parties (defined below“Indemnitees”) harmless from and against, against any and all claims, demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, costs, expenses, attorneys fees, and expenses (including, without limitation, reasonable attorneyall losses and damages arising from Tenant’s fees) incurred in connection with or arising from:
(a) the use or occupancy or manner of use or occupancy of the Premises by Tenant or any person claiming under Tenant;
(b) from the conduct of its business or from any activity, work, or thing done other acts or things done, permitted or suffered by Tenant in or about the Premises, the Property or the Building, or and shall further indemnify, defend and hold harmless the Project;
(c) Indemnitees from and against any and all claims arising from any breach by Tenant or its employees, agents, contractors, or invitees default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease;
(d) any injury or damage to the person, property, or business arising from any act or omission of Tenant, its employeesor any officer, agentsagent, contractorsemployee, independent contractor, guest, or invitees entering upon invitee thereof, and from all costs, attorney fees, disbursements, and liabilities incurred in the Premises under the express defense of any such claim or implied invitation of Tenant; and
(e) any alleged violation by Tenant of the ADA and/or any other law, rule, code or regulation. If any action or proceeding is which may be brought against an Indemnified Party by reason against, out of or in any of the foregoing (a) though (e), Tenant, upon written way related to this Lease. Upon notice from such Indemnified PartyLandlord, Tenant shall defend the same any such claim, demand, cause of action or suit at Tenant’s expense, with expense by counsel reasonably satisfactory to Landlord. The provisions of this Section 14.03 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Spacedev, Inc.)
Tenant’s Indemnification. Except for any injury to persons or damage to property that is proximately caused by or results proximately from the gross negligence or willful misconduct of Landlord, its employees or agents, and subject to the provisions of Article 6.4 herein, Tenant shall indemnify indemnify, defend and hold harmless Landlord and its officers, directors, employees, attorneys and agents (collectively, the Indemnified Parties (defined below“Indemnitees”) harmless from and against, against any and all claims, demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, costs, expenses, and expenses all losses and damages (including, without limitation, reasonable attorneyexcluding consequential and punitive damages) arising from Tenant’s fees) incurred in connection with or arising from:
(a) the use or occupancy or manner of use or occupancy of the Premises by Tenant or any person claiming under Tenant;
(b) from the conduct of its business or from any activity, work, or thing done other acts or things done, permitted or suffered by Tenant in or about the Premises, the Building, or the Project;
(c) Project and shall further indemnify, defend and hold harmless the Indemnitees from and against any and all claims arising from any breach by Tenant or its employees, agents, contractors, or invitees default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease;
(d) any injury or damage to the person, property, or business arising from any act or omission of Tenant, its employeesor any officer, agentsagent, contractorsemployee, independent contractor, guest, or invitees entering upon invitee thereof, and from all costs, reasonable attorney fees and disbursements, and liabilities incurred in the Premises under the express defense of any such claim or implied invitation of Tenant; and
(e) any alleged violation by Tenant of the ADA and/or any other law, rule, code or regulation. If any action or proceeding is which may be brought against an Indemnified Party by reason against, out of or in any of the foregoing (a) though (e), Tenant, upon written way related to this Lease. Upon notice from such Indemnified PartyLandlord, Tenant shall defend the same any such claim, demand, cause of action or suit at Tenant’s expense, with expense by counsel reasonably satisfactory to LandlordLandlord in its reasonable discretion. The provisions of this Section 13.03 shall survive the expiration or earlier termination of this Lease.
Appears in 1 contract