Common use of Tenant’s Indemnification Clause in Contracts

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default by Tenant as to 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, 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 any Landlord Parties 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 Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Appears in 1 contract

Samples: Office Lease (Alteryx, Inc.)

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Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Landlord Indemnified Claims”), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default Default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or any default by Tenant under the terms of any other contract or agreement to 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 any Landlord Parties 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 Parties by reason of any such Landlord Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Appears in 1 contract

Samples: Orchard Supply Hardware Stores Corp

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect defend and hold ------------------------- Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities liabilities, costs, expenses and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), claims arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion Tenant's use of the Premises to Tenant, except to or the extent caused by the gross negligence or willful misconduct conduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant its business or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work work, or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility (b) any breach or elsewhere default in the Project; and/or (d) performance of any default by Tenant as to any obligations on Tenant’s part obligation to be performed by Tenant under the terms of this Lease Lease, (c) any act, neglect, fault or the terms omission of any contract Tenant or agreement to which Tenant is a party of its agents or by which it is boundemployees, affecting this Lease and (d) all costs, attorneys' fees, expenses and liabilities incurred in or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, about such claims or any loss of, action 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 any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damageproceeding brought thereon. In case any action or proceeding is shall be brought against Landlord or any Landlord Parties by reason of any such Indemnified Claimsclaim, Tenant, Tenant upon notice from Landlord, Landlord shall defend the same at Tenant’s 's expense by counsel approved in writing by Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of and waives all claims against Landlord with respect to damage to property or. injury to persons in, upon or about the Premises from any cause whatsoever except that which approval is caused by the failure of Landlord to observe any of the terms and conditions of this Lease where such failure has persisted for an unreasonable period of time after written notice to Landlord of such failure. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TENANT ACKNOWLEDGES AND AGREES THAT IT SHALL BE SOLELY RESPONSIBLE FOR PROVIDING ADEQUATE SECURITY FOR ITS PREMISES, AND ITS USE OF THE BUILDING AND THE COMMON AREAS THEREOF. LANDLORD SHALL HAVE NO RESPONSIBILITY TO PREVENT, AND SHALL NOT BE LIABLE TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES, FOR LOSSES DUE TO THEFT, BURGLARY OR OTHER CRIMINAL ACTIVITY, OR FOR DAMAGES OR INJURIES TO PERSONS OR PROPERTY RESULTING FROM PERSONS GAINING ACCESS TO THE PREMISES OR THE BUILDING, AND TENANT HEREBY RELEASES LANDLORD AND ITS AGENTS AND EMPLOYEES FROM ALL LIABILITIES FOR SUCH LOSSES, DAMAGES OR INJURY, REGARDLESS OF THE CAUSE THEREOF. Notwithstanding the foregoing, Tenant shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant indemnify or release Landlord for bodily injury to persons to the provisions of this Leaseextent such injury is directly caused by or results from Landlord's gross negligence or willful misconduct.

Appears in 1 contract

Samples: I Lease (American Ecology Corp)

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs : (collectively, “Indemnified Claims”), arising or resulting from (ai) any occurrence Remedial Work required under any Environmental Law or by any Governmental Agency in the Premises following due to the date Landlord delivers possession activities of all Tenant and/or its agents, independent contractors, representatives and/or employees or with respect to any portion activities of Tenant and/or its agents, independent contractors, representatives and/or employees in the Property, (ii) any breach of this Paragraph 9 of this Lease; and (iii) any claims of third parties for loss, injury, expense, or damage arising out of the Premises to Tenantpresence, except to the extent caused by the gross negligence release, or willful misconduct discharge of Landlord any Hazardous Materials on, under, in, above, to, or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of from the Premises, or in the Building, Property if due to the Facility and the Project and conduct activities of Tenant’s business by Tenant or . In the event any of Tenant’s PartiesRemedial Work is so required under any applicable federal, state, or any other activitylocal law, work rule, regulation or thing doneorder due to the activities of Tenant and/or its agents, permitted independent contractors, representatives and/or employees, Tenant shall promptly perform or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default by Tenant as to any obligations on Tenant’s part cause to be performed such Remedial Work in compliance with such law, rule, regulation, or order. In the event Tenant shall fail to commence the Remedial Work in a timely fashion, or shall fail to prosecute diligently the Remedial Work to completion, such failure shall constitute an event of default on the part of Tenant under the terms of this Lease Lease, and Landlord, in addition to any other rights or the terms of any contract or agreement to which Tenant is a party or by which remedies afforded it is boundhereunder, affecting this Lease or the Premises. The foregoing indemnification shall includemay, 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 any Landlord Parties 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 Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheldobligated to, cause the Remedial Work to be performed, and Tenant shall promptly reimburse Landlord for any and all costs and expenses, including attorneys fees, related thereto upon demand. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease This provision shall expressly survive the expiration or earlier termination of this the Lease. Tenant’s covenants, agreements Landlord and indemnification in Section 16.1 and this Section 16.2 Landlord's representatives are not intended authorized to enter the Premises at any time to inspect the Remedial Work. Tenant shall keep Landlord apprised of all efforts to perform the Remedial Work and shall not relieve any insurance carrier provide Landlord with copies of its obligations under policies required to be carried by Tenant pursuant all correspondence, reports, or other documents pertaining to the provisions Remedial Work within 48 hours of this LeaseTenant's receipt of such documentation.

Appears in 1 contract

Samples: Lease Agreement (Labone Inc/)

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect defend and hold harmless Landlord and its officers, directors, owners, employees, attorneys and agents (collectively, the "Landlord Parties harmless Indemnitees") from and against, against any and all claims, damages, judgments, suitsdemands, causes of action, lossesjudgments, liabilities and costs, expenses, including, without limitation, attorneys’ fees and court costs all losses and damages (collectively, “Indemnified Claims”), including consequential and punitive damages) arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion Tenant's use of the Premises to Tenant, except to or from the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s its business by Tenant or from any of Tenant’s Partiesactivity, work, or any other activity, work acts or thing things done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, and shall further indemnify, defend and hold harmless the Building, the Facility Landlord Indemnitees from and against any and all claims arising from any breach or elsewhere default in the Project; and/or (d) performance of any default by Tenant as to any obligations obligation on Tenant’s 's part to be performed under the terms of this Lease Lease, or arising from any act, omission or negligence or willful or criminal misconduct of Tenant, or any officer, agent, employee, independent contractor, guest, or invitee thereof, and from all costs, reasonable attorneys' fees and disbursements, and liabilities incurred in the terms defense of any contract such claim or agreement any action or proceeding which may be brought against, out of or in any way related to which this Lease. Tenant's indemnity obligations set forth in this Section 13.3(a) shall not operate or apply to any such claim(s) arising from Landlord's negligence or willful misconduct. Upon notice from Landlord, Tenant shall defend any such claim, demand, cause of action or suit at Tenant's expense by counsel satisfactory to Landlord in its sole discretion. As a material part of the consideration to Landlord for this Lease, Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause, and Tenant hereby waives all claims with respect thereto against the Indemnitees, except to the extent Landlord is a party obligated to indemnify Tenant pursuant to Section 13.3(b). Tenant shall give immediate notice to Landlord in case of casualty or by which it is bound, affecting this Lease or accidents in 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 any Landlord Parties has or should have knowledge or notice provisions 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 Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease 13.3(a) shall survive the expiration or earlier sooner termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Appears in 1 contract

Samples: Lease (Quantum Corp /De/)

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act intentional act, gross negligence, willful misconduct or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility Building and the Project Property and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility Building or elsewhere in on the ProjectProperty; and/or (d) any default Event of Default by Tenant as to 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, 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 any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. The foregoing indemnification shall not include damage to adjoining sidewalks, streets or ways except to the extent caused by Tenant’s signage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Appears in 1 contract

Samples: Trulia, Inc.

Tenant’s Indemnification. Except to the extent arising from the negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility Building and the Project Property and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility Building or elsewhere in on the ProjectProperty; and/or (d) any default by Tenant as to 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, 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 any Landlord Parties 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 Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Appears in 1 contract

Samples: iRhythm Technologies, Inc.

Tenant’s Indemnification. 21.1 Tenant shall be liable for, and shall indemnify, defend, protect defend and hold Landlord harmless Landlord, Landlord's asset manager, Landlord's subasset manager, Landlord's partners, any subsidiary or affiliate of Landlord, any Mortgagee, and the Landlord Parties harmless officers, directors, shareholders, partners, employees, managers, independent contractors, attorneys and agents of any of the foregoing (collectively, the "Indemnitees") from and against, against any and all claims, damages, judgments, suitsdemands, causes of action, lossesjudgments, liabilities costs and expenses, including, without limitation, attorneys’ fees and court costs all losses and damages (collectively, “Indemnified Claims”), including consequential and punitive damages) arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion Tenant's use of the Demised Premises to Tenantor from the conduct of its business or from any activity, work, or other acts or things done, permitted or suffered by Tenant in or about the Demised Premises, except to the extent caused by the Landlord's gross negligence or willful misconduct of Landlord misconduct, and Tenant shall further indemnify, defend and hold harmless the Indemnitees from and against any and all claims arising from any breach or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere default in the Project; and/or (d) performance of any default by Tenant as to any obligations obligation on Tenant’s '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, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury tolease, or death ofarising from any act, any personomission or negligence or willful or criminal misconduct of Tenant, or any loss ofofficer, agent, employee, independent contractor, guest, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy invitee thereof, whether and from all costs, attorneys' fees and disbursements, and liabilities incurred in the defense of any such claim or not Landlord or any Landlord Parties 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 which may be brought against Landlord against, out of or in any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon way related to this lease. Upon notice from Landlord, Tenant shall defend the same any such claim, demand, cause of action or suit at Tenant’s 's expense by counsel approved reasonably satisfactory to Landlord in writing by its sole discretion. As a material part of the consideration to Landlord for this lease, Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Demised Premises from any cause (excluding liability and damages arising from the environmental condition of the Industrial Complex as of the date of this lease and any remediation and monitoring obligations related thereto), and Tenant hereby waives all claims with respect thereto (except as herein provided) against Landlord, which approval . Tenant shall not be unreasonably withheldgive immediate notice to Landlord in case of casualty or accidents in the Demised Premises. Tenant’s indemnification obligations under The provisions of this Section 16.2 and elsewhere in this Lease Article 21 shall survive the expiration or earlier sooner termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Leaselease.

Appears in 1 contract

Samples: Aerobic Creations, Inc.

Tenant’s Indemnification. (A) Tenant shall be liable for, and shall indemnify, defend, protect defend and hold harmless Landlord and its officers, directors, employees, attorneys and agents (collectively, the Landlord Parties harmless "Indemnitees") from and against, against any and all claims, damages, judgments, suitsdemands, causes of action, lossesjudgments, liabilities costs and expenses, including, without limitation, attorneys’ fees and court costs all losses and damages (collectively, “Indemnified Claims”), including consequential and punitive damages ) arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion Tenant's use of the Premises to Tenant, except to or from the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s its business by Tenant or form any of Tenant’s Parties, or any other activity, work or thing other acts or things done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, and shall further indemnify, defend and hold harmless the Building, the Facility Indemnitees from and against any and all claims arising from any breach or elsewhere default in the Project; and/or (d) performance of any default by Tenant as to any obligations obligation on Tenant’s 's part to be performed under the terms of this Lease Lease, or arising from any act, omission or negligence or willful or criminal misconduct of Tenant, or any officer, agent, employee, independent contractor, guest, or invitee thereof, and from all costs, attorneys' fees and disbursements, and liabilities incurred in the terms defense of any contract such claim or agreement any action or proceeding which may be brought against, out of for in any way related to which this Lease. Upon notice from Landlord, Tenant is shall defend any such claim, demand, cause of action or suit at Tenant's expense by counsel satisfactory to Landlord in its sole discretion. As a party material part of the consideration to Landlord for this Lease, Tenant hereby assumes all risk of damage to property or by which it is boundinjury to persons in, affecting this Lease upon or about the Premises from any cause, and Tenant hereby waives all claims with respect thereto against Landlord. Tenant shall give immediate notice to Landlord in case of casualty or accidents in 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 any Landlord Parties has or should have knowledge or notice provisions 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 Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier sooner termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Appears in 1 contract

Samples: Lease (Integrated Performance Systems Inc)

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except Except to the extent caused by the gross negligence or willful misconduct of Landlord, Tenant hereby agrees to indemnify, defend, and hold harmless Landlord and the Landlord Group (as such term is defined in the Basic Lease Information) from and against (and to reimburse Landlord and the Landlord Group for) any and all claims, actions, suits, proceedings, losses, damages, obligations, liabilities, penalties, fines, costs and expenses (including, without limitation, attorneys’ fees, legal costs, and other costs and expenses of defending against any claims, actions, suits, or proceedings) (collectively, “Claims”) arising from, in connection with, or in any manner relating to (or alleged to arise from, to be in connection with, or to be in any manner related to): (i) the use or occupancy of the Tenant Space or any portion of the Building or the Property by Tenant or any person claiming by, through or under Tenant or any other Tenant Party (not arising from the gross negligence or willful misconduct of Landlord or Landlord’s its employees, agents, contractors or employeesinvitees), or (bii) any act the negligence or omission willful omissions of Tenant or any of Tenant Parties with respect to the Tenant Space, the Building or the Property; provided, however, Tenant’s Parties; (c) the use indemnification, defense and hold harmless obligations under this Section shall not extend to Claims covered by Landlord’s indemnity of the PremisesTenant in Section 14.2.2, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default by Tenant as to 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, 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 any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damagebelow. In case the event that any action or proceeding is brought against Landlord or any member of the Landlord Parties Group by reason of any such Indemnified ClaimsClaim, Tenant, upon timely notice from Landlord, shall defend the same such action or proceeding at Tenant’s cost and expense by counsel reasonably approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease 14.2 shall survive the expiration or earlier termination of this Lease. Lease as to any matters arising prior to such expiration or termination or prior to Tenant’s covenants, agreements vacation of the Tenant Space and indemnification the Building. Notwithstanding any provision to the contrary contained in Section 16.1 and this Section 16.2 are not intended 14.2, nothing contained in this Section 14.2 shall be interpreted or used in any way to and shall not relieve affect, limit, reduce or abrogate any insurance carrier of its obligations under policies required coverage provided by any insurer to be carried by either Tenant pursuant to or Landlord. This indemnity provision shall survive the provisions termination or expiration of this Lease.

Appears in 1 contract

Samples: Master Datacenter Lease (Telx Group, Inc.)

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s PartiesParties in connection with Tenant’s occupancy of the Premises during the Term, as the same may be extended; (c) the use of the Premises, the Building, the Facility Building and the Project Property and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility Building or elsewhere in on the ProjectProperty; and/or (d) any default by Tenant as to 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, affecting this Lease or the PremisesLease. 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 any Landlord Parties 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 Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheldwithheld or delayed. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Appears in 1 contract

Samples: Attornment Agreement (Inphi Corp)

Tenant’s Indemnification. Tenant shall be liable forwaives all claims against Landlord, its Security Holders (defined in Section 17), Landlord’s managing agent(s), their (direct or indirect) owners, and shall indemnifythe beneficiaries, defendtrustees, protect officers, directors, employees and hold agents of each of the foregoing (including Landlord, the “Landlord and Parties”) for the following, including if caused by any active or passive act, omission or neglect of any Landlord Parties harmless from and against, Party or by any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, act or omission for which liability without limitation, attorneys’ fees and court costs fault or strict liability may be imposed: (collectively, “Indemnified Claims”), arising i)any damage to person or property (or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession loss of all or any portion of the Premises to Tenantuse thereof), except to the extent such damage is caused by the gross negligence or willful misconduct of any Landlord or Landlord’s agentsParty and not covered by (i.e., contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (cexceeding the coverage limits) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default by Tenant as to 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, 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 any Landlord Parties 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 Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant hereunder or to the provisions extent such limitation on liability is prohibited by law, or (ii) any failure to prevent or control any criminal or otherwise wrongful conduct by any third party or to apprehend any third party who has engaged in such conduct. Tenant shall indemnify, defend, protect, and hold the Landlord Parties harmless from any obligation, loss, claim, action, liability, penalty, damage, cost or expense (including reasonable attorneys’ and consultants’ fees and expenses) (each, a “Claim”) that is imposed or asserted by any third party and arises from (a) any cause in, on or about the Premises, (b) occupancy of the Premises by, or any negligence or willful misconduct of, Tenant, any party claiming by, through or under Tenant, their (direct or indirect) owners, or any of their respective beneficiaries, trustees, officers, directors, employees, agents, contractors, licensees or invitees (including Tenant, the “Tenant Parties”), or (c) any breach by Tenant of any representation, covenant or other term contained herein. The foregoing indemnification shall apply regardless of any active or passive negligence of the Landlord Parties and regardless of whether liability without fault or strict liability may be imposed upon the Landlord Parties; provided, however, that, with respect to any Landlord Party, Tenant’s obligations under this Section shall be inapplicable (i) to the extent such Claims arise from the negligence or willful misconduct of such Landlord Party or a breach of this LeaseLease by Landlord, and are not covered by (i.e., exceeding the coverage limits) the insurance required to be carried by Tenant hereunder, or (ii) to the extent such obligations are prohibited by applicable Laws.

Appears in 1 contract

Samples: Office Lease (Immersion Corp)

Tenant’s Indemnification. Except to the extent the claim arises out of any negligence or willful misconduct of Landlord or Landlord’s Parties, Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Landlord’s Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising out of or resulting from third party claims against Landlord arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility Building and the Project Property and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility Building or elsewhere in on the ProjectProperty; and/or (d) any default by Tenant as to 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, 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 any Landlord Parties 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 Landlord’s Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Appears in 1 contract

Samples: Lease (Corium International, Inc.)

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Tenant’s Indemnification. (A) Tenant shall be liable for, and shall indemnify, defendprotect, protect defend and hold harmless Landlord and its officers, directors, employees, shareholders, attorneys and agents (collectively, the Landlord Parties harmless "Indemnitees") from and against, against any and all claims, damages, judgments, suitsdemands, causes of action, lossesjudgments, liabilities and costs, expenses, including, without limitation, attorneys’ fees and court costs all losses and damages (including consequential damages but only to the extent permitted pursuant to Section 4.14 below) (collectively, “Indemnified "Claims”)") arising from or in connection with any cause in, arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in on or about the Premises, the Building, the Facility any breach or elsewhere default in the Project; and/or (d) performance of any default by Tenant as to any obligations obligation on Tenant’s '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, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any personLease, or any loss ofacts or omissions of Tenant or any person claiming by, through or under Tenant its partners, and their respective officers, agents, servants, employees and independent contractors (collectively, the "Tenant Parties"), in on or about the Project, either prior to, during, or damage to, any property on after the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice expiration of the defect Term, and from all costs, attorneys' fees and disbursements, and liabilities incurred in the defense of any such claim or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is which may be brought against Landlord against, out of or in any Landlord Parties way related to this Lease, except to the extent caused by reason the negligence or willful or criminal misconduct of any such Indemnified Claims, Tenant, upon Indemnitee. Upon notice from Landlord, Tenant shall defend the same any such Claim at Tenant’s 's expense by counsel approved reasonably satisfactory to Landlord. As a material part of the consideration to Landlord for this Lease and because Tenant is required to insure all of its Tenant Improvements and its furniture, fixtures and equipment and because of the requirement to provide waivers of subrogation, Tenant hereby assumes all risk of damage to property in, upon or about the Premises from any cause whatsoever, including if attributable in writing whole or in part to the act, omission or active or passive negligence of Landlord. Tenant hereby assumes all risk of injury to persons in, upon or about the Premises from any cause whatsoever, except only to the extent caused by the negligence or willful or criminal conduct of Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant hereby waives all Claims with respect to the provisions matters covered in the two preceding sentences against Landlord. Tenant shall give immediate notice to Landlord in case of this Lease.casualty or accidents in the

Appears in 1 contract

Samples: Project Site Plan (Aames Financial Corp/De)

Tenant’s Indemnification. Except as otherwise provided in this Section 17.1 and in Section 17.2 and subject to the waiver of subrogation set forth in Section 15.5, Tenant shall be will neither hold nor attempt to hold Landlord, its affiliates, their respective Agents or Mortgagee liable for, and shall Tenant will indemnify, defendhold harmless and defend (with counsel reasonably acceptable to Landlord) Landlord, protect its affiliates, their respective Agents and hold Landlord and the Landlord Parties harmless Mortgagee, from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), Claims incurred In connection with or arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (ci) the use or occupancy or manner of use or occupancy of the Premises, or the Buildinguse of Common Areas, the Facility and the Project and conduct of Tenant’s business by Tenant or its Agents; (ii) any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, its Agents in or about the Premises, the Building, the Facility Premises or elsewhere done by Tenant or its Agents in or about the Project; and/or (diii) any default acts, omissions or negligence of Tenant or its Agents in or about the Premises or the Project; (iv) any breach, violation or nonperformance by Tenant as to any obligations on Tenant, or violation by Tenant’s part to be performed under the terms Agents, of any term, covenant or provision of this Lease or the terms any law, ordinance or governmental requirement of any contract kind; (v) any injury or agreement damage to which the person, property or business of Tenant is a party or by which it is boundits Agents, affecting this Lease including, without limitation, to vehicles (or the Premises. The foregoing indemnification shall includecontents thereof) of Tenant or Tenant’s Agent’s that are parked in the Parking Facilities, 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 whether incurred in connection with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties 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 Parties by reason removal of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved vehicles of Tenant or its Agents that are parked in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination violation of this Lease. , the Rules and Regulations or otherwise; and (vi) arising in connection with the exercise by Tenant or Tenant’s covenantsAgents of the rights granted to Tenant’s employees in connection with the Dog Visitation Policy. Notwithstanding the foregoing, Tenant’s indemnities and hold harmless agreements and indemnification set forth in Section 16.1 and this Section 16.2 are not intended to and 17.1 shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant apply to the provisions extent that the Claim is caused by the negligence or willful misconduct of this LeaseLandlord.

Appears in 1 contract

Samples: Work Agreement (McAfee Corp.)

Tenant’s Indemnification. Except to the extent waived by Paragraph 11.3, Tenant shall be liable forhereby agrees to defend (with counsel reasonably satisfactory to Landlord or Landlord’s Agents, and shall indemnifyas applicable), defend, protect indemnify and hold harmless Landlord and the Landlord Parties harmless Landlord’s Agents from and against, against any and all claims, damagesdamage, judgmentsloss, suits, causes of action, losses, liabilities and expenses, including, without limitation, liability or expense including attorneys’ fees and court legal costs (collectivelysuffered directly or by reason of any claim, “Indemnified Claims”)suit or judgment brought by or in favor of any person or persons for damage, arising loss or resulting from (a) expense due to, but not limited to, bodily injury and property damage sustained by such person or persons which arises out of, is occasioned by or in any occurrence in way attributable to the Premises following the date Landlord delivers possession of all use or any portion occupancy of the Premises to or Project, the Project, or any part thereof and adjacent areas by Tenant, the acts or omissions of the Tenant and/or Tenant’s Agents, except to the extent caused by the gross negligence or willful misconduct [***] of Landlord or Landlord’s agentsAgents. Tenant agrees that the obligations assumed herein shall survive the termination or expiration of this Lease. The foregoing indemnity shall not apply, contractors however, to any claims, damage, loss, liability or employeesexpense arising out of or in connection with the presence of any Hazardous Materials in, (b) on or about the Premises or the Project, which indemnity shall be governed solely by the provisions of Paragraph 6.6. Landlord shall protect, defend, indemnify and hold Tenant harmless from all loss, damage, liability or expense, including attorneys’ fees, resulting from any act or omission of Tenant injury to any person or any loss of Tenant’s Parties; or damage to any property caused by or resulting from (ci) the use of with respect to the Premises, the Building, the Facility and the Project and conduct [***] of Tenant’s business by Tenant Landlord or any of Tenant’s Partiesofficer, employee, agent, or any contractor of Landlord; and (ii) with respect to the remainder of the Building and Project other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about than the Premises, the Building[***] of Landlord or any officer, employee, agent, or contractor of Landlord; but the Facility foregoing provision shall not be construed to make Landlord responsible for loss, damage, liability or elsewhere in the Project; and/or expense resulting from injuries to third parties caused by any act, omission (dwhere Tenant had a duty to act) any default by Tenant as to any obligations on or negligence of Tenant’s part to be performed under the terms of this Lease , or the terms of any contract officer, employee, agent, contractor, invitee or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premisesvisitor of Tenant. The foregoing indemnification indemnity shall includenot apply, but not be limited tohowever, to any injury toclaims, damage, loss, liability or death of, any person, expense arising out of or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected in connection with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties 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 Parties by reason presence of any such Indemnified ClaimsHazardous Materials in, Tenant, upon notice from Landlord, shall defend on or about the same at Tenant’s expense by counsel approved in writing by LandlordPremises or the Project, which approval indemnity shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried governed solely by Tenant pursuant to the provisions of this LeaseParagraph 6.6.

Appears in 1 contract

Samples: Outset Medical, Inc.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys' fees and court costs (collectively, "Indemnified Claims"), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s 's agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s 's Parties; (c) the use of the Premises, the Building, the Facility Building and the Project Property and conduct of Tenant’s 's business by Tenant or any of Tenant’s 's Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s 's Parties, in or about the Premises, the Building, the Facility Building or elsewhere in on the ProjectProperty; and/or (d) any default by Tenant as to any obligations on Tenant’s '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, 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 any Landlord Parties 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 Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s 's expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s 's covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Appears in 1 contract

Samples: WaferGen Bio-Systems, Inc.

Tenant’s Indemnification. Tenant shall be liable fordoes hereby agree to indemnify, defend and hold harmless Landlord, and shall indemnifyany employee or agent of Landlord from all losses, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgmentsinjuries, suitsliabilities, causes of action, losses, liabilities litigation and expenses, including, without limitation, attorneys’ other expenses (including reasonable attorneys fees and court costs other disbursements and costs) which may arise or be claimed against Landlord and be in favor of any persons or other entities for (collectively, “Indemnified Claims”), arising or resulting from (ai) any occurrence in the Premises following the date Landlord delivers possession of all injuries or any portion occupancy of the Premises by Tenant (ii) any acts, omissions, negligence or fault of Tenant, its agents, contractors, employees, licensees, visitors, customers, patrons or invitees (iii) Tenant's failure to comply with any laws, statues, ordinances, codes or regulations (including without limitation laws relating to the use, storage and/or disposal of chemicals), or (iv) any default by Tenant in the observance or performance of any obligations set forth in the Lease. Landlord shall not be liable to Tenant for any damages, losses or injuries to the persons or property of Tenant, except to the extent caused by attributable to conduct or actions of the gross negligence or willful misconduct of Landlord or Landlord’s its agents, contractors or employees, (b) . In the event that Landlord shall be made a party to any act or omission of litigation commenced against Tenant or any of otherwise regarding Tenant’s Parties; (c) the 's use or occupancy of the Premises, Tenant shall indemnify, protect and hold Landlord harmless and shall pay all costs, expenses and attorney's fees, disbursements and costs incurred or paid by Landlord in connection with such litigation and any appeal thereof. Tenant agrees that all personal property of Tenant and/or its employees, servants, agents or licensees shall be the Building, the Facility sole responsibility of Tenant and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default by Tenant as to 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, 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 any Landlord Parties 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 Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheldliable for theft or damage of or to any such personal property, except to the extent attributable to conduct or actions of the Landlord or its agents. Tenant’s indemnification obligations under Tenant shall not rely on Landlord nor hold Landlord responsible for the provision of security or maintenance of insurance of any kind. The provisions of this Section 16.2 and elsewhere in this Lease Paragraph shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Appears in 1 contract

Samples: Wellstone Filters Inc /De/

Tenant’s Indemnification. Tenant shall be liable forSubject to Section 15.05, to the extent not expressly prohibited by applicable Legal Requirements and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s any Mortgagees, any Ground Lessors, and the Board of Managers and each of their respective beneficiaries, mortgagees, stockholders, agents (including, without limitation, management agents), partners, officers, servants and employees, and their respective agents, contractors partners, officers, servants and employees (collectively, the “Landlord Indemnified Parties”), Tenant shall indemnify, defend and hold harmless Landlord and the other Landlord Indemnified Parties from and against any and all claims by any person other than any of the Landlord Indemnified Parties arising from or in connection with (a) the conduct or management of the Premises or of any business therein, or any work or thing whatsoever done, or any condition created (other than by Landlord, its agents, or employees) in or about the Premises during the term of this Lease or during the period of time, if any, prior to the commencement of the term of this Lease that Tenant shall have been given access to the Premises (and shall have actually accessed the Premises); (b) any negligent act or omission (where there is a duty to act) of Tenant or any of Tenant’s Partiesits subtenants or licensees or its or their members, partners, directors, principals, shareholders, officers, agents, employees or contractors; (c) any accident, injury or damage whatever (except to the use extent caused by Landlord’s negligence or the negligence of any of the PremisesLandlord Indemnified Parties) occurring in, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant at or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about upon the Premises, the Building, the Facility or elsewhere in the Project; and/or and (d) any breach or default by Tenant as to any obligations on of Tenant’s part to be performed obligations under the terms of this Lease beyond any applicable periods of notice and cure; together with all reasonable costs, expenses and liabilities incurred in or the terms in connection with each such claim or action or proceeding brought thereon, including, without limitation, all reasonable attorneys’ fees and expenses. Landlord may, at its option, repair such damage or replace such loss, and Tenant shall within thirty (30) days after demand by Landlord reimburse Landlord for all costs of any contract or agreement such repairs, replacement and damages in excess of amounts, if any, paid to 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 any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to under insurance covering such injury, death, loss or damagedamages. In case the event any action or proceeding is brought against Landlord or any of the other Landlord Indemnified Parties by reason of any such Indemnified Claimsclaims, Tenantthen, upon notice from Landlord, shall Tenant covenants to defend the same at such action or proceeding by counsel reasonably satisfactory to Landlord (it being understood and agreed that counsel designated by Tenant’s expense by counsel approved in writing by Landlord, which approval insurer shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required deemed to be carried by Tenant pursuant to the provisions of this Leasereasonably satisfactory).

Appears in 1 contract

Samples: Office Lease (Schrodinger, Inc.)

Tenant’s Indemnification. Subject to this Section, Tenant shall be liable for, and shall indemnify, defend, protect defend and hold Landlord and the Landlord Parties Landlord, its trustees, general partners, limited partners, agents, employees or contractors, harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs claims (collectively, “Indemnified Claims”), 1) arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the 's use of the Premises, ; (2) arising from the Building, the Facility and the Project and conduct of Tenant’s 's business by Tenant or from any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the BuildingProperty, the Facility Building or elsewhere the Common Areas and (3) arising from the act, omission, or negligence of any agent, employee, subtenants, licensee or invitee of Tenant, in or about the Property, the Premises, Building or the Common Areas. Tenant shall further indemnify, defend and hold Landlord, its trustees, general partners, limited partners, agents, employees or contractors, harmless from all claims arising from any breach or default in the Project; and/or (d) performance of any default by Tenant as to any obligations on Tenant’s part obligation to be performed by Tenant under the terms of this Lease or including Tenant's obligation to comply with the terms of Rules and Regulations and Covenants, Conditions and Restrictions and from and against all costs, attorneys' fees, expenses and liabilities incurred in connection with any contract or agreement to 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, claim or any loss ofaction or proceeding which is brought against Landlord, its trustees, general partners, limited partners, agents, employees 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 any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damagecontractors. In case any action or proceeding is shall be brought against Landlord or any Landlord Parties by reason of any such Indemnified Claimsclaim, Tenant, upon notice from Landlord, shall defend the same at Tenant’s 's expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 , as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Property, Premises, Building, or the Common Areas from any cause whatsoever except that which is caused by the failure of Landlord, its general; partners, limited partners, agents, employees or contractors, to observe any of the terms and elsewhere in conditions of this Lease shall survive the expiration where such failure has persisted for an unreasonable period of time after written notice of such failure to Landlord. Tenant hereby waives all its claims in respect thereof against Landlord, its general partners, limited partners, agents, employees or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Leasecontractors.

Appears in 1 contract

Samples: Lease (Eacceleration Corp)

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