TENANT'S INDEMNITY AND LIABILITY INSURANCE OBLIGATIONS. A. Tenant agrees to indemnify and save Owner harmless of and from all loss, cost, liability, damage and expense including, but not limited to, reasonable counsel fees, penalties and fines, incurred in connection with or arising from (i) any default by Tenant in the observance or performance of any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed, or (ii) the manner of use or occupancy of the Demised Premises by Tenant or any person claiming through or under Tenant (in contradistinction to the mere use and occupancy of the Demised Premises as "offices"), or (iii) any improper acts, improper omissions or negligence of Tenant or any such person, or the contractors, agents, servants, employees, visitors or licensees of Tenant or any such person, in or about the Demised Premises or the Building either prior to, during, or after the expiration of, the Demised Term, including, but not limited to, any improper acts, improper omissions or negligence in the making or performing of any Alterations. Tenant further agrees to indemnify and save harmless Owner of and from all loss, cost, liability, damage and expense, including, but not limited to, reasonable counsel fees and disbursements incurred in connection with or arising from any claims by any persons by reason of injury to persons or damage to property occasioned by the manner of use or occupancy, improper act, improper omission or negligence referred to in the preceding sentence. If any action or proceeding shall be brought against Owner or Owner's agents, or the lessor or lessors under any ground or underlying lease, based upon any such claim and if Tenant, upon notice from Owner, shall cause such action or proceeding to be defended at Tenant's expense by counsel acting for Tenant's insurance carriers in connection with such defense or by other counsel reasonably satisfactory to Owner, without any disclaimer of liability by Tenant or such insurance carriers in connection with such claim, Tenant shall not be required to indemnify Owner, Owner's agents or any such lessor for counsel fees in connection with such action or proceeding.
Appears in 1 contract
TENANT'S INDEMNITY AND LIABILITY INSURANCE OBLIGATIONS. A. Except for losses which are subject to the waiver of subrogation contained in Section 9.02, Tenant agrees to indemnify and save Owner and Owner's Indemnities (as hereinafter defined) harmless of and from all loss, cost, liability, damage and reasonable expense including, but not limited to, reasonable counsel fees, penalties and fines, incurred in connection with or arising from (i) any default by Tenant in the observance or performance of any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performedperformed (including, but not limited to, the provisions of Sections 7.14 and 7.15), or (ii) the breach or failure of any representation or warranty made by Tenant in this lease, or (iii) the manner of use or occupancy of the Demised Premises by Tenant or any person claiming through or under Tenant (in contradistinction to the mere use and or occupancy of the Demised Premises as "offices")for the purposes set forth in Section 2.01) except to the extent any claim results from Owner's breach of its obligations under this Lease, or (iiiiv) any improper acts, improper omissions or negligence of Tenant or any such person, or the contractors, agents, servants, employees, visitors or licensees of Tenant or any such person, in or about the Demised Premises or the Building either prior to, during, or after the expiration of, the Demised Term, including, but not limited to, any improper acts, acts improper omissions or negligence in the making or performing of any Alterations. Tenant further agrees to indemnify Alterations or (v) (in amplification and save harmless Owner not in limitation of the provisions of Sections 7.14 and from all loss7.15) any acts, costomissions, liability, damage and expense, including, but not limited to, reasonable counsel fees and disbursements incurred in connection with or arising from any claims by any persons by reason of injury to persons or damage to property occasioned by the manner of use or occupancy, improper act, improper omission or negligence referred to in the preceding sentence. If any action or proceeding shall be brought against Owner or Owner's agentsof Tenant, or any person claiming through or under Tenant; requiring any indemnity by Owner under the lessor or lessors under any ground or underlying lease, based upon any such claim and if Tenant, upon notice from Owner, shall cause such action or proceeding to be defended at Tenant's expense by counsel acting for Tenant's insurance carriers in connection with such defense or by other counsel reasonably satisfactory to Owner, without any disclaimer provisions of liability by Tenant or such insurance carriers in connection with such claim, Tenant shall not be required to indemnify Owner, Owner's agents or any such lessor for counsel fees in connection with such action or proceeding.Section 20.1
Appears in 1 contract
Samples: Sub Sublease Agreement (Eyetech Pharmaceuticals Inc)
TENANT'S INDEMNITY AND LIABILITY INSURANCE OBLIGATIONS. A. Except to the extent caused by the gross negligence or willful misconduct of Owner or Owner's Indemnitees (as hereinafter defined), Tenant agrees to indemnify and save Owner and Owner's Indemnitees harmless of and from all loss, cost, liability, damage and expense including, but not limited to, reasonable counsel fees, penalties and fines, incurred in connection with or arising from (i) any default by Tenant in the observance or performance of any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed, or (ii) the breach or failure of any representation or warranty made by Tenant in this Lease, or (iii) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming through or under Tenant (in contradistinction to the mere use and occupancy of the Demised Premises as "offices")Tenant, or (iiiiv) any improper acts, improper omissions or negligence of Tenant or any such person, or the contractors, agents, servants, employees, visitors or licensees of Tenant or any such person, in or about the Demised Premises or the Building either prior to, during, or after the expiration of, the Demised Term, including, but not limited to, any improper acts, improper acts omissions or negligence in the making or performing of any Alterations. Tenant further agrees to indemnify and save harmless Owner and Owner's Indemnitees of and from all loss, cost, liability, damage and expense, including, but not limited to, reasonable counsel fees and disbursements disbursements, incurred in connection with or arising from any claims by any persons by reason of injury to persons or damage to property occasioned by the manner of use or any use, occupancy, improper act, improper omission or negligence referred to in the preceding sentence. "Owner's Indemnitees" shall mean the Owner, the shareholders or the partners comprising Owner and its and their partners and shareholders, officers, directors, employees, agents (including without limitation, any leasing and managing agents) and contractors together with the lessor under any Superior Lease and the holder of any Mortgage. If any action or proceeding shall be brought against Owner or Owner's agents, or the lessor or lessors under any ground or underlying lease, Indemnitees based upon any such claim and if Tenant, upon notice from Owner, shall cause such action or proceeding to be defended at Tenant's expense by counsel acting for Tenant's insurance carriers in connection with such defense or by other counsel reasonably satisfactory to Owner, without any disclaimer of liability by Tenant or such insurance carriers in connection with such claim, Tenant shall not be required to indemnify Owner, Owner and Owner's agents or any such lessor Indemnitees for counsel fees in connection with such action or proceeding.
Appears in 1 contract
Samples: Lease Agreement (GTJ REIT, Inc.)
TENANT'S INDEMNITY AND LIABILITY INSURANCE OBLIGATIONS. A. Tenant agrees to indemnify and save Owner and "Owner's Indemnitees" (as hereinafter defined) harmless of and from all loss, cost, liability, damage and expense including, but not limited to, reasonable counsel fees, penalties and fines, incurred in connection with or arising from (i) any default by Tenant in the observance or performance of any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed, or (ii) the breach or failure of any representation or warranty made by Tenant in this Lease, or (iii) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming through or under Tenant (in contradistinction to the mere use and occupancy of the Demised Premises as "offices")Tenant, or (iiiiv) any improper acts, improper omissions or negligence of Tenant or any such person, or the contractors, agents, servants, employees, visitors or licensees of Tenant or any such person, in or about the Demised Premises or the Building either prior to, during, or after the expiration of, the Demised Term, including, but not limited to, any improper acts, improper omissions or negligence in the making or performing of any Alterations. Tenant further agrees to indemnify and save harmless Owner and Owner's Indemnitees of and from all loss, cost, liability, damage and expense, including, but not limited to, reasonable counsel fees and disbursements incurred in connection with or arising from any claims by any persons by reason of injury to persons or damage to property occasioned by the manner of use or any use, occupancy, improper act, improper omission or negligence referred to in the preceding sentence. "Owner's Indemnitees" shall mean the Owner, the shareholders or the partners comprising Owner and its and their partners and shareholders, officers, directors, employees, agents (including without limitation, any leasing and managing agents) and contractors together with the lessor under any Superior Lease and the holder of any Mortgage. If any action or proceeding shall be brought against Owner or Owner's agents, or the lessor or lessors under any ground or underlying lease, Indemnitees based upon any such claim and if Tenant, upon notice from Owner, shall cause such action or proceeding to be defended at Tenant's expense by counsel acting for Tenant's insurance carriers in connection with such defense or by other counsel reasonably satisfactory to Owner, without any disclaimer of liability by Tenant or such insurance carriers in connection with such claim, Tenant shall not be required to indemnify Owner, Owner and Owner's agents or any such lessor Indemnitees for counsel fees in connection with such action or proceeding.
Appears in 1 contract
Samples: Lease Agreement (United States Financial Group Inc /Ny)
TENANT'S INDEMNITY AND LIABILITY INSURANCE OBLIGATIONS. A. Tenant agrees to indemnify and save Owner and "Owner's Indemnitees" (as hereinafter defined) harmless of and from all loss, cost, liability, damage and expense including, but not limited to, reasonable counsel fees, penalties and fines, incurred in connection with or arising from (i) any default by Tenant in the observance or performance of any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed, or (ii) the breach or failure of any representation or warranty made by Tenant in this Lease, or (iii) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming through or under Tenant (in contradistinction to the mere use and occupancy of the Demised Premises as "offices")Tenant, or (iiiiv) any improper acts, improper omissions or negligence of Tenant or any such person, or the contractors, agents, servants, employees, visitors or licensees of Tenant or any such person, in or about the Demised Premises or the Building either prior to, during, or after the expiration of, the Demised Term, including, but not limited to, any improper acts, improper acts omissions or negligence in the making or performing of any Alterations. Tenant further agrees to indemnify and save harmless Owner and Owner's Indemnitees of and from all loss, cost, liability, damage and expense, including, but not limited to, reasonable counsel fees and disbursements disbursements, incurred in connection with or arising from any claims by any persons by reason of injury to persons or damage to property occasioned by the manner of use or any use, occupancy, improper act, improper omission or negligence referred to in the preceding sentence. "Owner's Indemnitees" shall mean the Owner, the shareholders, members, or the partners comprising Owner and its and their partners, members, shareholders, officers, directors, employees, agents (including without limitation, any leasing and managing agents) and contractors together with the lessor under any Superior Lease and the holder of any Mortgage. If any action or proceeding shall be brought against Owner or Owner's agents, or the lessor or lessors under any ground or underlying lease, Indemnitees based upon any such claim and if Tenant, upon notice from Owner, shall cause such action or proceeding to be defended at Tenant's expense by counsel acting for Tenant's insurance carriers in connection with such defense or by other counsel reasonably satisfactory to Owner, without any disclaimer of liability by Tenant or such insurance carriers in connection with such claim, Tenant shall not be required to indemnify Owner, Owner and Owner's agents or any such lessor Indemnitees for counsel fees in connection with such action or proceeding.
Appears in 1 contract
Samples: Lease Agreement (Bion Environmental Technologies Inc)
TENANT'S INDEMNITY AND LIABILITY INSURANCE OBLIGATIONS. A. Tenant agrees to indemnify and save Owner and "Owner's Indemnitees" (as hereinafter defined) harmless of and from all loss, cost, liability, damage and expense including, but not limited to, reasonable counsel fees, penalties and fines, fines incurred in connection with or arising from (i) any default by Tenant in the observance or performance of any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed, or (ii) the breach or failure of any representation or warranty made by Tenant in this Lease, or (iii) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming through or under Tenant (in contradistinction to the mere use and occupancy of the Demised Premises as "offices")Tenant, or (iiiiv) any improper acts, improper omissions or negligence of Tenant or any such person, or the contractors, agents, servants, employees, visitors or licensees of Tenant or any such person, in or about the Demised Premises or the Building either prior to, during, or after the expiration of, the Demised Term, including, but not limited to, any improper acts, improper omissions or negligence in the making or performing of any Alterations. Tenant further agrees to indemnify and save harmless Owner and Owner's Indemnitees of and from all loss, cost, liability, damage and expense, including, but not limited to, reasonable counsel fees and disbursements incurred in connection with or arising from any claims by any persons by reason of injury to persons or damage to property occasioned by the manner of use or any use, occupancy, improper act, improper omission or negligence referred to in the preceding sentence. "Owner's Indemnitees" shall mean the Owner, the shareholders or the partners comprising Owner and its and their partners and shareholders, officers, directors, employees, agents (including, without limitation, any leasing and managing agents) and contractors together with the lessor under any Superior Lease and the holder of any Mortgage. If any action or proceeding shall be brought against Owner or Owner's agents, or the lessor or lessors under any ground or underlying lease, Indemnitees based upon any such claim and if Tenant, upon notice from Owner, shall cause such action or proceeding to be defended at Tenant's expense by counsel acting for Tenant's insurance carriers in connection with such defense or by other counsel reasonably satisfactory to Owner, without any disclaimer of liability by Tenant or such insurance carriers in connection with such claim, Tenant shall not be required to indemnify Owner, Owner and Owner's agents or any such lessor Indemnitees for counsel fees in connection with such action or proceeding.
Appears in 1 contract
Samples: Lease Agreement (N2k Inc)
TENANT'S INDEMNITY AND LIABILITY INSURANCE OBLIGATIONS. A. Tenant agrees to indemnify and save Owner and "Owner's Indemnitees" (as hereinafter defined) harmless of and from all loss, cost, liability, damage and expense including, but not limited to, reasonable counsel fees, penalties and fines, incurred in connection with or arising from (i) any default by Tenant in the observance or performance of any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed, or (ii) the breach or failure of any representation or warranty made by Tenant in this Lease, or (iii) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming through or under Tenant (in contradistinction to the mere use and occupancy of the Demised Premises as "offices")Tenant, or (iiiiv) any improper acts, improper omissions or negligence of Tenant or any such person, or the contractors, agents, servants, employees, visitors or licensees of Tenant or any such person, in or about the Demised Premises or the Building either prior to, during, or after the expiration of, the Demised Term, including, but not limited to, any improper acts, improper acts omissions or negligence in the making or performing of any Alterations. Tenant further agrees to indemnify and save harmless Owner and Owner's Indemnitees of and from all loss, cost, liability, damage and expense, including, but not limited to, reasonable counsel fees and disbursements disbursements, incurred in connection with or arising from any claims by any persons by reason of injury to persons or damage to property occasioned by the manner of use or any use, occupancy, improper act, improper omission or negligence referred to in the preceding sentence. "OWNER'S INDEMNITEES" shall mean the Owner, the shareholders or the partners comprising Owner and its and their partners and shareholders, officers, directors, employees, agents (including without limitation, any leasing and managing agents) and contractors together with the lessor under any Superior Lease and the holder of any Mortgage. If any action or proceeding shall be brought against Owner or Owner's agents, or the lessor or lessors under any ground or underlying lease, Indemnitees based upon any such claim and if Tenant, upon notice from Owner, shall cause such action or proceeding to be defended at Tenant's expense by counsel acting for Tenant's insurance carriers in connection with such defense or by other counsel reasonably satisfactory to Owner, without any disclaimer of liability by Tenant or such insurance carriers in connection with such claim, Tenant shall not be required to indemnify Owner, Owner and Owner's agents or any such lessor Indemnitees for counsel fees in connection with such action or proceeding.
Appears in 1 contract
Samples: Lease Agreement (Iturf Inc)
TENANT'S INDEMNITY AND LIABILITY INSURANCE OBLIGATIONS. A. Tenant A.Tenant agrees to indemnify and save Owner and “Owner’s Indemnitees” (as hereinafter defined) harmless of and from all loss, cost, liability, damage and expense including, but not limited to, reasonable counsel fees, penalties and fines, incurred in connection with or arising from (i) any default by Tenant in the observance or performance of any of the terms, covenants or conditions of this Lease on Tenant's ’s part to be observed or performed, or (ii) the breach or failure of any representation or warranty made by Tenant in this Lease, or (iii) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming through or under Tenant (in contradistinction to the mere use and occupancy of the Demised Premises as "offices")Tenant, or (iiiiv) any improper acts, improper omissions or negligence of Tenant or any such person, or the contractors, agents, servants, employees, visitors or licensees of Tenant or any such person, in or about the Demised Premises or the Building either prior to, during, or after the expiration of, the Demised Term, including, but not limited to, any improper acts, improper acts omissions or negligence in the making or performing of any Alterations. Tenant further agrees to indemnify and save harmless Owner and Owner’s Indemnitees of and from all loss, cost, liability, damage and expense, including, but not limited to, reasonable counsel fees and disbursements disbursements, incurred in connection with or arising from any claims by any persons by reason of injury to persons or damage to property occasioned by the manner of use or any use, occupancy, improper act, improper omission or negligence referred to in the preceding sentence. “Owner’s Indemnitees” shall mean the Owner, the shareholders, members, or the partners comprising Owner and its and their partners, members, shareholders, officers, directors, employees, agents (including without limitation, any leasing and managing agents) and contractors together with the lessor under any Superior Lease and the holder of any Mortgage. If any action or proceeding shall be brought against Owner or Owner's agents, or the lessor or lessors under any ground or underlying lease, ’s Indemnitees based upon any such claim and if Tenant, upon notice from Owner, shall cause such action or proceeding to be defended at Tenant's ’s expense by counsel acting for Tenant's ’s insurance carriers in connection with such defense or by other counsel reasonably satisfactory to Owner, without any disclaimer of liability by Tenant or such insurance carriers in connection with such claim, Tenant shall not be required to indemnify Owner and Owner, Owner's agents or any such lessor ’s Indemnitees for counsel fees in connection with such action or proceeding..
Appears in 1 contract
Samples: Lease Agreement (Bankrate, Inc.)
TENANT'S INDEMNITY AND LIABILITY INSURANCE OBLIGATIONS. A. Tenant agrees to indemnify and save Owner and "Owner's Indemnitees" (as hereinafter defined) harmless of and from all loss, cost, liability, damage and expense including, but not limited to, reasonable counsel fees, penalties and fines, incurred in connection with or arising from (i) any default by Tenant in the observance or performance of any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed, or (ii) the breach or failure of any representation or warranty made by Tenant in this Lease, or (iii) the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any person claiming through or under Tenant (in contradistinction to the mere use and occupancy of the Demised Premises as "offices")Tenant, or (iiiiv) any improper acts, improper omissions or negligence of Tenant or any such person, or the contractors, agents, servants, employees, visitors or licensees of Tenant or any such person, in or about the Demised Premises or the Building either prior to, during, or after the expiration of, the Demised Term, including, but not limited to, any improper acts, improper omissions or negligence in the making or performing of any Alterations. Tenant further agrees to indemnify and save harmless Owner and Owner's Indemnitees of and from all loss, cost, liability, damage and expense, including, but not limited to, reasonable counsel fees and disbursements incurred in connection with or arising from any claims by any persons by reason of injury to persons or damage to property occasioned by the manner of use or any use, occupancy, improper act, improper omission or negligence referred to in the preceding sentence. If any action or proceeding shall be brought against , except with respect to the performance of the Core Work by Owner or its agents. "Owner's agentsIndemnitees" shall mean the Owner, the shareholders or the lessor or lessors under partners comprising Owner and its and their partners and shareholders, officers, directors, employees, agents (including without limitation, any ground or underlying lease, based upon any such claim leasing and if Tenant, upon notice from Owner, shall cause such action or proceeding to be defended at Tenant's expense by counsel acting for Tenant's insurance carriers in connection managing agents) and contractors together with such defense or by other counsel reasonably satisfactory to Owner, without any disclaimer of liability by Tenant or such insurance carriers in connection with such claim, Tenant shall not be required to indemnify Owner, Owner's agents or any such lessor for counsel fees in connection with such action or proceeding.the
Appears in 1 contract
Samples: Lease Agreement (Appliedtheory Corp)