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

Tenant’s Indemnity of Landlord. SUBJECT TO APPLICABLE LIMITATIONS ON LIABILITY, RELEASES, AND WAIVERS OF SUBROGATION, TENANT SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE INDEMNIFIED PARTIES (AS DEFINED IN SECTION 27.1) FROM AND AGAINST ALL FINES, SUITS, LOSSES, COSTS, LIABILITIES, CLAIMS, DEMANDS, ACTIONS AND JUDGMENTS OF EVERY KIND OR CHARACTER, RELATING DIRECTLY OR INDIRECTLY TO (i) TENANT’S FAILURE TO PERFORM ITS COVENANTS UNDER THIS LEASE, (ii) THE ACTS OR OMISSIONS OF A TENANT PARTY (DEFINED BELOW IN SECTION 27.1) OR ANY OTHER PERSON ENTERING UPON THE PREMISES OR COMMON AREAS UNDER OR WITH A TENANT PARTY’S EXPRESS OR IMPLIED INVITATION OR PERMISSION, (iii) THE OCCUPANCY OR USE OF THE PREMISES BY A TENANT PARTY, OR (iv) ANY OCCURRENCE IN THE PREMISES, HOWEVER CAUSED, OR SUFFERED BY, RECOVERED FROM OR ASSERTED AGAINST ANY INDEMNIFIED PARTIES BY A TENANT PARTY. INDEMNIFICATION OF THE INDEMNIFIED PARTIES BY TENANT SHALL NOT APPLY TO THE EXTENT SUCH LOSS, DAMAGE, OR INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OF THE INDEMNIFIED PARTIES.

Tenant’s Indemnity of Landlord. SUBJECT TO APPLICABLE LIMITATIONS ON LIABILITY, RELEASES, AND WAIVERS OF SUBROGATION, SECTION 12.2 TENANT SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE INDEMNIFIED PARTIES (AS DEFINED IN SECTION 27.124.1) FROM AND AGAINST ALL FINES, SUITS, LOSSES, COSTS, LIABILITIES, CLAIMS, DEMANDS, ACTIONS AND JUDGMENTS OF EVERY KIND OR CHARACTER, RELATING DIRECTLY OR INDIRECTLY TO CHARACTER (i1) ARISING FROM TENANT’S FAILURE TO PERFORM ITS COVENANTS UNDER THIS LEASE, (ii2) RECOVERED FROM OR ASSERTED AGAINST ANY OF THE ACTS INDEMNIFIED PARTIES ON ACCOUNT OF ANY LOSS (DEFINED BELOW IN SECTION 12.2) TO THE EXTENT THAT ANY SUCH LOSS MAY BE INCIDENT TO, ARISE OUT OF, OR OMISSIONS OF BE CAUSED. WHOLLY OR IN PART, BY A TENANT PARTY (DEFINED BELOW IN SECTION 27.124.1) OR ANY OTHER PERSON ENTERING UPON THE PREMISES OR COMMON AREAS UNDER OR WITH A TENANT PARTY’S EXPRESS OR IMPLIED INVITATION OR PERMISSION, (iii3) THE ARISING FROM OR OUT OF TENANT’S OCCUPANCY OR USE OF THE PREMISES BY A TENANT PARTYPREMISES, OR (iv4) ANY OCCURRENCE IN ARISING FROM THE PREMISESNEGLIGENCE, HOWEVER CAUSEDOF TENANT OR ITS AGENTS, EMPLOYEES, SUBLESSEES, ASSIGNEES OR SUFFERED BY, RECOVERED FROM OR ASSERTED AGAINST ANY INDEMNIFIED PARTIES BY A TENANT PARTYCONTRACTORS. INDEMNIFICATION OF THE INDEMNIFIED PARTIES BY TENANT SHALL NOT APPLY TO THE EXTENT SUCH LOSS, LOSS DAMAGE, OR INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OF THE INDEMNIFIED PARTIESPARTIES OR THE BREACH OF THIS LEASE BY LANDLORD.

Tenant’s Indemnity of Landlord. SUBJECT TO APPLICABLE LIMITATIONS ON LIABILITY, RELEASES, AND WAIVERS OF SUBROGATIONSECTION 12.2, TENANT SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE INDEMNIFIED PARTIES (AS DEFINED IN SECTION 27.1) FROM AND AGAINST ALL FINES, SUITS, LOSSES, COSTS, LIABILITIES, CLAIMS, DEMANDS, ACTIONS AND JUDGMENTS OF EVERY KIND OR CHARACTER, RELATING DIRECTLY OR INDIRECTLY TO (i1) TENANT’S FAILURE TO PERFORM ITS COVENANTS UNDER THIS LEASE, (ii2) THE ACTS OR OMISSIONS OF A TENANT PARTY (DEFINED BELOW IN SECTION 27.1) OR ANY OTHER PERSON ENTERING UPON THE PREMISES OR COMMON AREAS UNDER OR WITH A TENANT PARTY’S EXPRESS OR IMPLIED INVITATION OR PERMISSION, (iii3) THE OCCUPANCY OR USE OF THE PREMISES BY A TENANT PARTY, OR (iv4) ANY OCCURRENCE IN THE PREMISES, HOWEVER CAUSED, OR SUFFERED BY, RECOVERED FROM OR ASSERTED AGAINST ANY INDEMNIFIED PARTIES BY A TENANT PARTY. INDEMNIFICATION OF THE INDEMNIFIED PARTIES BY TENANT SHALL NOT APPLY TO THE EXTENT SUCH LOSS, DAMAGE, OR INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OF THE INDEMNIFIED PARTIES.

Tenant’s Indemnity of Landlord. SUBJECT TO APPLICABLE LIMITATIONS ON LIABILITY, RELEASES, SECTION 12.2 AND WAIVERS OF SUBROGATION12.3, TENANT SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE INDEMNIFIED PARTIES (AS DEFINED IN SECTION 27.124.1) FROM AND AGAINST ALL FINES, SUITS, LOSSES, COSTS, LIABILITIES, CLAIMS, DEMANDS, ACTIONS AND JUDGMENTS OF EVERY KIND OR CHARACTER, RELATING DIRECTLY OR INDIRECTLY TO THE EXTENT SUCH CLAIMS, (i1) ARISE FROM TENANT’S FAILURE TO PERFORM ITS COVENANTS UNDER THIS LEASE, (ii2) ARE ASSERTED AGAINST ANY OF THE ACTS INDEMNIFIED PARTIES ON ACCOUNT OF ANY LOSS (DEFINED BELOW IN SECTION 12.2) TO THE EXTENT THAT ANY SUCH LOSS MAY BE INCIDENT TO, ARISE OUT OF, OR OMISSIONS OF BE CAUSED, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, BY A TENANT PARTY (DEFINED BELOW IN SECTION 27.124.1) OR ANY OTHER PERSON ENTERING UPON THE PREMISES OR COMMON AREAS UNDER OR WITH A TENANT PARTY’S EXPRESS OR IMPLIED INVITATION OR PERMISSION, (iii3) ARISE FROM OR OUT OF THE OCCUPANCY OR USE OF THE PREMISES BY A TENANT PARTY, PARTY OR (iv4) ARISE FROM OR OUT OF ANY OCCURRENCE IN THE PREMISES, HOWEVER CAUSED, OR SUFFERED BY, RECOVERED FROM OR ASSERTED AGAINST ANY INDEMNIFIED PARTIES BY A TENANT PARTY, PROVIDED THAT LANDLORD: (A) PROMPTLY NOTIFIES TENANT IN WRITING OF ANY CLAIM; AND (B) PROVIDES TENANT WITH ALL ASSISTANCE, INFORMATION REQUIRED AND SOLE AUTHORITY FOR THE DEFENSE AND SETTLEMENT OF THE CLAIM. INDEMNIFICATION OF THE INDEMNIFIED PARTIES BY TENANT SHALL NOT APPLY TO THE EXTENT SUCH LOSS, DAMAGE, OR INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OF THE INDEMNIFIED PARTIESPARTIES OR THE BREACH OF THIS LEASE BY LANDLORD.