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

Tenant’s Indemnity of Landlord. Except as expressly provided in this Section, the Tenant shall indemnify the Landlord and save it harmless from and against any and all loss (including loss of all Rent payable by the Tenant under this Lease), claims, actions, damages, liability and expense in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever arising from or out of this Lease, or any occurrence in, on or at the Premises, or the occupancy or use by the Tenant of all or any part of the Premises, or occasioned wholly or in part by any act or omission of the Tenant or by anyone permitted to be on the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not be liable to indemnify the Landlord and save it harmless for loss, damage or injury resulting from the negligent act or omission or tortious conduct of the Landlord or any person for whom the Landlord is responsible in law and provided further that the Tenant shall not be liable in any event for any damage or injury covered by any insurance policy taken out by the Landlord, or which the Landlord is required to have taken out by any provision of this Lease. If the Landlord is, without fault on its part, made a party to any litigation commenced by or against the Tenant, then the Tenant shall protect, indemnify and hold the Landlord harmless and shall pay all costs, expenses and reasonable legal fees incurred or paid by the Landlord in connection with such litigation. The Tenant shall also pay all costs, expenses and legal fees (on a substantial indemnity basis) that may be incurred or paid by the Landlord in enforcing the terms, covenants and conditions in this Lease, unless a court shall decide otherwise. Notwithstanding any other provision of this Lease, this indemnification shall survive any termination of the Lease, with respect to any matter referred to in this Section which occurs during the Term.

Appears in 1 contract

Samples: Indenture (Beaconsfield I Inc)

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Tenant’s Indemnity of Landlord. Except as expressly provided in this Section, the Tenant shall indemnify the indemnify, defend, and hold harmless Landlord and save it harmless for, from and against any and all loss (including loss of all Rent payable by the Tenant under this Lease), claims, actions, damages, liability and expense in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever claims arising from Tenant's or out of this LeaseTenant's sublessee's or assignee's (or their respective agents, servants, employees or any occurrence in, on contractors) use or at the Premises, or the occupancy or use by the Tenant of all or any part of the Premises, or occasioned wholly from the conduct of Tenant's business or from any activity, work or things done, permitted or suffered by Tenant or Tenant's sublessee or assignee (or their respective agents, servants, employees or contractors) in or about the Premises and shall further indemnify, defend and hold harmless Landlord for, from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's part by to be performed under the terms of this Lease, including, without limitation, the provisions of paragraph 8.2, -20- 22 or arising from any act or omission negligence of the Tenant, or any of Tenant's agents, contractors or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord by reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or by anyone permitted injury to be on persons in, upon or about the Premises by arising from any cause, excepting the negligence or intentional wrongs of Landlord or Landlord's agents, employees or contractors, or Landlord's breach of this Lease, and Tenant hereby waives all claims in respect thereof against Landlord. Tenant's obligations and liabilities under this paragraph 10.5 shall survive the term(s) of this Lease, termination of this Lease or termination of Tenant's occupancy of the Premises. Notwithstanding the foregoing, the Tenant shall have no liability hereunder on account of defects in the Premises not be liable to indemnify caused by Tenant or the Landlord and save it harmless for lossagents, damage employees, contractors or injury resulting from the negligent act or omission or tortious conduct invitees of the Landlord or any person for whom the Landlord is responsible in law and provided further that the Tenant shall not be liable in any event for any damage or injury covered by any insurance policy taken out by the Landlord, or which the Landlord is required to have taken out by any provision of this Lease. If the Landlord is, without fault on its part, made a party to any litigation commenced by or against the Tenant, then the Tenant shall protect, indemnify and hold the Landlord harmless and shall pay all costs, expenses and reasonable legal fees incurred or paid by the Landlord in connection with such litigation. The Tenant shall also pay all costs, expenses and legal fees (on a substantial indemnity basis) that may be incurred or paid by the Landlord in enforcing the terms, covenants and conditions in this Lease, unless a court shall decide otherwise. Notwithstanding any other provision of this Lease, this indemnification shall survive any termination of the Lease, with respect to any matter referred to in this Section which occurs during the Term.

Appears in 1 contract

Samples: Lease (National Information Group)

Tenant’s Indemnity of Landlord. Except as expressly provided in this Section, the Tenant shall indemnify the indemnify, defend, and hold harmless Landlord and save it harmless for, from and against any and all loss (including loss of all Rent payable by the Tenant under this Lease), claims, actions, damages, liability and expense in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever claims arising from Tenant's or out of this LeaseTenant's sublessee's or assignee's (or their respective agents, servants, employees or any occurrence in, on contractors) use or at the Premises, or the occupancy or use by the Tenant of all or any part of the Premises, or occasioned wholly from the conduct of Tenant's business or from any activity, work or things done, permitted or suffered by Tenant or Tenant's sublessee or assignee (or their respective agents, servants, employees or contractors) in or about the Premises unless caused by Landlord's negligence or intentional wrongs or Landlord's breach of this Lease, and shall further indemnify, defend and hold harmless Landlord for, from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, including, without limitation, the provisions of paragraph 8.2, or arising from any negligence of Tenant, or any of Tenant's agents, contractors or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord by any act or omission reason of such claim, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the Tenant consideration to Landlord, hereby assumes all risk of damage to property or by anyone permitted injury to be on persons in, upon or about the Premises by arising from any cause, excepting Landlord's negligence or intentional wrongs, or Landlord's breach of this Lease, and Tenant hereby waives all claims in respect thereof against Landlord. Tenant's obligations and liabilities under this paragraph 10.5 shall survive the expiration or earlier termination of this Lease or termination of Tenant's occupancy of the Premises. Notwithstanding the foregoing, the Tenant shall have no liability hereunder on account of defects in the Premises not be liable to indemnify caused by Tenant or the Landlord and save it harmless for lossagents, damage employees, contractors or injury resulting from the negligent act or omission or tortious conduct invitees of the Landlord or any person for whom the Landlord is responsible in law and provided further that the Tenant shall not be liable in any event for any damage or injury covered by any insurance policy taken out by the Landlord, or which the Landlord is required to have taken out by any provision of this Lease. If the Landlord is, without fault on its part, made a party to any litigation commenced by or against the Tenant, then the Tenant shall protect, indemnify and hold the Landlord harmless and shall pay all costs, expenses and reasonable legal fees incurred or paid by the Landlord in connection with such litigation. The Tenant shall also pay all costs, expenses and legal fees (on a substantial indemnity basis) that may be incurred or paid by the Landlord in enforcing the terms, covenants and conditions in this Lease, unless a court shall decide otherwise. Notwithstanding any other provision of this Lease, this indemnification shall survive any termination of the Lease, with respect to any matter referred to in this Section which occurs during the Term.

Appears in 1 contract

Samples: Intuit Inc

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Tenant’s Indemnity of Landlord. Except as expressly provided in this Sectionfor Landlord’s negligence or willful misconduct, the Tenant shall indemnify indemnify, protect, defend and hold harmless the Premises, Landlord and save it harmless Landlord’s officers, directors, shareholders, members, employees, agents, lenders and attorneys (collectively, “Landlord Parties”), from and against any and all loss (including loss of all Rent payable by the Tenant under this Lease), claims, actionsloss, damages, liability liens, judgments, penalties, attorneys’ and expense consultants’ fees, expenses and/or liabilities in any way arising out of, involving, or in connection with loss with, Tenant’s use and/or occupancy of life, personal injury, damage to property or any other loss or injury whatsoever arising from or out the Premises and/or Tenant’s breach of this Lease, or and Tenant hereby waives all claims against Landlord and/or the Landlord Parties for damage to its goods, wares and merchandise and any occurrence inand all other property, on or at the Premises, or the occupancy or including loss of use by the Tenant of all or any part of the Premises, due to any cause whatsoever, except the negligence or occasioned wholly willful misconduct of Landlord and/or the Landlord Parties, during the term of this Lease or in part any extension thereof or any other holdover occupancy. If any action or proceeding is brought against Landlord and/or the Landlord Parties by reason of any act or omission of the foregoing matters, Tenant or shall upon notice defend the same at Tenant’s expense by anyone permitted counsel of Landlord’s choosing, and Landlord and the Landlord Parties shall cooperate with Tenant in such defense. Neither Landlord nor the Landlord Parties need to have first paid any such claim in order to be on defended or indemnified. This paragraph shall survive the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not be liable to indemnify the Landlord and save it harmless for loss, damage expiration or injury resulting from the negligent act or omission or tortious conduct of the Landlord or any person for whom the Landlord is responsible in law and provided further that the Tenant shall not be liable in any event for any damage or injury covered by any insurance policy taken out by the Landlord, or which the Landlord is required to have taken out by any provision earlier termination of this Lease. If the Landlord is, without fault on its part, made a party to any litigation commenced by or against the Tenant, then the Tenant shall protect, indemnify and hold the Landlord harmless and shall pay all costs, expenses and reasonable legal fees incurred or paid by the Landlord in connection with such litigation. The Tenant shall also pay all costs, expenses and legal fees (on a substantial indemnity basis) that may be incurred or paid by the Landlord in enforcing the terms, covenants and conditions in this Lease, unless a court shall decide otherwise. Notwithstanding any other provision of this Lease, this indemnification shall survive any termination of the Lease, with respect to any matter referred to in this Section which occurs during the Term.

Appears in 1 contract

Samples: Industrial Net Lease (OVERSTOCK.COM, Inc)

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