Common use of Tenant’s Indemnity Clause in Contracts

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 13 contracts

Samples: Lease (Capstone Dental Pubco, Inc.), Lease Agreement (Mullen Automotive Inc.), Lease (BioCardia, Inc.)

AutoNDA by SimpleDocs

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 10.3 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 5 contracts

Samples: Lease (Tandem Diabetes Care Inc), Lease Agreement (Wm Technology, Inc.), Lease (Inari Medical, Inc.)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defend, indemnify indemnify, protect, save and hold harmless Landlord and Landlord’s , its agents, employeesand any and all affiliates of Landlord, lendersincluding, and affiliateswithout limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas Areas, including, without limitation, the use by Tenant, its agents, employees, invitees or licensees of any recreational facilities within the ProjectCommon Areas, or from the conduct of Tenant’s its business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the ProjectAreas, or from any Event of Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission act or negligence on the part of Tenant or Tenant’s its agents, employees, subtenantsvisitors, vendorspatrons, contractorsguests, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding The provisions of this Section shall expressly survive the foregoing, Tenant expiration or sooner termination of this Lease. Tenant’s obligations under this Section shall not be obligated to indemnify Landlord against any liability apply in the event that the claim, liability, cost or expense to the extent it is ultimately determined that the same was caused solely by the sole active negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 3 contracts

Samples: Lease Agreement (Bakbone Software Inc), Lease Agreement (Phage Biotechnology CORP), Lease (4-D Neuroimaging)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 2 contracts

Samples: Lease (Medicinova Inc), Lease (Redwood Trust Inc)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 2 contracts

Samples: Lease Agreement (Robot Cache US Inc.), Lease Agreement (Robot Cache US Inc.)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defend, indemnify indemnify, protect, save and hold harmless Landlord and Landlord’s , its agents, employeesand any and all affiliates of Landlord, lendersincluding, and affiliateswithout limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Early Occupancy Date which arise from or are caused by Tenant’s 's use or occupancy of the Premises, the Building or the Common Areas Areas, including, without limitation, the use by Tenant, its agents, employees, invitees or licensees of any recreational facilities within the ProjectCommon Areas, or from the conduct of Tenant’s its business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the ProjectAreas, or from any Event of Default in the performance of any obligation on Tenant’s 's part to be performed under this Lease, or from any act, omission act or negligence on the part of Tenant or Tenant’s its agents, employees, subtenantsvisitors, vendorspatrons, contractorsguests, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s 's defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding The provisions of this Section shall expressly survive the foregoing, Tenant expiration or sooner termination of this Lease. Tenant's obligations under this Section shall not be obligated to indemnify Landlord against any liability apply in the event that the claim, liability, cost or expense to the extent it is ultimately determined that the same was caused solely by the sole active negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 2 contracts

Samples: Lease (Intest Corp), Lease (Chromavision Medical Systems Inc)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 10.3 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 2 contracts

Samples: Lease Agreement (Netlist Inc), Lease Agreement (BioPharmX Corp)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defendindemnify, indemnify defend (by an attorney of Tenant’s choice, reasonably acceptable to Landlord), reimburse, protect and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, all Landlord Parties from and against any and all third party claims, liability and/or damages arising from or related to the negligence, claimsacts or omissions of Tenant or any Tenant Parties, liabilitiesrelating to their use, damagespossession, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the PremisesProperty or, the Building or the Common Areas of the ProjectTenant’s obligations under this Lease, or from the conduct of Tenant’s business, or from to any activity, work, or thing work done, permitted or suffered contracted for by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in any of them on or about the Premises, to the Building extent that such liability or damage is covered by Landlord’s insurance (or would have been covered had Landlord carried the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed insurance as required under this Lease). Tenant shall cause any independent contractor or other person who performs any construction, restoration, replacement, alteration work, maintenance, repair or from any act, omission other work on or negligence on about the part Premises by or under the control or direction of Tenant to execute and deliver to Quadrelle Realty Services, LLC, Xxx Xxxx Xxxxxx, Xxxxxxxxx XX 00000 (or Tenant’s agentssuch other property manager designated by Landlord) an agreement whereby such independent contractor or other person agrees to indemnify, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume defend (by an attorney of Landlord’s defense in any action covered by this Section 10.2 through counsel choice, reasonably satisfactory acceptable to Landlord. Notwithstanding the foregoingsuch independent contractor or other person) , Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of reimburse, protect and hold harmless Landlord, its agentsall Landlord Parties, contractors or employeesand Tenant from and against the matters described in this Paragraph 15.4.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Truck Hero, Inc.)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defend, indemnify indemnify, protect, save and hold harmless Landlord and Landlord’s , its agents, employeesand any and all affiliates of Landlord, lendersincluding, and affiliateswithout limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s 's use or occupancy of the Premises, the Building or the Common Areas Areas, including, without limitation, the use by Tenant, its agents, employees, invitees or licensees of any recreational facilities within the ProjectCommon Areas, or from the conduct of Tenant’s its business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the ProjectAreas, or from any Event of Default in the performance of any obligation on Tenant’s 's part to be performed under this Lease, or from any act, omission act or negligence on the part of Tenant or Tenant’s its agents, employees, subtenantsvisitors, vendorspatrons, contractorsguests, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s 's defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding The provisions of this Section shall expressly survive the foregoing, Tenant expiration or sooner termination of this Lease. Tenant's obligations under this Section shall not be obligated to indemnify Landlord against any liability apply in the event that the claim, liability, cost or expense to the extent it is ultimately determined that the same was caused solely by the sole active negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 2 contracts

Samples: Lease (Ydi Wireless Inc), Lease (Interchange Corp)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s , its agents, employees, lenders, and affiliatesany and all affiliates of Landlord, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the ProjectAreas, or from the conduct of Tenant’s its business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the ProjectAreas, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission act or negligence on the part of Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 10.3 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 2 contracts

Samples: Sublease (Medicinova Inc), Lease (Meade Instruments Corp)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s , its agents, employees, lenders, and affiliatesany and all affiliates of Landlord, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before (during Tenant’s early access period) or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the ProjectAreas, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the ProjectAreas, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission act or negligence on the part of Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 10.3 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors contractors, vendors or employees.

Appears in 2 contracts

Samples: Lease Agreement, Lease (Ruckus Wireless Inc)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s , its agents, employees, lenders, and affiliatesany and all affiliates of Landlord, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the ProjectAreas, or from the conduct of Tenant’s its business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the ProjectAreas, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission act or negligence on the part of Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 2 contracts

Samples: Lease (Lombard Medical, Inc.), Lease (Lombard Medical, Inc.)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall indemnify, defend, indemnify and hold harmless Landlord and Landlord’s its property manager and each of their officers, directors, partners, agents, employeesand employees (collectively, lendersthe “Landlord Parties”) from all damages, costs, and affiliatesexpenses (including reasonable attorney fees), from and against any and all negligencejudgments, injuries, liabilities, claims, liabilitiesand losses (collectively, damages, costs or expenses “Tenant Indemnity Claims”): (a) arising either before or after within the Commencement Date which arise Premises; (b) arising from or are caused by Tenant’s use or occupancy control of the Premises, the Building Premises or the Common Areas of the Project, or from the conduct of Tenant’s business, business or from any activity, work, work or thing done, permitted permitted, or suffered by Tenant in or Tenant’s about the Premises or any part of the Project; (c) arising from any act, neglect, fault, or omission of Tenant or its agents, employees, subtenants, vendors, or contractors, invitees ; (d) intentionally omitted; or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance (e) arising out of any obligation on breach of any provision of this Lease by Tenant; provided, however, that Tenant’s part obligation to be performed under this Leaseindemnify, or from any actdefend, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant and hold harmless shall not be obligated apply to indemnify Landlord against any liability or expense to Tenant Indemnity Claims arising from the extent it is ultimately determined that the same was caused by the sole gross negligence or willful misconduct of Landlordany of the Landlord Parties. If and to the extent RCW 4.24.115 is deemed to apply to this Lease, its agents, contractors the foregoing indemnity and hold harmless provision shall not be construed to require Tenant to provide indemnification or employeesa impose a duty to defend a Landlord Party against Tenant Indemnity Claims to the extent arising from the indemnitee’s sole negligence.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Redfin CORP)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s , its agents, employees, lenders, and affiliatesany and all affiliates of Landlord (collectively, “Landlord Parties”), from and against any and all negligence, claims, liabilities, damages, costs or expenses (collectively, “Claims”) arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the ProjectAreas, or from the conduct of Tenant’s its business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the ProjectAreas, or from any Default default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission act or negligence on the part of Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense if and to the extent it is ultimately determined that the same Claim was caused by the sole negligence or willful misconduct of Landlordany Landlord Party, its agents, contractors then Tenant’s indemnification obligation shall not apply and Landlord shall indemnify and hold Tenant harmless from same. The provisions of this Section 10.3 shall survive the expiration or employeessooner termination of this Lease with respect to any Claims or liability arising in connection with any event occurring prior to such expiration or termination.

Appears in 2 contracts

Samples: Office Space Lease (Neothetics, Inc.), Office Space Lease (Neothetics, Inc.)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 10.3 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees, then Tenant’s indemnification obligation shall not apply and Landlord shall indemnify and hold Tenant harmless from same.

Appears in 1 contract

Samples: Lease Agreement (Janux Therapeutics, Inc.)

Tenant’s Indemnity. To the fullest extent permitted by lawTenant agrees to indemnify, but subject defend (with counsel reasonably satisfactory to Section 10.4 below, Tenant shall defend, indemnify Landlord) and hold harmless Landlord and Landlord’s agentsits officers, employeesdirectors, lenders, partners and affiliates, employees entirely harmless from and against any and all negligenceliabilities, losses, demands, actions, expenses or claims, liabilitiesincluding attorney’s fees and court costs, damagesfor injury to or death of any person or for damages to any property arising out of or in any manner connected with (i) the use, costs occupancy or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy enjoyment of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered Premises by Tenant or Tenant’s agents, employees, subtenantsinvitees, vendorsor contractors (“Tenant’s Agents”) or any work, contractors, invitees activity or licensees other things allowed or suffered by Tenant or Tenant’s Agents to be done in or about the Premises, the Building (ii) any breach or the Common Areas of the Project, or from any Default default in the performance of any obligation on Tenant’s part to be performed of Tenant under this Lease, Lease and (iii) any act or from any failure to act, omission whether negligent or negligence on the part of otherwise tortious, by Tenant or Tenant’s agentsAgents on or about the Premises, employeesBuilding or Project. All property of Tenant kept or stored on the Premises or in the building shall be so kept or stored at the risk of Tenant only, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, and Tenant shall not be obligated to indemnify hold Landlord against harmless from any liability or expense claims arising out of damage to the extent it is ultimately determined that same, including subrogation claims by Tenant’s insurance carriers, unless the same damage or loss was caused by the sole negligence negligent or willful misconduct reckless act or omission of Landlord, Landlord and/or its representatives or agents, contractors . Neither this nor any other indemnification contained in this Lease is limited by the amount of insurance carried by Tenant or employeesrequired to be carried by Tenant under this Lease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Urban-Gro, Inc.)

Tenant’s Indemnity. To Subject to the fullest extent permitted waiver of subrogation required by law, but subject to Section 10.4 below11.2, Tenant shall not do or permit to be done any act or thing upon the Premises or the Building which may subject Landlord to any liability or responsibility to a third party for injury, damages to persons or property or to any liability by reason of any violation of any Requirement, and shall exercise such control over the Premises as to fully protect Landlord against any such liability. Tenant shall indemnify, defend, indemnify protect and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, each of the Indemnitees from and against any and all negligenceLosses, claimsresulting from (i) any act or omissions of any Tenant Parties or, liabilities(ii) any accident, damages, costs injury or expenses arising either before damage whatsoever caused to any person or after to the Commencement Date which arise from or are caused by Tenant’s use or occupancy property of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees person and occurring in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense except to the extent it is ultimately determined that attributable to the same was caused by the sole gross negligence or willful misconduct of Landlord, or its employees, agents, contractors contractors, licensees or employeesinvitees (collectively, “Landlord Parties”), or (iii) any breach, violation or nonperformance of any covenant, condition or agreement of this Lease on the part of Tenant to be fulfilled, kept, observed or performed or (iv) any work performed by or on behalf of Tenant (but not Landlord’s Premises Work, Landlord’s Expansion Premises Work, Tenant’s Roof Deck Work and the Base Building Roof Work). Nothing in this Section shall be interpreted to make Tenant liable for any occurrence that is covered by any property insurance policy that this Lease requires Tenant or Landlord to obtain.

Appears in 1 contract

Samples: Lease Agreement (2U, Inc.)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, . employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 10.3 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 1 contract

Samples: Lease (Axonics Modulation Technologies, Inc.)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole gross negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 1 contract

Samples: Lease (Connect Biopharma Holdings LTD)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licenseeslicensees in or about the Premises, the Building or the Common Areas of the Project. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against (and Landlord shall reimburse Tenant for) any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 1 contract

Samples: Lease (AutoWeb, Inc.)

AutoNDA by SimpleDocs

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 1 contract

Samples: Lease Agreement (Marathon Patent Group, Inc.)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 10.3 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.. XXXXXXXX-0-00 - 000000 - 0.1

Appears in 1 contract

Samples: Lease Agreement (Cepheid)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission negligence or negligence willful misconduct on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors contractors, employees, vendors, invitees or employeeslicensees.

Appears in 1 contract

Samples: Lease Agreement (TigerLogic CORP)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s 's agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after alter the Commencement Date which arise from or are caused by Tenant’s 's use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s 's business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s 's agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s 's part to be performed under this Lease, or from any act, omission negligence or negligence willful misconduct on the part of Tenant or Tenant’s 's agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s 's defense in any action covered by this Section 10.2 10.3 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify or hold harmless Landlord from or against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employeesemployees or their violation of any governmental laws, rules or regulations through no fault of Tenant or any of Tenant's agents, employees or contractors.

Appears in 1 contract

Samples: Sublease (Upwork Inc.)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, third party claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by to the extent arising as a consequence of Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 10.3 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employeesemployees or covered by Landlord’s indemnity obligations set forth in Section 10.4 below.

Appears in 1 contract

Samples: Lease Agreement (eASIC Corp)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defendwill protect, indemnify and hold harmless Landlord and save Landlord’s agents, its partners, shareholders, members, managers, employees, lendersofficers, directors, agents and affiliatestheir respective successors and assigns harmless (if Landlord is a trustee, the term “Landlord” for the purposes of this Article shall include the trustee and all beneficiaries of the trust) from and against any and all negligenceliabilities, obligations, claims, liabilities, damages, penalties, causes of action, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) imposed upon, incurred by or expenses arising either before assessed against Landlord by reason of (A) any accident, injury to or after the Commencement Date which arise from death of persons or are caused by Tenant’s use loss of or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in damage to property occurring on or about the Premises, the Building Premises or any part thereof or the Common Areas of the Projectadjoining properties, sidewalks, curbs, streets or ways, or resulting from an act or omission of Tenant or anyone claiming by, through or under Tenant; (B) any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence failure on the part of Tenant to perform or comply with any of the terms of this Lease or any agreements affecting the Premises; (C) the use, occupation, condition, or operation of the Premises or any part thereof; or (D) performance of any labor or services or the furnishing of any materials or other property in respect of the Premises or any part thereof in case any action, suit or proceeding is brought against Landlord by reason of any such occurrence. Tenant will, at Tenant’s agentssole expense, employeesresist and defend such action, subtenantssuit or proceeding, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that cause the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employeesto be resisted and defended.

Appears in 1 contract

Samples: Commercial Lease Agreement

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s , its agents, employees, lenders, and affiliatesany and all affiliates of Landlord, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after during the Commencement Date which arise Term from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the ProjectAreas, or from the conduct of Tenant’s its business, or from any activity, work, or thing done, permitted or suffered done by Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees (collectively, “Tenant Parties”) in or about the Premises, the Building or the Common Areas of the ProjectAreas, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission act or negligence on the part of Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 10.3 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant Tenant’s indemnification obligation shall not be obligated apply to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees, and, in that event, Landlord shall indemnify, defend and hold Tenant harmless from any resulting claims, liabilities, costs or expenses.

Appears in 1 contract

Samples: Lease (BioNano Genomics, Inc)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord Landlord, Master Lessor and Landlord’s their respective agents, employees, lenders, lenders and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses and damages arising either before or after the Commencement Delivery Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building Buildings or the Common Areas of the ProjectAreas, or from the conduct of Tenant’s its business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building Buildings or the Common Areas of the ProjectAreas, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part act of Tenant or Tenant’s its agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 10.3 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against (i) consequential damages or lost profits incurred by Landlord, or (ii) any liability or expense to the extent it is ultimately determined by a court of competent jurisdiction that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 1 contract

Samples: Lease Agreement (Silicon Graphics International Corp)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 10.3 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 1 contract

Samples: Lease (Cambium Networks Corp)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defend, indemnify and hold harmless Landlord save Landlord, Landlord’s mortgagee, deed of trust trustee and beneficiary and Landlord’s ground lessor, if any, and Landlord’s agents, contractors, subcontractors, employees, lenders, successors and affiliates, assigns harmless from and against any and all negligencepenalties, claims, liabilitiescosts, demands, damages, costs losses, expenses (including reasonable attorneys’ fees), suits or expenses arising either before or after the Commencement Date which liabilities of whatsoever nature (collectively, “Claims”) brought by third parties and that arise from or are caused by Tenant’s or its subtenant’s, assignee’s, agent’s, licensee’s, contractor’s, subcontractor’s, concessionaire’s or employee’s (herein, Tenant and such other parties are collectively referred to as the “Tenant Parties”) use or and occupancy of the Premises, Premises and the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, Project or from any other activity, work, work or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees the Tenant Parties in or about the Premises, the Building or the Common Areas of Premises and the Project. If any such proceeding is filed by a third party against Landlord or any such indemnified party, Tenant agrees to defend Landlord or from any Default such party in the performance of any obligation on such proceeding at Tenant’s part to be performed under this Leasesole cost, or from any actif requested by Landlord, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through legal counsel reasonably satisfactory to Landlord and such indemnified party, if requested by Landlord. Notwithstanding the foregoing, In no event shall Tenant shall not be obligated to indemnify Landlord against or any liability of the other parties identified above for any willful or expense to the extent it is ultimately determined that the same was caused by the sole negligence grossly negligent act or willful misconduct omission of Landlord, its agents, contractors Landlord or employeessuch other party.

Appears in 1 contract

Samples: Lease Agreement (CHG Healthcare Services, Inc.)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.. Notwithstanding the foregoing, to the fullest extent permitted by law, but subject to

Appears in 1 contract

Samples: Lease (Turning Point Therapeutics, Inc.)

Tenant’s Indemnity. To the fullest extent permitted by law, but subject to Section 10.4 10.5 below, Tenant shall defend, indemnify and hold harmless Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all negligence, claims, liabilities, damages, costs or expenses arising either before or after the Commencement Date which arise from or are caused by Tenant’s use or occupancy of the Premises, the Building Buildings or the Common Areas of the Project, or from the conduct of Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in or about the Premises, the Building Buildings or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act, omission or negligence on the part of Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to assume Landlord’s defense in any action covered by this Section 10.2 10.3 through counsel reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall not be obligated to indemnify Landlord against any liability or expense to the extent it is ultimately determined that the same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees.

Appears in 1 contract

Samples: Lease (Axonics, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!