Common use of Tenant’s Indemnity Clause in Contracts

Tenant’s Indemnity. Tenant will indemnify, defend and save Landlord, its employees, agents and contractors, harmless from and against any and all actions, damages, liability and expenses in connection with the loss of life, personal injury, property damage, or loss or damage of whatever nature, to third parties caused by or resulting from, or claimed to have been caused by or to have resulted from, wholly or in part, any act, omission or negligence of Tenant or anyone claiming under Tenant (including, but without limitation, Tenant’s subtenants, concessionaires, agents, employees, servants and contractors). This indemnity, defense and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in connection with any such injury, loss or damage or any such claim, or any proceedings brought thereon or the defense thereof including, without limitation, court costs and reasonable attorneys’ fees. If Tenant or anyone claiming under Tenant or the whole or any part of the property of Tenant shall be injured, lost or damaged by theft, fire, water or steam or in any other way or manner whether similar or dissimilar to the foregoing, no part of said injury, loss or damage is to be borne by the Landlord or its agents unless caused by the negligence of Landlord. Tenant agrees that Landlord shall not be liable to Tenant or anyone claiming under Tenant for any injury, loss, or damage caused by or resulting from the act, omission, default or negligence of any persons occupying adjoining premises or any other part of the Building or Project. In case the Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, the Tenant shall protect, indemnify, and defend with counsel reasonably acceptable to Landlord, and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by Landlord in connection with such litigation. Landlord agrees to give Tenant timely notice of any claims for which indemnity will be sought. The obligations set forth in this paragraph shall survive the expiration or sooner termination of the Lease.

Tenant’s Indemnity. Subject to the provisions of Section 33(P), Tenant will shall indemnify, defend and save Landlord, its employees, agents and contractors, harmless from and against any and all actions, damages, liability and expenses in connection with the loss of life, personal injury, property damage, or loss or damage of whatever nature, to third parties caused by or resulting from, or claimed to have been caused by or to have resulted from, wholly or in part, any act, omission or negligence of Tenant or anyone claiming under Tenant (including, but without limitation, Tenant’s subtenants, concessionaires, agents, employees, servants and contractors). This indemnity, defense and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in connection with any such injury, loss or damage or any such claim, or any proceedings brought thereon or the defense thereof including, without limitation, court costs and reasonable attorneys’ fees. If Tenant or anyone claiming under Tenant or the whole or any part of the property of Tenant shall be injured, lost or damaged by theft, fire, water or steam or in any other way or manner whether similar or dissimilar to the foregoing, no part of said injury, loss or damage is to be borne by the Landlord or its agents unless caused by the negligence of Landlord. Tenant agrees that Landlord shall not be liable to Tenant or anyone claiming under Tenant for any injury, loss, or damage caused by or resulting from the act, omission, default or negligence of any persons occupying adjoining premises or any other part of the Building or Project. In case the Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, the Tenant shall protect, indemnify, and defend with using legal counsel reasonably acceptable to Landlord) and save Landlord and its property manager (if any) harmless from all claims, suits, losses, damages, fines, penalties, liabilities and hold Landlord harmless expenses (including Landlord’s personnel and shall pay all costs, expenses overhead costs and reasonable attorneys’ attorneys fees and other costs incurred or paid by Landlord in connection with claims, regardless of whether such claims involve litigation. Landlord agrees to give Tenant timely notice ) resulting from any actual or alleged injury (including death) of any claims for which indemnity will be soughtperson or from any actual or alleged loss of or damage to any property arising out of or in connection with (i) Tenant’s occupation, use or improvement of the Premises, or that of its employees, agents or contractors, (ii) Tenant’s breach of its obligations hereunder or (iii) any act or omission of Tenant or any subtenant, licensee, assignee or concessionaire of Tenant, or of any officer, agent, employee, guest or invitee of Tenant, or of any such entity in or about the Premises. The obligations set forth Notwithstanding the foregoing or anything in this paragraph Lease to the contrary, Tenant shall not be required to indemnify Landlord hereunder to the extent any such claim or loss is caused by the grossly negligent or willful acts or omissions of Landlord, its property manager, or their respective members, managers, shareholders, partners, directors, officers, agents, or employees. This indemnity with respect to acts or omissions during the term of this Lease shall survive termination or expiration of this Lease. Tenant shall promptly notify Landlord of casualties or accidents occurring in or about the expiration or sooner termination of the LeasePremises. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF SECTION 29 AND THIS SECTION 21 WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.

Tenant’s Indemnity. Tenant will indemnify, defend and save Landlord, its employees, agents and contractors, harmless from and against any and all actions, damages, liability and expenses in connection with the loss of life, personal injury, property damage, or loss or damage of whatever nature, to third parties caused by or resulting from, or claimed to have been caused by or to have resulted from, wholly or in part, any act, omission or negligence of Tenant or anyone claiming under Tenant (including, but without limitation, Tenant’s subtenants, concessionaires, agents, employees, servants and contractors). This indemnity, defense and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in connection with any such injury, loss or damage or any such claim, or any proceedings brought thereon or the defense thereof including, without limitation, court costs and reasonable attorneys’ attorneys fees. If Tenant or anyone claiming under Tenant or the whole or any part of the property of Tenant shall be injured, lost or damaged by theft, fire, water or steam or in any other way or manner whether similar or dissimilar to the foregoing, no part of said injury, loss or damage is to be borne by the Landlord or its agents unless caused by the negligence of Landlordagents. Tenant agrees that Landlord shall not be liable to Tenant or anyone claiming under Tenant for any injury, loss, or damage that may be caused by or resulting result from the act, omission, default or negligence of any persons occupying adjoining premises or any other part of the Building Property or ProjectPark. In case the Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, the Tenant shall protect, indemnify, and defend with counsel reasonably acceptable to Landlord, and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by Landlord in connection with such litigation. Landlord agrees to give Tenant timely notice of any claims for which indemnity will be sought. The obligations set forth in this paragraph shall survive the expiration or sooner termination of the Lease.

Tenant’s Indemnity. Tenant will shall indemnify, defend protect, defend, and save hold Landlord and Landlord's officers, its employeesdirectors, employees and agents and contractors(collectively, "representatives") harmless from and against any and all claims, actions, demands, proceedings, losses, damages, liability costs of any kind or character (including reasonable attorneys' fees and expenses in connection with the loss of lifecourt costs), personal injuryexpenses, property damageliabilities, judgments, fines, penalties, or loss interest (collectively, "Losses"), arising from or damage out of whatever nature, to third parties caused by or resulting fromTenant's use of the Premises, or claimed from the conduct of Tenant's business or from any activity, work or things done, permitted or suffered by Tenant in or about the Premises or elsewhere. Tenant shall also indemnify, protect, defend, and hold Landlord and Landlord's representatives harmless from and against any and all Losses arising from any breach or default in the performance of any obligation on Tenant's part to have been caused by be performed under the terms of this Lease, or to have resulted fromarising from any act or omission of Tenant, wholly or in part, any act, omission or negligence of Tenant or anyone claiming under Tenant (including, but without limitation, Tenant’s subtenants, concessionaires, 's agents, contractors, or employees, servants and contractors). This indemnity, defense from and hold harmless agreement shall include indemnity against all costs, attorneys' fees, expenses and liabilities reasonably incurred in connection with the defense of any such injury, loss claim or damage any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord or any of Landlord's representatives by reason of any such claim, or any proceedings brought thereon or Tenant upon notice from Landlord shall defend the defense thereof including, without limitation, court costs same at Tenant's expense by counsel reasonably satisfactory to Landlord and reasonable attorneys’ feesLandlord shall cooperate with Tenant in such defense. If Tenant or anyone claiming under Tenant or the whole or any part Neither termination of this Lease nor completion of the property of acts to be performed under this Lease shall release Tenant from its obligations to defend or indemnify Landlord as required hereunder so long as the event upon which any such Loss is predicated shall be injured, lost or damaged by theft, fire, water or steam or in any other way or manner whether similar or dissimilar have occurred prior to the foregoing, no part of said injury, loss or damage is to be borne by the Landlord or its agents unless caused by the negligence of Landlord. Tenant agrees that Landlord shall not be liable to Tenant or anyone claiming under Tenant for any injury, loss, or damage caused by or resulting from the act, omission, default or negligence effective date of any persons occupying adjoining premises such termination or any other part of the Building or Project. In case the Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, the Tenant shall protect, indemnify, and defend with counsel reasonably acceptable to Landlord, and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by Landlord in connection with such litigation. Landlord agrees to give Tenant timely notice of any claims for which indemnity will be sought. The obligations set forth in this paragraph shall survive the expiration or sooner termination of the Leasecompletion.

Tenant’s Indemnity. Subject to the provisions of Section 10.3 of this Lease and Section 14.3 below, Tenant will indemnify, defend shall indemnify Landlord and save Landlord, its employees, agents and contractors, it harmless from and against any and all loss (including loss of rentals payable by Tenant or other tenants in the event of loss either directly or indirectly caused by any act or omission of Tenant unless such loss is covered by Xxxxxxxx’s rent abatement insurance), claims, actions, damages, liability and expenses in connection with the loss of life, life and personal injury, hazardous substance or environmental claims, and damage to property damagearising from any occurrence in, upon or at Premises during the term of this Lease or any part thereof, or loss or damage of whatever nature, to third parties caused by or resulting from, or claimed to have been caused by or to have resulted from, occasioned wholly or in partpart by any act or omission of Tenant, any actits agents, omission or negligence of Tenant or anyone claiming under Tenant (including, but without limitation, Tenant’s subtenants, concessionaires, agentscontractors, employees, servants and contractors). This indemnityservants, defense and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in connection with any such injury, loss or damage or any such claimlicensees, or any proceedings brought thereon concessionaires or the defense thereof including, without limitation, court costs and reasonable attorneys’ fees. If Tenant invitees or by anyone claiming under Tenant or the whole or any part of the property of Tenant shall be injured, lost or damaged by theft, fire, water or steam or in any other way or manner whether similar or dissimilar to the foregoing, no part of said injury, loss or damage is permitted to be borne on Premises by the Tenant; however in no event shall Tenant indemnify Landlord or its agents unless caused by the hold it harmless from any negligence or misconduct of Landlord. Tenant agrees that Landlord shall not be liable to Tenant , its agents, employees or anyone claiming under Tenant for any injury, loss, contractors or damage caused by or resulting from the act, omission, default or negligence of any persons occupying adjoining premises or any other part of the Building or ProjectLandlord’s invitees. In case the Landlord shall, without fault on its part, shall be made a party to any litigation commenced by or against TenantTenant (except litigation where Tenant is seeking relief from or a remedy against Landlord, the its agents, employees, or contractors), then Tenant shall protect, indemnify, and defend with counsel reasonably acceptable to Landlord, protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by Landlord in connection with such litigationlitigation whether or not such action is contested or prosecuted to judgment. All personal property on Premises shall be at Tenant’s sole risk, and Landlord agrees shall not be liable for any damage done to give Tenant timely notice or loss of any claims such personal property or for which indemnity will be sought. The obligations set forth in this paragraph shall survive damage or loss suffered by Tenant, unless caused solely by Landlord’s negligence, subject to the expiration or sooner termination provisions of the LeaseSections 10.3 and 23.1.

Tenant’s Indemnity. Tenant will indemnify, defend and save Landlord, its employees, agents and contractors, harmless from and against any and all actions, damages, liability and expenses in connection with the loss of life, personal injury, property damage, or loss or damage of whatever nature, to third parties caused by or resulting from, or claimed to have been caused by or to have resulted from, wholly or in part, any act, omission or negligence of Tenant or anyone claiming under Tenant (including, but without limitation, Tenant’s subtenants, concessionaires, agents, employees, servants and contractors). This indemnity, defense and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in connection with any such injury, loss or damage or any such claim, or any proceedings brought thereon or the defense thereof including, without limitation, court costs and reasonable attorneys’ fees. If Tenant or anyone claiming under Tenant or the whole or any part of the property of Tenant shall be injured, lost or damaged by theft, fire, water or steam or in any other way or manner whether similar or dissimilar to the foregoing, no part of said injury, loss or damage is to be borne by the Landlord or its agents unless caused by the negligence of Landlord. Tenant agrees that Landlord shall not be liable to Tenant or anyone claiming under Tenant for any injury, loss, or damage caused by or resulting from the act, omission, default or negligence of any persons occupying adjoining premises or any other part of the Building or Project. In case the Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, the Tenant shall protect, indemnify, and defend with counsel reasonably acceptable to Landlord, and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by Landlord in connection with such litigation. Landlord agrees to give Tenant timely notice of any claims for which indemnity will be sought. The obligations set forth in this paragraph shall survive the expiration or sooner termination of the Lease. Notwithstanding anything herein to the contrary, Tenant shall have no obligation under this Section 18(a)(i) to the extent the event resulting in such indemnification results from Tenant having followed the written instructions or Landlord, or willful act or omission to act, intentional misrepresentation or gross negligence of Landlord.

Tenant’s Indemnity. Tenant will agrees to indemnify, protect and defend Landlord against and save Landlord, its employees, agents and contractors, hold Landlord harmless from and against any and all actionsclaims, damagescauses of action, liability judgments, obligations or liabilities, and all reasonable expenses incurred in connection with investigating or resisting the loss of lifesame (including reasonable attorneys' fees), personal injury, property damageon account of, or loss or damage of whatever nature, to third parties caused by or resulting from, or claimed to have been caused by or to have resulted from, wholly or in part, any act, omission or negligence of Tenant or anyone claiming under Tenant (including, but without limitationarising out of, Tenant’s subtenants's and/or Tenant's Agents' negligence or willful misconduct within (a) the Premises, concessionaires(b) the exterior of the Building, agents(c) the Common Areas and (d) the Parcel, employees, servants and contractors)all areas appurtenant thereto. This indemnity, defense and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in connection with any such injury, loss or damage or any such claim, or any proceedings brought thereon or Lease is made on the defense thereof including, without limitation, court costs and reasonable attorneys’ fees. If Tenant or anyone claiming under Tenant or the whole or any part of the property of Tenant shall be injured, lost or damaged by theft, fire, water or steam or in any other way or manner whether similar or dissimilar to the foregoing, no part of said injury, loss or damage is to be borne by the Landlord or its agents unless caused by the negligence of Landlord. Tenant agrees express understanding that Landlord shall not be liable for, nor suffer loss by reason of, injury to person or property, from whatever cause, which in any way may be connected with Tenant's operation, use or occupancy of the Premises specifically including, without limitation, any liability for injury to the person or property of Tenant or anyone claiming under its Agents. Notwithstanding the foregoing, in no event shall Tenant for any injury, loss, or damage caused by or resulting from the act, omission, default or negligence of any persons occupying adjoining premises be required to indemnify Landlord or any other part of the Building or Project. In case the Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, the Tenant shall protect, indemnify, and defend with counsel reasonably acceptable to Landlord, and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by Landlord in connection with such litigation. Landlord agrees to give Tenant timely notice negligence, willful misconduct, or conduct in violation of this Lease on the part of Landlord, its employees, agents, contractors, subcontractors, and/or other tenants or occupants of any claims for which indemnity will be soughtof the other Buildings on the Parcel. The obligations set forth in provisions of this paragraph Paragraph 8.A.1 shall survive the expiration or sooner termination of this Lease. The foregoing indemnity obligation of Tenant is conditioned upon (a) Landlord's notification to Tenant in writing promptly after Landlord becomes aware that such indemnity obligation may apply and (b) Landlord's reasonable cooperation with Tenant in defending and/or settling such claim. As to any indemnified matter, Landlord and Tenant shall jointly control the Leasedefense (at Tenant's cost), and all related settlement negotiations shall be subject to the reasonable approval of both Landlord and Tenant.

Tenant’s Indemnity. Tenant will indemnifyshall be liable to Landlord for and indemnify and hold Landlord harmless against all damages (including investigation and remedial costs), defend liabilities, losses (including diminution of value of the Premises), fines, penalties, fees, and save Landlordclaims, demands, orders or enforcement actions arising out of activities associated with Hazardous Materials which activities are conducted or permitted by Tenant within the Premises during the Lease Term or any other period during which Tenant, its agents, contractors, employees, agents and sublessees, assignees or licensees are occupying the Premises or are conducted or permitted by Tenant, Tenant, its agents, contractors, harmless from employees, sublessees, assignees or licensees (“Tenant Parties”) at the Project. In the event Tenant and/or Tenant’s Parties’ activities are responsible for a Hazardous Materials condition at the Project, Tenant shall promptly commence investigation and against remedial activities to remediate such condition as required by applicable laws. Any such remediation activities shall be deemed an Alteration requiring Landlord’s consent hereunder. If appropriate or required by law, these activities shall be conducted in conjunction with Federal, state and local oversight and approvals. If any and all actionsaction of any kind is required or requested to be taken by any governmental authority to clean-up, damages, liability and expenses in connection with remove remediate or monitor any Hazardous Materials (the loss presence of life, personal injury, property damage, which is the result of the acts or loss or damage of whatever nature, to third parties caused by or resulting from, or claimed to have been caused by or to have resulted from, wholly or in part, any act, omission or negligence omissions of Tenant or anyone claiming under its Agents) and such action is not completed prior to the expiration or earlier termination of the Lease, Tenant (includingshall be deemed to have impermissibly held over until such time as such required action is completed, but without limitation, Tenant’s subtenants, concessionaires, agents, employees, servants and contractors). This indemnity, defense and hold harmless agreement Landlord shall include indemnity against be entitled to all costs, expenses and liabilities damages directly or indirectly incurred in connection with any such injuryholding over, loss or damage or any such claim, or any proceedings brought thereon or the defense thereof including, without limitation, court costs and reasonable attorneys’ fees. If Tenant damages occasioned by the inability to re-let the Premises or anyone claiming under Tenant or the whole or any part a reduction of the property of Tenant shall be injured, lost or damaged by theft, fire, water or steam or in any other way or manner whether similar or dissimilar to the foregoing, no part of said injury, loss or damage is to be borne by the Landlord or its agents unless caused by the negligence of Landlord. Tenant agrees that Landlord shall not be liable to Tenant or anyone claiming under Tenant for any injury, loss, or damage caused by or resulting from the act, omission, default or negligence of any persons occupying adjoining premises or any other part fair market and/or rental value of the Building or Project. In case the Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, the Tenant shall protect, indemnify, and defend with counsel reasonably acceptable to Landlord, and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by Landlord in connection with such litigation. Landlord agrees to give Tenant timely notice of any claims for which indemnity will be sought. The obligations set forth in this paragraph shall survive the expiration or sooner termination of the LeasePremises.

Tenant’s Indemnity. To the maximum extent this Agreement may be made effective according to law (but subject to M.G.L. Chapter 186 §15, if applicable), Tenant will indemnify, defend agrees to indemnify and save Landlord, its employees, agents and contractors, harmless Landlord from and against any and all actionsclaims, damages, liability and expenses in connection with the loss of life, personal injury, property damage, actions or loss or damage proceedings of whatever nature, nature to third parties caused by or resulting from, or claimed to have been caused by or to have resulted from, wholly or in part, the extent arising from any act, omission or negligence of Tenant or anyone claiming under Tenant (including, but without limitation, Tenant’s subtenantscontractors, concessionaires, licensees agents, employeesservants or employees or arising from any accident, servants injury or damage whatsoever caused to any person, or to the property of any person, occurring after the date of this Lease until the end of the Term of this Lease and thereafter, so long as Tenant is in occupancy of any part of the Premises, in or about the Premises, or arising from any accident, injury or damage occurring outside of the Premises but on the Property, where such accident, damage or injury results or is claimed to have resulted from an act or omission on the part of Tenant or Tenant’s agents or employees or independent contractors). This indemnity, defense indemnity and hold harmless agreement shall include indemnity against all reasonable costs, expenses and liabilities incurred in or in connection with any such injury, loss or damage or any such claim, action or any proceedings proceeding brought thereon or thereon, and the defense thereof. Landlord may make claims for indemnification hereunder by giving written notice thereof including, without limitation, court costs and reasonable attorneys’ feesto Tenant. If indemnification is sought for a claim or liability asserted by a third party, Landlord shall endeavor to give written notice thereof to Tenant or anyone claiming under Tenant or the whole or any part promptly after it receives notice of the property claim or liability being asserted, but the failure to do so shall not relieve Tenant from any liability. Such notice shall provide a copy of any written document which may be the basis for the claim for indemnification. Tenant shall be injured, lost or damaged entitled to direct the defense of such claim with counsel selected by theft, fire, water or steam or in any other way or manner whether similar or dissimilar it (subject to the foregoing, no part of said injury, loss or damage is to be borne by the Landlord or its agents unless caused by the negligence consent of Landlord. Tenant agrees that Landlord , which consent shall not be liable unreasonably withheld) as long as Tenant is conducting a good faith and diligent defense. Landlord shall at all times have the right to fully participate in the defense of a third party claim or liability at its own expense directly or through counsel; provided, however, that if the named parties to the action or proceeding include both Tenant or anyone claiming under Tenant for any injury, loss, or damage caused by or resulting from the act, omission, default or negligence of any persons occupying adjoining premises or any other part of the Building or Project. In case the Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, the Tenant shall protect, indemnify, and defend with counsel reasonably acceptable to Landlord, and hold Landlord harmless is advised that representation of both parties by the same counsel would be inappropriate under applicable standards of professional conduct, Landlord may engage separate counsel at the expense of Tenant. If such good faith and diligent defense is not being or ceases to be conducted by Tenant, Landlord shall have the right, at the expense of Tenant, to undertake the defense of such claim or liability (with counsel selected by Landlord), and to compromise or settle it, exercising reasonable business judgment. If the third party claim or liability is one that by its nature cannot be defended solely by Tenant, then Landlord shall make available such information and assistance as Tenant may reasonably request and shall pay all costscooperate with Tenant in such defense, expenses at the expense of Tenant. In the event that Landlord is indemnified by Tenant, and reasonable attorneys’ fees incurred or paid Landlord actually receives insurance proceeds with respect to the same matter for which Landlord was indemnified, then Landlord shall promptly remit said insurance proceeds to Tenant (up to the amount of the indemnification payment actually received by Landlord in connection with such litigation. Landlord agrees to give Tenant timely notice of any claims for which indemnity will be sought. The obligations set forth in this paragraph shall survive the expiration or sooner termination of the Leasefrom Tenant).

Tenant’s Indemnity. Tenant will Landlord shall indemnify, protect, defend and save hold harmless the Tenant, its officers, directors, members, owners, shareholders and employees, from and against any and all claims, suits, actions, damages or causes of action of arising out or related to the negligent or intentional acts of the Landlord, its officials, agents, representative or employees, agents , whether such claim shall be made by the Landlord, or any official, employee, agent, contractor, invitee or guest of the Landlord, or by Tenant, its officers, directors, members, owners, shareholders and contractorsemployees, or by any third party, and whether it relates to injury to persons (including death) or damage to property. The Landlord shall, at its own cost and expense, pay and satisfy all reasonable costs related to any orders, judgments or decrees which may be entered thereon, and all reasonable costs, attorneys’ fees, expenses and liabilities incurred in and about the defense of any such claims and the investigation thereof. The Landlord shall also indemnify, defend, protect and hold the Tenant, its officers, directors, members, owners, shareholders and employees harmless from and against any and all actions, damages, liability and expenses claims arising from any breach or default in connection with performance of any obligation of the loss Landlord’s part to be performed under the terms of life, personal injury, property damagethis Agreement, or loss or damage of whatever nature, to third parties caused by or resulting from, or claimed to have been caused by or to have resulted from, wholly or in part, arising from any act, neglect, fault or omission of the Landlord or negligence of Tenant or anyone claiming under Tenant (including, but without limitation, Tenant’s subtenants, concessionairesits employees, agents, employees, servants from and contractors). This indemnity, defense and hold harmless agreement shall include indemnity against all reasonable costs, attorneys’ fees, expenses and liabilities liability incurred in connection with any such injury, loss or damage claim or any action or proceeding brought thereon. The Landlord reserves the right to defend itself. Tenant reserves the right to retain counsel of its choice. The Landlord shall immediately notify the Tenant, in writing, of any claim or action filed, of whatever nature, arising out of the Property. The Landlord shall also immediately notify the Tenant if it knows or has reason to believe a claim or action will be filed, of whatever nature, arising from the Property. The Parties acknowledge and accept that the Landlord’s responsibility under this section may be limited and will be limited to the extent applicable by Section 768.28, Florida Statutes for property loss, property damage, incident to injury to persons or property arising out of, or resulting from the negligent work or negligent act or omission relative to work performed by Landlord under this agreement, unless however, such claim, or any proceedings brought thereon or the defense thereof including, without limitation, court costs and reasonable attorneys’ fees. If Tenant or anyone claiming under Tenant or the whole or any part of the property of Tenant demand shall be injured, lost or damaged by theft, fire, water or steam or in any other way or manner whether similar or dissimilar to the foregoing, no part of said injury, loss or damage is to be borne by the Landlord or its agents unless caused by the negligence of Landlord. Tenant agrees that Landlord shall not be liable to Tenant or anyone claiming under Tenant for any injury, lossarise out of, or damage caused by or resulting result from the actnegligence, omission, default or negligence misconduct of any persons occupying adjoining premises or any other part of the Building or Project. In case the Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, its servants, agents, employees, or assigns, or to claims in the Tenant shall protectnature of contract, indemnifyequity, and defend with counsel reasonably acceptable to Landlord, and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by Landlord in connection with such litigation. Landlord agrees to give Tenant timely notice violation (s) of any claims for which indemnity will be sought. The obligations set forth in this paragraph shall survive the expiration or sooner termination of the Leasean applicable law.

Tenant’s Indemnity. Subject to the provisions of Section 10.3 of this Lease and Section 14.3 below, Tenant will indemnify, defend shall indemnify Landlord and save Landlord, its employees, agents and contractors, it harmless from and against any and all loss (including loss of rentals payable by Tenant or other tenants in the event of loss either directly or indirectly caused by any act or omission of Tenant unless such loss is covered by Landlord’s rent abatement insurance), claims, actions, damages, liability and expenses in connection with the loss of life, life and personal injury, hazardous substance or environmental claims, and damage to property damagearising from any occurrence in, upon or at Premises during the term of this Lease or any part thereof, or loss or damage of whatever nature, to third parties caused by or resulting from, or claimed to have been caused by or to have resulted from, occasioned wholly or in partpart by any act or omission of Tenant, any actits agents, omission or negligence of Tenant or anyone claiming under Tenant (including, but without limitation, Tenant’s subtenants, concessionaires, agentscontractors, employees, servants and contractors). This indemnityservants, defense and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in connection with any such injury, loss or damage or any such claimlicensees, or any proceedings brought thereon concessionaires or the defense thereof including, without limitation, court costs and reasonable attorneys’ fees. If Tenant invitees or by anyone claiming under Tenant or the whole or any part of the property of Tenant shall be injured, lost or damaged by theft, fire, water or steam or in any other way or manner whether similar or dissimilar to the foregoing, no part of said injury, loss or damage is permitted to be borne on Premises by the Tenant; however in no event shall Tenant indemnify Landlord or its agents unless caused by the hold it harmless from any negligence or misconduct of Landlord. Tenant agrees that Landlord shall not be liable to Tenant , its agents, employees or anyone claiming under Tenant for any injury, loss, contractors or damage caused by or resulting from the act, omission, default or negligence of any persons occupying adjoining premises or any other part of the Building or ProjectLandlord’s invitees. In case the Landlord shall, without fault on its part, shall be made a party to any litigation commenced by or against TenantTenant (except litigation where Tenant is seeking relief from or a remedy against Landlord, the its agents, employees, or contractors), then Tenant shall protect, indemnify, and defend with counsel reasonably acceptable to Landlord, protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by Landlord in connection with such litigationlitigation whether or not such action is contested or prosecuted to judgment. All personal property on Premises shall be at Tenant’s sole risk, and Landlord agrees shall not be liable for any damage done to give Tenant timely notice or loss of any claims such personal property or for which indemnity will be sought. The obligations set forth in this paragraph shall survive damage or loss suffered by Tenant, unless caused solely by Landlord’s negligence, subject to the expiration or sooner termination provisions of the LeaseSections 10.3 and 23.1.

Tenant’s Indemnity. To the maximum extent this agreement may be made effective according to law, and except as otherwise expressly provided in this Lease, the Tenant will indemnify, defend agrees to indemnify and save Landlord, its employees, agents and contractors, harmless the Landlord from and against any and all actionsclaims, damagesloss, liability and expenses in connection with the loss of life, personal injury, property damage, or loss or damage of whatever nature, nature to third parties caused by the extent (except to the extent that the same results from the negligence or resulting fromintentional misconduct of Landlord, or claimed the Landlord’s Responsible Parties (as hereinafter defined)): (i) arising from any negligent act or omission relating to have been caused by an express obligation under this Lease or willful misconduct of any Tenant Responsible Party or any accident, injury to have resulted fromor death of persons or loss of or damage to property whatsoever, wholly in each case occurring during the Term and thereafter, so long as the Tenant is in occupancy of any part of the Premises, and in each case occurring in the Premises, or (ii) arising from any accident, injury or damage occurring outside the Premises but in partor on the Property Common Areas, or any actother areas within the Buildings or on the Land, omission where such accident, injury or negligence of Tenant or anyone claiming under Tenant (includingdamage results, but without limitation, from the Tenant’s subtenantsuse or occupancy of the Premises or from any act or omission relating to an express obligation under this Lease on the part of any Tenant Responsible Party; provided that the foregoing indemnity shall not include any cost or damage to the extent arising from the negligence or willful misconduct of the Landlord or the Landlord’s managers, concessionairesmembers, contractors, licensees, invitees, agents, employeesservants or employees or others for whom the Landlord is legally responsible (collectively, servants and contractorswith the Landlord, “Landlord Responsible Parties”). This indemnity, defense indemnity and hold harmless agreement shall include indemnity against reasonable attorneys’ fees and all other costs, expenses and liabilities incurred or in connection with any such injuryclaim or proceeding brought thereon, loss or damage or any such claim, or any proceedings brought thereon or and the defense thereof includingthereof. The claims subject to the foregoing indemnity by Tenant shall include any claims by the Master Landlord under Section 9(a) of the Master Lease arising from the Tenant’s use or occupancy of the Premises. Landlord shall indemnify and hold Tenant, without limitationTenant’s members, court costs managers, agents, employees and contractors harmless from and against all costs, fees (including reasonable attorneys’ fees. If Tenant or anyone claiming under Tenant or the whole or any part of the property of Tenant shall be injured), lost or damaged by theftliabilities, fire, water or steam or in any other way or manner whether similar or dissimilar to the foregoing, no part of said injury, loss or damage is to be borne by the Landlord or its agents unless caused by the negligence of Landlord. Tenant agrees that Landlord shall not be liable to Tenant or anyone claiming under Tenant for any injury, loss, or damage caused by or resulting from the act, omission, default or negligence of any persons occupying adjoining premises or any other part of the Building or Project. In case the Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, the Tenant shall protect, indemnify, and defend with counsel reasonably acceptable to Landlord, and hold Landlord harmless and shall pay all costsdamages, expenses and reasonable attorneys’ fees incurred claims from or paid in connection with: (a) the negligence or willful misconduct of Landlord or any of Landlord Responsible Parties; (b) any breach or default by Landlord in connection with such litigation. Landlord agrees to give Tenant timely notice the full and prompt payment and performance of Landlord’s obligations under this Lease and (c) the material breach of any claims for which indemnity will be sought. The obligations of the warranties and representations set forth in this paragraph Lease. The foregoing indemnity shall survive not, however, apply to either Master Landlord or any mortgagee of the expiration Property or sooner Landlord’s leasehold estate under the Master Lease which succeeds to Landlord’s interest hereunder by termination of the Master Lease, foreclosure of the subject mortgage or otherwise, nor to any party taking title by, through or under Master Landlord or any such mortgagee.

Tenant’s Indemnity. Tenant will indemnify, defend hereby indemnifies and save Landlord, saves Owner and its employees, agents harmless against and contractors, harmless from and against any and all actions, damages, liability and expenses claims in connection with the loss conduct of life, personal injury, property damagethe business or in management or the premises, or loss any work or thing whatsoever done, or any condition created, or accident, injury or damage caused to any person or property in or about the premises (including the sidewalks and adjacent areas) during the term of whatever naturethis Lease or during the period of time, if any, prior to third parties caused by or resulting fromthe commencement date that Tenant may have been given access to the premises pursuant to this Lease, or claimed to have been caused by or to have resulted from, wholly or in part, arising from any act, omission or negligence of Tenant or anyone claiming under Tenant any of its subtenants or licensees or its or their employees, agents, or contractors, (including, but without limitation, Tenant’s subtenantsattorney's fees and disbursements) incurred in or in connection with each such claim or action or proceeding brought thereon, concessionairesand the defense thereof (except if arising solely from acts of Owner), agents, employees, servants and contractors). This indemnity, defense and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in connection with and attorney's fees, unless same are caused by the Owner or the Owner's agents or employees or anyone under the Owner's control. Tenant will, on demand, repay to Owner any amount that Owner may be obligated to pay for any such injurydamages, loss and the reasonable costs, expense and attorney's fees of any claims for damages. In case any action or damage or proceeding be brought against Owner by reason of any such claim, Tenant, upon notice from Owner, shall resist and defend such action or any proceedings brought thereon or the defense thereof includingproceeding by counsel chosen by Tenant, without limitation, court costs and reasonable attorneys’ feeswho shall be satisfactory to Owner. If Tenant or anyone claiming under Tenant or the whole or any part its counsel shall keep Owner fully apprised at all times of the property status of Tenant such defense. Counsel for Tenant's insurer shall be injured, lost or damaged by theft, fire, water or steam or in any other way or manner whether similar or dissimilar deemed satisfactory to the foregoing, no part of said injury, loss or damage is to be borne by the Landlord or its agents unless caused by the negligence of Landlord. Tenant agrees that Landlord shall not be liable to Tenant or anyone claiming under Tenant for any injury, loss, or damage caused by or resulting from the act, omission, default or negligence of any persons occupying adjoining premises or any other part of the Building or Project. In case the Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, the Tenant shall protect, indemnify, and defend with counsel reasonably acceptable to Landlord, and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by Landlord in connection with such litigation. Landlord agrees to give Tenant timely notice of any claims for which indemnity will be sought. The obligations set forth in this paragraph shall survive the expiration or sooner termination of the LeaseOwner.

Tenant’s Indemnity. Tenant will agrees to indemnify, defend and save hold ----------------- harmless Landlord, its property manager and their respective agents and employees, agents and contractors, harmless from and against any and all claims, demands, actions, liabilities, damages, liability costs and expenses in connection with the (including reasonable attorneys' fees), for injuries to any third parties and damage to or theft or misappropriation or loss of life, personal injury, property damage, or loss or damage of whatever nature, to third parties caused by occurring in or resulting from, about the Building and arising from any breach or claimed default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to have been caused by be performed under this Lease or due to have resulted from, wholly any other negligent act or in part, any act, omission or negligence wilful misconduct of Tenant or anyone claiming under Tenant (includingTenant, but without limitation, Tenant’s its subtenants, concessionairesassignees, agentsinvitees, employees, servants contractors and contractors)agents. This indemnity, defense and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in connection with any such injury, loss or damage or any such claim, or any proceedings brought thereon or the defense thereof including, without limitation, court costs and reasonable attorneys’ fees. If Tenant or anyone claiming under Tenant or the whole or any part of the property of Tenant shall be injured, lost or damaged by theft, fire, water or steam or in any other way or manner whether similar or dissimilar to Without limiting the foregoing, no part of said injury, loss or damage is to be borne by the Landlord or its agents unless caused by the negligence of Landlord. Tenant agrees that Landlord shall not be liable to Tenant or anyone claiming under Tenant for any injury, loss, or damage caused by or resulting from the act, omission, default or negligence of any persons occupying adjoining premises or any other part of the Building or Project. In case the Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, the Tenant shall protect, indemnify, and defend with counsel reasonably acceptable to Landlord, and hold Landlord harmless from any claims, liabilities, damages, costs and shall pay all costsexpenses arising out of the use or storage of hazardous or toxic materials in the Building by Tenant. If any such proceeding is filed against Landlord or any such indemnified party, expenses and reasonable attorneys’ fees incurred or paid by Landlord in connection with such litigation. Landlord Tenant agrees to give defend Landlord or such party in such proceeding at Tenant's sole cost by legal counsel reasonably satisfactory to Landlord, if requested by Landlord. Notwithstanding anything contained in this Section 11B to the contrary, Tenant timely notice shall not be required to indemnify Landlord, its property manager or their respective agents and employees from or in respect of any claims for claim or matter which indemnity will be sought. The obligations set forth in this paragraph shall survive results from the expiration negligence or sooner termination wilful misconduct of the LeaseLandlord, its property manager or their respective agents and employees.