Common use of Tenant’s Indemnity Clause in Contracts

Tenant’s Indemnity. (a) Except to the extent that such claims arise from the negligent acts or omissions of Landlord or its agents, contractors or employees, Tenant agrees to indemnify and save harmless Landlord, its members, agents, contractors and employees from and against all claims, loss, cost, damage or expense asserted by or on behalf of any person, firm, corporation or public authority of whatever nature arising: (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (ii) from any accident, injury or damage occurring elsewhere (other than on the Premises) in or about the Building or the lots on which the Building is located to the extent that such accident, damage or injury results from an act or omission on the part of Tenant or Tenant's agents, employees, invitees or contractors; or (iii) in connection with the conduct or management of the Premises or of any business therein, or any thing or work whatsoever done, or any condition created (other than by Landlord) in or about the Premises; and, in any case, occurring after the date of this Lease until the end of the Lease Term and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel of the insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to Landlord, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels. (b) Landlord agrees to indemnify and save harmless Tenant from and against all claims, loss, cost, damage or expense of whatever nature arising from any accident, injury or damage, to the extent that such accident, damage or injury results from an act or omission on the part of Landlord or Landlord's agents, employees, invitees or contractors, occurring after the date of this Lease until the end of the Lease Term. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel of the insurers (if such claim is covered by insurance) or by counsel reasonably satisfactory to Tenant, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels.

Appears in 2 contracts

Samples: Lease Agreement (Firepond Inc), Lease Agreement (Firepond Inc)

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Tenant’s Indemnity. (a) Except to the extent that such claims arise arising from the negligent acts negligence or omissions willful misconduct of Landlord or its agents, contractors agents or employees, Tenant agrees to indemnify and save harmless shall defend with counsel first approved by Landlord, its save harmless, and indemnify Landlord and Landlord’s managing agent, beneficiaries, partners, members, shareholders, subsidiaries, officers, directors, agents, contractors trustees and employees (“Landlord Parties”) from and against all claims, losslosses, cost, damage damages, any liability or expense asserted by or on behalf of any person, firm, corporation or public authority of whatever nature arising: arising from injury, loss, accident or damage to any person or property, arising from or claimed to have arisen (ia) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (iib) from any accidentthe willful act, injury negligence or damage occurring elsewhere (other than on the Premises) in or about the Building or the lots on which the Building is located to the extent that such accident, damage or injury results from an act or omission on the part misconduct of Tenant or Tenant's ’s agents, employees, invitees contractors, licensees or contractors; or invitees, (iiic) in connection with the conduct or management Tenant’s use of the Premises or of any business thereinconducted therein or any work done or condition created in the Premises by Tenant, its agent, employees or contractors, or any thing anyone claiming by, through or work whatsoever doneunder Tenant, or any condition created (other than by Landlordd) in or about the Premises; failure of Tenant to perform and discharge its covenants and obligations under this Lease and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease until the end of the Lease Term and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof by counsel of the insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to Landlordthereof, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels. (b) Landlord agrees to indemnify and save harmless Tenant from and against all claims, loss, cost, damage or expense of whatever nature arising from any accident, injury or damage, to the extent that such accident, damage or injury results from an act or omission on the part of Landlord or Landlord's agents, employees, invitees or contractors, occurring after the date . The provisions of this Lease until Section 10.1 shall survive the end expiration or earlier termination of the Lease Term. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel of the insurers (if such claim is covered by insurance) or by counsel reasonably satisfactory to Tenant, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levelsthis Lease.

Appears in 2 contracts

Samples: Lease Agreement (Arcellx, Inc.), Lease Agreement (Arcellx, Inc.)

Tenant’s Indemnity. (a) Except to the extent that such claims arise arising from the negligent acts gross negligence or omissions willful misconduct of Landlord or its agents, contractors agents or employees, Tenant agrees to indemnify and save harmless Landlord and Landlord’s partners, its members, agentsshareholders, officers, directors, managers, employees, agents and contractors and employees any Holder from and against all claims, losslosses, cost, damage damages, liability or expense asserted by or on behalf of any person, firm, corporation or public authority expenses of whatever nature arisingarising from: (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (ii) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring elsewhere (other than outside of the Premises, but on the Premises) in or about the Building or the lots on which the Building is located to the extent that Property, where such accident, damage or injury results from an act any negligence or omission willful misconduct on the part of Tenant or Tenant's ’s agents, employees, contractors, invitees or contractorssublessees; or (iii) in connection with the conduct use or management occupancy of the Premises or of any business therein, conducted therein or any thing anything or work whatsoever done, done or any condition created (other than by Landlord) in or about the Premises; , and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease until the end of the Lease Term and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof by counsel of the insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to Landlordthereof, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels. (b) Landlord agrees to indemnify and save harmless Tenant from and against all claims, loss, cost, damage or expense of whatever nature arising from any accident, injury or damage, to the extent that such accident, damage or injury results from an act or omission on the part of Landlord or Landlord's agents, employees, invitees or contractors, occurring after the date . The provisions of this Lease until Section 10.1 shall survive the end expiration or earlier termination of the Lease Term. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel of the insurers (if such claim is covered by insurance) or by counsel reasonably satisfactory to Tenant, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levelsthis Lease.

Appears in 2 contracts

Samples: Lease Agreement (Repligen Corp), Lease Agreement (Repligen Corp)

Tenant’s Indemnity. (a) Except to the extent that such claims arise if arising in whole or in part from the negligent acts negligence or omissions willful misconduct or breach hereof on the part of Landlord or its agents, contractors or employees, Tenant agrees to indemnify and save harmless Landlord and Landlord’s partners, its members, agentsshareholders, officers, directors, managers, employees, agents and contractors and employees any Holder from and against all claims, losslosses, cost, damage damages, liability or expense asserted by or on behalf of any person, firm, corporation or public authority expenses of whatever nature to the extent arising: (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; Premises (ii) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring elsewhere (other than outside of the Premises but on the Premises) in or about the Building or the lots on which the Building is located to the extent that Property, where such accident, damage or injury results or is claimed to have resulted from an act any negligence or omission willful misconduct or breach hereof on the part of Tenant or Tenant's ’s agents, employees, invitees contractors or contractorssublessees; or (iii) in connection with the conduct use or management occupancy of the Premises or of any business therein, conducted therein or any thing or work whatsoever done, done or any condition created (other than by or on behalf of Landlord) in or about the Premises; , and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease until the end of the Lease Term and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof by counsel of the insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to Landlordthereof, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels. (b) Landlord agrees to indemnify and save harmless Tenant from and against all claims, loss, cost, damage or expense of whatever nature arising from any accident, injury or damage, to the extent that such accident, damage or injury results from an act or omission on the part of Landlord or Landlord's agents, employees, invitees or contractors, occurring after the date . The provisions of this Lease until Section 10.1 shall survive the end expiration or earlier termination of the Lease Term. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel of the insurers (if such claim is covered by insurance) or by counsel reasonably satisfactory to Tenant, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levelsthis Lease.

Appears in 2 contracts

Samples: Lease (Cytrx Corp), Lease (Rxi Pharmaceuticals Corp)

Tenant’s Indemnity. (a) Except TO the maximum extent this agreement may be made effective according to the extent that such claims arise from the negligent acts or omissions of Landlord or its agentslaw, contractors or employees, Tenant Xxxxxx agrees to indemnify and save harmless Landlord, its members, agents, contractors and employees Landlord from and against all claims, loss, costcosts, penalties and liability damage or expense asserted by or on behalf of any person, firm, corporation or public authority claims of whatever nature arising: (i) arising from any act, omission or negligence of Tenant or Tenant's contractors, licensees, agents, servants or employees or arising from any death, accident, injury or damage whatsoever caused to any person, or to the property of any person, occurring in or about the Premises; (ii) from any accident, injury or damage occurring elsewhere (other than on the Premises) in or about the Building or the lots on which the Building is located to the extent that such accident, damage or injury results from an act or omission on the part of Tenant or Tenant's agents, employees, invitees or contractors; or (iii) in connection with the conduct or management of the Premises or of any business therein, or any thing or work whatsoever done, or any condition created (other than by Landlord) in or about the Premises; and, in any case, occurring after the date of this Lease until the end of the Term of this Lease Term and thereafter thereafter, so long as Tenant is in occupancy of any part of the Premises, in or about the Premises; or arising from any death, accident, injury or damage occurring outside of the Premises but on the Property or the Office Park, where such accident, damage or injury results or is claimed to have resulted from any act or omission on the part of Tenant or Tenant's agents or employees or independent contractors or invitees or suppliers. This indemnity shall, to the maximum extent this agreement may be made effective according to law, also extend to all loss, costs, penalties, damage and claims of whatever nature asserted against Landlord arising out of the use or occupancy of, passage or travel over or upon, the Property or the Office Park by Tenant or by any person claiming by, through or under Tenant (including, without limitation, all employees, agents, contractors and customers of Tenant), or arising out of any delivery to or service supplied to the Premises, or on account of or based on anything whatsoever done on the Premises, except if the same was caused by the negligence, fault or misconduct of Landlord, its agents, servants or employees. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof with counsel approved by counsel of the insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to Landlord, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels. (b) Landlord agrees to indemnify and save harmless Tenant from and against all claims, loss, cost, damage or expense of whatever nature arising from any accident, injury or damage, to the extent that such accident, damage or injury results from an act or omission on the part of Landlord or Landlord's agents, employees, invitees or contractors, occurring after the date of this Lease until the end of the Lease Term. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel of the insurers (if such claim is covered by insurance) or by counsel reasonably satisfactory to Tenant, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels.

Appears in 1 contract

Samples: Standard Office Lease (Physicians Quality Care Inc)

Tenant’s Indemnity. (a) Except to the extent that such claims arise arising from the negligent acts gross ------------------ negligence or omissions willful misconduct of Landlord or its agents, contractors or employeesLandlord's Agents, Tenant agrees to indemnify and save harmless Landlord and Landlord, its members, agents, contractors and employees 's Agents from and against all claims, losslosses, costcosts, damage damages, liabilities or expense asserted by or on behalf of any person, firm, corporation or public authority expenses of whatever nature nature, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels, arising: : (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about within the Premises; (ii) from any accident, injury or damage whatsoever to any person, or to property of any person, occurring elsewhere (other than on beyond the Premises) in or about boundaries of the Building or the lots on which the Building is located to the extent that Land, where such accident, damage or injury results or is claimed to have resulted from an any act or omission negligence on the part of Tenant or Tenant's agents, employeesAgents, invitees or independent contractors; or (iii) in connection with from any accident, injury or damage whatsoever to any person, or to property of any person, occurring within the conduct boundaries of the Land but outside of the Premises, where such accident, damage or management injury results or is claimed to have resulted from any act or negligence on the part of Tenant or Tenant's Agents, invitees or independent contractors; (iv) from the use or occupancy of the Premises or of any business conducted therein, or any thing or work whatsoever done, or any condition created (other than by Landlord) in or about the Premises; and, in any case, occurring (A) after the date Term Commencement Date until the expiration or earlier termination of the Term of this Lease until the end of the Lease Term Lease, and (B) thereafter so long as Tenant is in occupancy of all or any part of the Premises; or (v) from any default or breach by Tenant or Tenant's Agents under the terms or covenants of this Lease. This indemnity and hold harmless agreement The provisions of this Section 11.1 shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in survive the expiration or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel earlier termination of the insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to LandlordLease, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels. (b) Landlord agrees to indemnify and save harmless Tenant from and against all claims, loss, cost, damage or expense of whatever nature arising from any accident, injury or damage, to the extent that such accident, damage or injury results from an act or omission on the part of Landlord or Landlord's agents, employees, invitees or contractors, occurring after the date of this Lease until the end regardless of the Lease Term. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in cause of such expiration or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel of the insurers (if such claim is covered by insurance) or by counsel reasonably satisfactory to Tenant, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levelsearlier termination.

Appears in 1 contract

Samples: Lease Agreement (Sycamore Networks Inc)

Tenant’s Indemnity. (a) Except to the extent that such claims arise arising from the negligent acts gross negligence or omissions willful misconduct of Landlord or its agents, contractors agents or employees, Tenant agrees to indemnify and save harmless shall defend with counsel first approved by Landlord, its save harmless, and indemnify Landlord and Landlord’s managing agent, beneficiaries, partners, members, shareholders, subsidiaries, officers, directors, agents, contractors trustees and employees (“Landlord Parties”) from and against all claims, losslosses, cost, damage damages, any liability or expense asserted by or on behalf of any person, firm, corporation or public authority of whatever nature arising: arising from injury, loss, accident or damage to any person or property, arising from or claimed to have arisen (ia) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (iib) from any accidentthe omission, injury fault, willful act, negligence or damage occurring elsewhere (other than on the Premises) misconduct of Tenant or Tenant’s agents, employees, contractors, licensees or invitees in or about the Building Premises or the lots on which the Building is located to the extent that such accidentProperty, damage or injury results from an act or omission on the part of Tenant or Tenant's agents, employees, invitees or contractors; or (iiic) in connection with the conduct or management Tenant’s use of the Premises or of any business thereinconducted therein or any work done or condition created in the Premises by Tenant, its agent, employees or contractors, or any thing anyone claiming by, through or work whatsoever doneunder Tenant, or any condition created (other than by Landlordd) in or about the Premises; failure of Tenant to perform and discharge its covenants and obligations under this Lease and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease until the end of the Lease Term and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof by counsel of the insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to Landlordthereof, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels. (b) Landlord agrees to indemnify and save harmless Tenant from and against all claims, loss, cost, damage or expense of whatever nature arising from any accident, injury or damage, to the extent that such accident, damage or injury results from an act or omission on the part of Landlord or Landlord's agents, employees, invitees or contractors, occurring after the date . The provisions of this Lease until Section 10.1 shall survive the end expiration or earlier termination of the Lease Term. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel of the insurers (if such claim is covered by insurance) or by counsel reasonably satisfactory to Tenant, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levelsthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Howard Bancorp Inc)

Tenant’s Indemnity. (a) Except to the extent that such claims arise from ------------------ the negligent or willful and wrongful acts or omissions of Landlord or its agents, contractors agents or employees, Tenant agrees to indemnify and save harmless Landlord, its members, agents, contractors and employees Landlord from and against all claims, loss, cost, damage or expense asserted by or on behalf of any person, firm, corporation or public authority of whatever nature arising: (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (ii) from any accident, injury or damage occurring elsewhere (other than outside of the Premises but on the Premises) in or about the Building or the lots on which the Building is located to the extent that 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, employees, invitees agents or employees or independent contractors; or (iii) in connection with the conduct or management of the Premises or of any business therein, or any thing or work whatsoever done, or any condition created (other than by Landlord) in or about the Premises; and, in any case, occurring after the date of this Lease until the end of the Term of this Lease Term and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel of the insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to Landlordthereof, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels. (b) Landlord agrees to indemnify and save harmless Tenant from and against all claims, loss, cost, damage or expense of whatever nature arising from any accident, injury or damage, to the extent that such accident, damage or injury results from an act or omission on the part of Landlord or Landlord's agents, employees, invitees agents or contractors, employees and occurring after the date of this Lease until the end of the Lease TermTerm of this Lease. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel of the insurers (if such claim is covered by insurance) or by counsel reasonably satisfactory to Tenantthereof, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels.

Appears in 1 contract

Samples: Lease (Peritus Software Services Inc)

Tenant’s Indemnity. (a) Except to the extent that such claims arise arising from the negligent acts negligence or omissions willful misconduct of Landlord or its agents, contractors or employeesLandlord’s Agents, Tenant agrees to indemnify and save harmless Landlord and Landlord, its members, agents, contractors and employees ’s Agents from and against all claims, losslosses, cost, damage damages, liabilities or expense asserted by or on behalf of any person, firm, corporation or public authority expenses of whatever nature to the extent arising: (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the PremisesPremises (excluding reasonable wear and tear and damage by casualty or condemnation); (ii) from any accident, injury or damage whatsoever to any person, or to property of any person, occurring elsewhere (other than outside of the Premises but on the Premises) in or about the Building or the lots on which the Building is located to the extent that Property, where such accident, damage or injury results or is claimed to have resulted from an any act or omission on the part of Tenant or Tenant's agents, employees’s Agents, invitees or independent contractors; or (iii) in connection with from the conduct use or management occupancy of the Premises or of any business conducted therein, or any thing or work whatsoever done, or any condition created (other than by Landlord) in or about the Premises; and, in any case, occurring (A) after the date Effective Date until the Expiration Date or earlier termination of the Term of this Lease until the end of the Lease Term Lease, and (B) thereafter so long as Tenant is in occupancy of all or any part of the Premises; or (iv) from any default or breach by Tenant or Tenant’s Agents of the terms or covenants of this Lease. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof by counsel of the insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to Landlordthereof, including, without limitation, reasonable attorneys' fees Attorneys’ Fees and costs at both the trial and appellate levels. (b) Landlord agrees to indemnify and save harmless Tenant from and against all claims, loss, cost, damage or expense of whatever nature arising from any accident, injury or damage, to the extent that such accident, damage or injury results from an act or omission on the part of Landlord or Landlord's agents, employees, invitees or contractors, occurring after the date . The provisions of this Lease until Section 13.1 shall survive the end expiration or earlier termination of the Lease Term. This indemnity and hold harmless agreement shall include indemnity against all lossesLease, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel regardless of the insurers (if cause of such claim is covered by insurance) expiration or by counsel reasonably satisfactory to Tenant, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levelsearlier termination.

Appears in 1 contract

Samples: Lease Agreement (Replimune Group, Inc.)

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Tenant’s Indemnity. (a) Except to the extent that such claims arise arising from the negligent acts gross negligence or omissions willful misconduct of Landlord or its agents, contractors agents or employees, Tenant agrees to indemnify and save harmless shall defend with counsel first approved by Landlord, its save harmless, and indemnify Landlord and Landlord’s managing agent, beneficiaries, partners, members, shareholders, subsidiaries, officers, directors, agents, contractors trustees and employees (“Landlord Parties”) from and against all claims, losslosses, cost, damage damages, any liability or expense asserted by or on behalf of any person, firm, corporation or public authority of whatever nature arising: arising from injury, loss, accident or damage to any person or property, arising from or claimed to have arisen (ia) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (iib) from any accidentthe omission, injury fault, willful act, negligence or damage occurring elsewhere (other than on the Premises) in or about the Building or the lots on which the Building is located to the extent that such accident, damage or injury results from an act or omission on the part misconduct of Tenant or Tenant's ’s agents, employees, invitees contractors, licensees or contractors; or invitees, (iiic) in connection with the conduct or management Tenant’s use of the Premises or of any business thereinconducted therein or any work done or condition created in the Premises by Tenant, its agent, employees or contractors, or any thing anyone claiming by, through or work whatsoever doneunder Tenant, or any condition created (other than by Landlordd) in or about the Premises; failure of Tenant to perform and discharge its covenants and obligations under this Lease and, in any case, occurring after the Commencement Date (or such earlier date as of which Tenant takes possession of the Premises) until the expiration of the Term of this Lease until the end of the Lease Term and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof by counsel of the insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to Landlordthereof, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels. (b) Landlord agrees to indemnify and save harmless Tenant from and against all claims, loss, cost, damage or expense of whatever nature arising from any accident, injury or damage, to the extent that such accident, damage or injury results from an act or omission on the part of Landlord or Landlord's agents, employees, invitees or contractors, occurring after the date . The provisions of this Lease until Section 10.1 shall survive the end expiration or earlier termination of the Lease Term. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel of the insurers (if such claim is covered by insurance) or by counsel reasonably satisfactory to Tenant, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels.this Lease,

Appears in 1 contract

Samples: Lease Agreement (Arsanis, Inc.)

Tenant’s Indemnity. (a1) Except to the extent that such claims arise from the negligent acts or omissions of Landlord or its agents, contractors or employees, Tenant hereby agrees to indemnify indemnify, protect, save and save hold harmless Landlord, its members, agents, contractors servants, employees and employees representatives from and against any and all liabilities, obligations, claims, damages, penalties, loss, costcost and expense (including reasonable attorneys' fees) imposed upon, damage or expense asserted incurred by or on behalf asserted against Landlord arising out of any person, firm, corporation or public authority of whatever nature arising: connected with (i) from the use, alteration or occupancy of the Leased Premises by Tenant or by its agents, servants, employees, representatives, contractors, licensees, invitees, or guests, which use or occupancy results in any accidentinjury, injury sickness or damage death whatsoever to any person, person or loss or damage to the property of any person, occurring in property; or about the Premises; (ii) from any accident, injury or damage occurring elsewhere (other than on the Premises) in or about the Building or the lots on which the Building is located to the extent that such accident, damage or injury results from an act or omission failure on the part of Tenant to perform or Tenant's agentscomply with any of the terms of this Lease, employees, invitees or contractors; or (iii) any act, omissions or negligence of Tenant or any Tenant Related Party (as hereafter defined), etc. In the event that any such claim is alleged against Landlord, its successors or assigns, by anyone arising out of the use or occupancy of the Leased Premises by Tenant or by its agents, servants, employees, representatives, contractors, licensees, invitees or guests, it is expressly understood and agreed that Tenant shall take over the defense of each and every claim promptly and pay all attorneys' fees, verdicts, judgments, settlement payments and all other costs and expenses whatsoever incurred in connection with the conduct defense of all such claims, without exception, it being expressly understood that Tenant shall be and remain fully responsible for all such claims and will hold the aforementioned indemnitees completely harmless from and against any cost or management of the Premises or of any business therein, or any thing or work expense whatsoever done, or any condition created (other than by Landlord) in or about the Premises; and, in any case, occurring after the date of this Lease until the end of the Lease Term and thereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any therewith. Tenant's defense of such claim claim, action or proceeding brought thereon, and the defense thereof by counsel of the insurer (if such claim is covered by insurance) or otherwise shall be by counsel reasonably satisfactory to Landlord, including. (2) If Landlord, without limitationfault on its part, should be made a party to any litigation instituted by or against Tenant or by or against any person holding by or through or under Tenant or using the Leased Premises by license of Tenant, or for the foreclosure of any lien of any kind, or otherwise arising out of or resulting from any act or transaction or omission of Tenant, or of any such person, Tenant shall immediately pay, or shall immediately reimburse to Landlord if Landlord has paid, the amount of any judgment rendered against Landlord or the Leased Premises or any part thereof, and all costs and expenses, including reasonable attorneys' fees and costs at both the trial and appellate levels. (b) fees, paid or incurred by Landlord agrees to indemnify and save harmless Tenant from and against all claims, loss, cost, damage or expense of whatever nature arising from any accident, injury or damage, to the extent that such accident, damage or injury results from an act or omission on the part of Landlord or Landlord's agents, employees, invitees or contractors, occurring after the date of this Lease until the end of the Lease Term. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel of the insurers (if such claim is covered by insurance) or by counsel reasonably satisfactory to Tenant, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levelslitigation.

Appears in 1 contract

Samples: Lease (Baldwin Piano & Organ Co /De/)

Tenant’s Indemnity. (a) Except to the extent that such claims arise arising from the negligent acts gross negligence or omissions willful misconduct of Landlord or its agents, contractors or employeesLandlord’s Agents, Tenant agrees to indemnify and save harmless Landlord and Landlord, its members, agents, contractors and employees ’s Agents from and against all claims, losslosses, cost, damage damages, liabilities or expense asserted by or on behalf of any person, firm, corporation or public authority expenses of whatever nature arising: (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (ii) from any accident, injury or damage whatsoever to any person, or to property of any person, occurring elsewhere (other than outside of the Premises but on the Premises) in or about the Building or the lots on which the Building is located to the extent that Property, where such accident, damage or injury results or is claimed to have resulted from an any act or omission on the part of Tenant or Tenant's agents, employees’s Agents, invitees or independent contractors; or (iii) in connection with from the conduct use or management occupancy of the Premises or of any business conducted therein, or any thing or work whatsoever done, or any condition created (other than by Landlord) in or about the Premises; and, in any case, occurring after the date Term Commencement Date until the expiration or earlier termination of the Term of this Lease until the end of the Lease Term and thereafter so long as Tenant is in occupancy of all or any part of the Premises; or (iv) from any default or breach by Tenant or Tenant’s Agents under the terms or covenants of this Lease. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof by counsel of the insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to Landlordthereof, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels. (b) Landlord agrees to indemnify and save harmless Tenant from and against all claims, loss, cost, damage or expense of whatever nature arising from any accident, injury or damage, to the extent that such accident, damage or injury results from an act or omission on the part of Landlord or Landlord's agents, employees, invitees or contractors, occurring after the date . The provisions of this Lease until Section shall survive the end expiration or earlier termination of the Lease Term. This indemnity and hold harmless agreement shall include indemnity against all lossesLease, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel regardless of the insurers (if cause of such claim is covered by insurance) expiration or by counsel reasonably satisfactory to Tenant, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levelsearlier termination.

Appears in 1 contract

Samples: Lease Agreement (Tpi Composites, Inc)

Tenant’s Indemnity. (a) Except to the extent that such claims arise arising from the negligent acts gross negligence or omissions willful misconduct of Landlord or its agents, contractors or employeesLandlord's Agents, Tenant agrees to indemnify and save harmless Landlord and Landlord, its members, agents, contractors and employees 's Agents from and against all claims, losslosses, cost, damage damages, liabilities or expense asserted by or on behalf of any person, firm, corporation or public authority expenses of whatever nature arising: (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (ii) from any accident, injury or damage whatsoever to any person, or to property of any person, occurring elsewhere (other than outside of the Premises but on the Premises) in or about the Building or the lots on which the Building is located to the extent that Property, where such accident, damage or injury results or is claimed to have resulted from an any act or omission on the part of Tenant or Tenant's agents, employeesAgents, invitees or independent contractors; or (iii) in connection with from the conduct use or management occupancy of the Premises or of any business conducted therein, or any thing or work whatsoever done, or any condition created (other than by Landlord) in or about the Premises; and, in any case, occurring after the date Term Commencement Date until the expiration or earlier termination of the Term of this Lease until the end of the Lease Term and thereafter so long as Tenant is in occupancy of all or any part of the Premises; or (iv) from any default or breach by Tenant or Tenant's Agents under the terms or covenants of this Lease. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof by counsel of the insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to Landlordthereof, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levels. (b) Landlord agrees to indemnify and save harmless Tenant from and against all claims, loss, cost, damage or expense of whatever nature arising from any accident, injury or damage, to the extent that such accident, damage or injury results from an act or omission on the part of Landlord or Landlord's agents, employees, invitees or contractors, occurring after the date . The provisions of this Lease until Section shall survive the end expiration or earlier termination of the Lease Term. This indemnity and hold harmless agreement shall include indemnity against all lossesLease, costs, damages, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel regardless of the insurers (if cause of such claim is covered by insurance) expiration or by counsel reasonably satisfactory to Tenant, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levelsearlier termination.

Appears in 1 contract

Samples: Lease Agreement (Beacon Power Corp)

Tenant’s Indemnity. (a) Except to the extent that such claims arise arising from the negligent acts gross negligence or omissions willful misconduct of Landlord or its agents, contractors or employeesLandlord’s Agents, Tenant agrees to indemnify and save harmless Landlord and Landlord, its members, agents, contractors and employees ’s Agents from and against all claims, losslosses, cost, damage damages, liabilities or expense asserted by or on behalf of any person, firm, corporation or public authority expenses of whatever nature arising: (i) from any accident, injury or damage whatsoever to any person, or to the property of any person, occurring in or about the Premises; (ii) from any accident, injury or damage whatsoever to any person, or to property of any person, occurring elsewhere (other than outside of the Premises but on the Premises) in or about the Building or the lots on which the Building is located to the extent that Property, where such accident, damage or injury results or is claimed to have resulted from an any act or omission on the part of Tenant or Tenant's agents, employees’s Agents, invitees or independent contractors; or (iii) in connection with from the conduct use or management occupancy of the Premises or of any business conducted therein, or any thing or work whatsoever done, or any condition created (other than by Landlord) in or about the Premises; and, in any case, occurring (A) after the date Term Commencement Date until the Expiration Date or earlier termination of the Term of this Lease until the end of the Lease Term Lease, and (B) thereafter so long as Tenant is in occupancy of all or any part of the Premises; or (iv) from any default or breach by Tenant or Tenant’s Agents under the terms or covenants of this Lease. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof by counsel of the insurer (if such claim is covered by insurance) or otherwise by counsel reasonably satisfactory to Landlordthereof, including, without limitation, reasonable attorneys' fees Attorneys’ Fees and costs at both the trial and appellate levels. (b) Landlord agrees to indemnify and save harmless Tenant from and against all claims, loss, cost, damage or expense of whatever nature arising from any accident, injury or damage, to the extent that such accident, damage or injury results from an act or omission on the part of Landlord or Landlord's agents, employees, invitees or contractors, occurring after the date . The provisions of this Lease until Section 13.1 shall survive the end expiration or earlier termination of this Lease, regardless of the Lease Term. This indemnity and hold harmless agreement shall include indemnity against all losses, costs, damages, expenses and liabilities incurred in cause of such expiration or in connection with any such claim or proceeding brought thereon, and the defense thereof by counsel of the insurers (if such claim is covered by insurance) or by counsel reasonably satisfactory to Tenant, including, without limitation, reasonable attorneys' fees and costs at both the trial and appellate levelsearlier termination.

Appears in 1 contract

Samples: Lease Agreement (Caliper Life Sciences Inc)

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