Common use of Waiver of Claim; Indemnification Clause in Contracts

Waiver of Claim; Indemnification. Without limiting any other provisions hereof, but subject to the provisions of Section I(c) hereof, Tenant agrees to defend, protect, indemnify and save Landlord and its partners, affiliates, officers, agents, servants and employees and Landlord's management, leasing and development agents and Landlord's mortgagee(s) from time to time from and against all liability to third parties arising out of the use of the Premises by, or the acts or omissions of, Tenant or its servants, agents, employees, contractors, suppliers, workers or invitees. To the extent not prohibited by law and subject to the waiver of subrogation contained in Section I(c), Landlord and its partners, affiliates, officers, agents, servants and employees shall not be liable for any damage either to person, property or business resulting from the loss of the use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereto becoming out of repair, or due to the happening of any accident or event in or about the Building, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person, unless and then only to the extent caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and except as provided above, shall apply without distinction as to the person whose act or neglect was responsible for the damage and shall apply whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, recovering and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. The provisions of this Rider shall survive the expiration or earlier termination of the Lease, and shall not derogate from the abatement and termination rights set forth in Section 6.11.

Appears in 4 contracts

Samples: Agreement (Dayton Superior Corp), Lease (Dayton Superior Corp), Lease (Dayton Superior Corp)

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Waiver of Claim; Indemnification. Without limiting any other provisions hereofLessee waives and releases all claims -------------------------------- against Lessor, but subject to the provisions of Section I(c) hereof, Tenant agrees to defend, protect, indemnify and save Landlord and its partners, affiliates, officers, agents, servants and employees and Landlord's management, leasing and development agents and Landlord's mortgagee(s) from time to time from and against all liability to third parties arising out of the use of the Premises by, or the acts or omissions of, Tenant or its servants, agents, employees, contractorsand servants, suppliersin respect of, workers and they shall not be liable for, injury to person or damage to property sustained by Lessee or by any occupant of the Leased Premises, the Building, or the Center, or any other person occurring in or about the Building/Center , or the Leased Premises resulting directly, or indirectly, from any existing or future condition, defect, matter or thing in the Leased Premises, or the Building or any part of it, or from equipment or appurtenance therein, or from accident, or from any occurrence, act, negligence or omission of any lessee or occupant of the Building, or of any other person. This paragraph shall apply also to damage caused as aforesaid or by flooding, sprinkling devices, air conditioning apparatus, water, frost, steam, excessive heat or cold, falling objects, broken glass, sewage, gas, odors or noise, or the bursting or leaking of pipes or plumbing fixtures and shall apply equally whether any such damage results from the act or circumstance, whether of a like or wholly different nature. If any such damage to the Leased Premises or to the Building or any equipment or appurtenance therein, or to Lessee thereof, results from any act or omission or negligence of Lessee, its agents, employees or invitees. To the extent not prohibited , Lessor, at Lessor's option, may repair such damage and Lessee shall, within ten (10) days following demand by law Lessor, reimburse Lessor forthwith for all cost of such repairs and subject damages both to the waiver Building and to the lessees or occupants thereof, in excess of subrogation contained the amount, if any, paid to Lessor under insurance covering such damages. All property in Section I(c)the Building or in the Leased Premises belonging to Lessee, Landlord and its partners, affiliates, officers, agents, servants employees or invitees, or to any occupant of the Leased Premises, shall be there at the risk of Lessee or other person only, and employees Lessor shall not be liable for any damage either to personthereto or theft, property or business resulting from the loss of the use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereto becoming out of repairmisappropriation, or due loss thereof. Lessee agrees to hold Lessor harmless and to indemnify it against claims and liability for injuries to all persons and for the happening of any accident or event in or about the Building, including the Premises, or damages due to any act or neglect omission of any tenant or occupant of the Building or of any other personLessee, unless and then only to the extent caused by the negligence or willful misconduct of Landlord or its agents, employees employees, guests, customers, clients and invitees. Lessee shall pay all loss or contractors. This provision shall apply particularlydamage occasioned by or growing out of the use and occupancy of the Leased Premises by Lessee, but not exclusivelyits agents, to damage caused by gasemployees, electricityguests, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures customers and windowsinvitees, and except as provided aboveLessee will indemnify, shall apply without distinction as to the person whose act or neglect was responsible for the damage and shall apply whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, recovering and holding areas, or freight elevators of the Building, shall be at the risk of Tenant onlyprotect, and that Landlord shall not be liable for save Lessor harmless from and against any loss or damage thereto liability thereof or theft thereof. The provisions of this Rider shall survive the expiration therefor and from and against any expense, cost and attorney's fees incurred in connection with any claim for such loss or earlier termination of the Leasedamage, including costs and shall not derogate from the abatement and termination rights set forth in Section 6.11attorney's fees on appeal.

Appears in 2 contracts

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

Waiver of Claim; Indemnification. Without limiting any other provisions hereof, but subject to the provisions of Section I(c) hereof, Tenant agrees to defend, protect, indemnify and save Landlord and its partners, members, affiliates, officers, agents, servants and employees and Landlord's ’s management, leasing and development agents and Landlord's ’s mortgagee(s) from time to time from and against all liability to third parties arising out of the use of the Premises by, or the acts or omissions of, of Tenant or its servants, agents, employees, contractors, suppliers, workers or invitees. To the extent not prohibited by law and subject to the waiver of subrogation contained in Section I(c), Landlord and its partners, members, affiliates, officers, agents, servants and employees shall not be liable for any damage either to person, property or business resulting from the loss of the use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereto becoming out of repair, or due to the happening of any accident or event in or about the Building, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person, unless and then only to the extent caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and except as provided above, shall apply without distinction as to the person whose act or neglect was responsible for the damage and shall apply whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, recovering and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and and, except as otherwise provided for in this Section 6.3, that Landlord shall not be liable for any loss or damage thereto or theft thereof. The provisions of this Rider Article VI shall survive the expiration or earlier termination of the this Lease, and shall not derogate from the abatement and termination rights set forth in Section 6.11.

Appears in 2 contracts

Samples: Work Letter Agreement (Olink Holding AB (Publ)), Work Letter Agreement (Olink Holding AB (Publ))

Waiver of Claim; Indemnification. (a) Without limiting any other provisions hereofof this Lease, but subject to the provisions of Section I(c7.1(d) hereof, Tenant agrees to defend, protect, indemnify and save Landlord and its partners, affiliates, members, officers, agents, servants and employees and Landlord's ’s management, leasing and development agents and Landlord's ’s mortgagee(s) from time to time from and against all liability to third parties arising out of the use of the Premises by(a) from any accident, injury or damage whatsoever to any person, or to the acts property of any person, occurring in or omissions ofabout the Premises; (b) from the omission, fault, willful act, negligence or other misconduct of Tenant or its servants, Tenant’s agents, employees, contractors, suppliers, workers licensees or invitees, (c) in connection with Tenant’s use of the Premises or any business conducted therein or any work done or condition created in the Premises by Tenant, its agent, employees or contractors, or anyone claiming by, through or under Tenant, or (d) the failure of Tenant to perform and discharge its covenants and obligations under this Lease. To the extent not prohibited by law Laws and subject to the waiver of subrogation contained in Section I(c)7.1(d) hereof, Landlord and its partners, affiliates, officers, agents, servants and employees shall not be liable for any damage either to person, property or business resulting from the loss of the use thereof sustained by Tenant or by other persons due to the Building Building, or any part parts thereof or any appurtenances thereto becoming out of repair, or due to the happening of any accident or event in or about the Building, Property (including the Premises), or due to any act or neglect of any tenant or occupant of the Building Property or of any other person, unless and then only to the extent caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and except as provided above, shall apply without distinction as to the person whose act or neglect negligence was responsible for the damage and shall apply whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon at the Property (including without limitation the Premises, or upon any loading docks, recovering and holding areas, or any freight elevators of the Building), shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. The provisions of Articles VII and X of this Rider Lease shall survive the expiration or earlier termination of the this Lease, and shall not derogate from the abatement and termination rights set forth in Section 6.11.

Appears in 1 contract

Samples: Lease (Biolife Solutions Inc)

Waiver of Claim; Indemnification. Without limiting any other provisions hereof(a) Lessee waives and releases all claims against Lessor, but subject to the provisions of Section I(c) hereof, Tenant agrees to defend, protect, indemnify and save Landlord and its partners, affiliates, officers, agents, servants and employees and Landlord's management, leasing and development agents and Landlord's mortgagee(s) from time to time from and against all liability to third parties arising out of the use of the Premises by, or the acts or omissions of, Tenant or its servants, agents, employees, contractorsand servants, suppliersin respect of, workers or invitees. To the extent not prohibited by law and subject to the waiver of subrogation contained in Section I(c), Landlord and its partners, affiliates, officers, agents, servants and employees they shall not be liable for any damage either to personfor, property or business resulting from the loss of the use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereto becoming out of repair, or due to the happening of any accident or event in or about the Building, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person, unless and then only except to the extent caused by the negligence or willful misconduct actions or omissions of Landlord Lessor, its agents, employees and servants, injury to person or damage to property sustained by Lessee or by any occupant of the Leased Premises, the Building, or the Center, or any other person occurring in or about the Building/Center, or the Leased Premises resulting directly, or indirectly, from any existing or future condition, defect, matter or thing in the Leased Premises, or the Building or any part of it, or from equipment or appurtenance therein, or from accident, or from any occurrence, act, negligence or omission of any lessee or occupant of the Building, or of any other person. This paragraph shall apply also to damage caused as aforesaid or by flooding, sprinkling devices, air conditioning apparatus, water, frost, steam, excessive heat or cold, falling objects, broken glass, sewage, gas, odors or noise, or the bursting or leaking of pipes or plumbing fixtures and shall apply equally whether any such damage results from the act or circumstance, whether of a like or wholly different nature, except to the extent caused by the negligence or willful actions or omissions of Lessor, its agents, employees and servants. If any such damage to the Leased Premises or to the Building or any equipment or appurtenance therein, or to Lessee thereof, results from any act or omission or negligence of Lessee, its agents, employees or contractors. This provision shall apply particularlyinvitees, but not exclusivelyLessor, to at Lessor’s option, may repair such damage caused and Lessee shall, within ten (10) days following demand by gasLessor, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking reimburse Lessor forthwith for all cost of pipes, faucets, sprinklers, plumbing fixtures such repairs and windows, and except as provided above, shall apply without distinction as damages both to the person whose act Building and to the lessees or neglect was responsible for occupants thereof, in excess of the damage and shall apply whether amount, if any, paid to Lessor under insurance covering such damages. All property in the damage was due Building or in the Leased Premises belonging to Lessee, its agents, employees or invitees, or to any occupant of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Leased Premises, or upon loading docks, recovering and holding areas, or freight elevators of the Building, shall be there at the risk of Tenant Lessee or other person only, and that Landlord Lessor shall not be liable for damage thereto or theft, misappropriation, or loss thereof except to the extent caused by the negligence or willful actions or omissions of Lessor, its agents, employees and servants. Lessee agrees to hold Lessor harmless and to indemnify it against claims and liability for injuries to all persons and for the damages solely due to any negligent act or omission of Lessee, its agents, employees, guests, customers, clients and invitees. Lessee shall pay all loss or damage occasioned by or growing out of the use and occupancy of the Leased Premises by Lessee, its agents, employees, guests, customers and invitees, and Lessee will indemnify, protect, and save Lessor harmless from and against any loss or liability thereof except to the extent caused by the negligence or willful actions or omissions of Lessor, its agents, employees and servants or therefore and from and against any expense, cost and attorney’s fees incurred in connection with any claim for such loss or damage, including costs and attorney’s fees on appeal. Lessor shall be liable for any loss, injury or damage thereto to any person or theft thereof. The provisions of this Rider shall survive property on or about the expiration Leased Premises or earlier termination other portions of the Leasebuilding caused by the negligence or willful acts or omissions of Lessor, its officers, agents, employees, servants, and shall not derogate Lessor hereby agrees to indemnify Lessee, Lessee’s agents and employees and hold them harmless from the abatement any loss, expense, claims or actions arising out of such damage or injury including, without limitations, costs and termination rights set forth in Section 6.11attorney fees.

Appears in 1 contract

Samples: Lease Agreement (Super Vision International Inc)

Waiver of Claim; Indemnification. Without limiting any other provisions hereof, but subject to the provisions of Section I(c) hereof, Tenant agrees to defend, protect, indemnify and save Landlord and its partners, members, affiliates, officers, agents, servants and employees and Landlord's ’s management, leasing and development agents and Landlord's ’s mortgagee(s) from time to time from and against all liability to third parties arising out of the use of the Premises by, or the acts or omissions of, of Tenant or its servants, agents, employees, contractors, suppliers, workers or invitees. To the extent not prohibited by law and subject to the waiver of subrogation contained in Section I(c), Landlord and its partners, members, affiliates, officers, agents, servants and employees shall not be liable for any damage either to person, property or business resulting from the loss of the use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereto becoming out of repair, or due to the happening of any accident or event in or about the Building, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person, unless and then only to the extent caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and except as provided above, shall apply without distinction as to the person whose act or neglect was responsible for the damage and shall apply whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, recovering and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereofthereof except to the extent caused by the gross negligence or willful misconduct of Landlord. The provisions of this Rider Article VI shall survive the expiration or earlier termination of the this Lease, and shall not derogate from the abatement and termination rights set forth in Section 6.11.

Appears in 1 contract

Samples: Lease (Catcher Holdings, Inc)

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Waiver of Claim; Indemnification. Without limiting any other provisions hereofTenant waives and releases all claims against Landlord, but subject to the provisions of Section I(c) hereof, Tenant agrees to defend, protect, indemnify and save Landlord and its partners, affiliates, officers, agents, servants and employees and Landlord's management, leasing and development agents and Landlord's mortgagee(s) from time to time from and against all liability to third parties arising out of the use of the Premises by, or the acts or omissions of, Tenant or its servants, agents, employees, contractorsand servants, suppliersin respect of, workers or invitees. To the extent not prohibited by law and subject to the waiver of subrogation contained in Section I(c), Landlord and its partners, affiliates, officers, agents, servants and employees they shall not be liable for any damage either to person, property or business resulting from the loss of the use thereof sustained by Tenant or by other persons due to any occupant of the Premises, occurring in or about the Building/Center, or the Premises resulting directly, or indirectly, from any existing or future condition, defect, matter or thing in the Premises, or the Building or any part thereof or any appurtenances thereto becoming out of repairit, or due to the happening of any accident from equipment or event in or about the Building, including the Premisesappurtenance therein, or due to from accident, or from any act occurrence, act, negligence or neglect omission of any tenant or occupant of the Building Building, or of any other person, unless and then only to the extent caused by the negligence or willful misconduct of Landlord or its agents, employees or contractorsspecifically excluding Landlord. This provision paragraph shall apply particularly, but not exclusively, also to damage caused as aforesaid or by gasflooding, electricitysprinkling devices, snowair conditioning apparatus, icewater, frost, steam, excessive heat or cold, falling objects, broken glass, sewage, sewer gas gas, odors or odorsnoise, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, pipes or plumbing fixtures and windows, and except as provided above, shall apply without distinction as equally whether any such damage results from the act or circumstance, whether of a like or wholly different nature. If any damage to the person whose Building results from any act or neglect was responsible omission or negligence of Tenant, its agents or employees, Tenant shall, within ten (10) days following demand by Landlord, reimburse Landlord forthwith for all cost of such repairs and damages to the damage and shall apply whether Building in excess of the damage was due amount, if any, paid to Landlord under insurance covering such damages. All property in the Building or in the Premises belonging to Tenant, its agents or employees, or to any occupant of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, recovering and holding areas, or freight elevators of the Building, shall be there at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft theft, misappropriation, or loss thereof. The provisions Tenant agrees to protect, defend, hold Landlord harmless and to indemnify it against claims and liability for injuries to all persons and for the damages due to any act or omission of this Rider shall survive Tenant, its agents and employees, guests, customers and invitees (but only while such are inside the expiration or earlier termination of the LeasePremises), and shall not derogate from the abatement against any expense, cost and termination rights set forth attorney’s fees incurred in Section 6.11connection with any claim for such loss or damage, including costs and attorney’s fees on appeal.

Appears in 1 contract

Samples: Lease Agreement (Leslies Poolmart Inc)

Waiver of Claim; Indemnification. Without limiting any other provisions hereof, but subject to the provisions of Section I(c) 19 hereof, Tenant agrees to defend, protect, indemnify and save Landlord and its partners, affiliates, officers, agents, servants and employees and Landlord's ’s management, leasing and development agents and Landlord's ’s mortgagee(s) from time to time from and against all liability to third parties arising out of the use of the Demised Premises by, or the acts or omissions of, Tenant or its servants, agents, employees, contractors, suppliers, workers or invitees. To the extent not prohibited by law and subject to the waiver of subrogation contained in Section I(c)19, Landlord and its partners, affiliates, officers, agents, servants and employees shall not be liable for any damage either to person, property or business resulting from the loss of the use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereto becoming out of repair, or due to the happening of any accident or event in or about the Building, including the Demised Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person, unless and then only to the extent caused by the negligence or willful misconduct of Landlord or its agents, employees or contractorscontractors or a breach of the express provisions of this Lease (subject to any applicable notice and cure periods). This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and except as provided above, shall apply without distinction as to the person whose act or neglect was responsible for the damage and shall apply whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Demised Premises, or upon loading docks, recovering and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof, unless and to the extent the same is actually caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors or a breach of the express provisions of this Lease (subject to any applicable notice and cure periods). The provisions of this Rider Section 47 shall survive the expiration or earlier termination of the Lease, and shall not derogate from the abatement and termination rights set forth in Section 6.1148. Landlord shall save Tenant, its directors, officers, agents and employees harmless and indemnified against any claim, loss or cost, whether in law or in equity, arising out of any injury, loss, theft or damage to any person or property while on or in the Demised Premises if and to the extent the same are actually due to the negligence or willful misconduct of the Landlord, its employees, contractors or agents.

Appears in 1 contract

Samples: Amended and Restated Lease Agreement (West Marine Inc)

Waiver of Claim; Indemnification. Without limiting any other provisions hereofLessee waives and releases all claims -------------------------------- against Lessor, but subject to the provisions of Section I(c) hereof, Tenant agrees to defend, protect, indemnify and save Landlord and its partners, affiliates, officers, agents, servants and employees and Landlord's management, leasing and development agents and Landlord's mortgagee(s) from time to time from and against all liability to third parties arising out of the use of the Premises by, or the acts or omissions of, Tenant or its servants, agents, employees, contractorsand servants, suppliersin respect of, workers and they shall not be liable for, injury to person or damage to property sustained by Lessee or by any occupant of the Leased Premises, the Building, or the Center, or any other person occurring in or about the Building/Center , or the Leased Premises resulting directly, or indirectly, from any existing or future condition, defect, matter or thing in the Leased Premises, or the Building or any part of it, or from equipment or appurtenance therein, or from accident, or from any occurrence, act, negligence or omission of any lessee or occupant of the Building, or of any other person. This paragraph shall apply also to damage caused as aforesaid or by flooding, sprinkling devices, air conditioning apparatus, water, frost, steam, excessive heat or cold, falling objects, broken glass, sewage, gas, odors or noise, or the bursting or leaking of pipes or plumbing fixtures and shall apply equally whether any such damage results from the act or circumstance, whether of a like or wholly different nature. If any such damage to the Leased Premises or to the Building or any equipment or appurtenance therein, or to Lessee thereof, results from any act or omission or negligence of Lessee, its agents, employees or invitees. To the extent not prohibited , Lessor, at Lessor's option, may repair such damage and Lessee shall, within ten (10) days following demand by law Lessor, reimburse Lessor forthwith for all cost of such repairs and subject damages both to the waiver Building and to the lessees or occupants thereof, in excess of subrogation contained the amount, if any, paid to Lessor under insurance covering such damages. All property in Section I(c)the Building or in the Leased Premises belonging to Lessee, Landlord and its partners, affiliates, officers, agents, servants employees or invitees, or to any occupant of the Leased Premises, shall be there at the risk of Lessee or other person only, and employees Lessor shall not be liable for any damage either to personthereto or theft, property or business resulting from the loss of the use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereto becoming out of repairmisappropriation, or due loss thereof. Lessee agrees to hold Lessor harmless and to indemnify it against claims and liability for injuries to all persons and for the happening of any accident or event in or about the Building, including the Premises, or damages due to any act or neglect omission of any tenant or occupant of the Building or of any other personLessee, unless and then only to the extent caused by the negligence or willful misconduct of Landlord or its agents, employees employees, guests, customers, clients and invitees. Lessee shall pay all loss or contractors. This provision shall apply particularlydamage occasioned by or growing out of the use and occupancy of the Leased Premises by Lessee, but not exclusivelyits agents, to damage caused by gasemployees, electricityguests, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures customers and windowsinvitees, and except as provided aboveLessee will indemnify, shall apply without distinction as to the person whose act or neglect was responsible for the damage and shall apply whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon loading docks, recovering and holding areas, or freight elevators of the Building, shall be at the risk of Tenant onlyprotect, and that Landlord shall not be liable for save Lessor harmless from and against any loss or damage thereto liability thereof or theft thereoftherefor and from and against any expense, cost and attorney's fees incurred in connection with any claim for such loss or damage, including costs and attorney's fees on appeal. The provisions of Nothing in this Rider paragraph shall survive the expiration be deemed to relieve Lessor from liability for damages or earlier termination of the Lease, and shall not derogate injuries to person or property caused by or resulting from the abatement and termination rights set forth in Section 6.11negligence of Lessor, its agents, servants or employees.

Appears in 1 contract

Samples: Lease Agreement (Sequiam Corp)

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