Waiver of Claims Indemnity. 26.1 Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of, and waives all claims it may have against Landlord, its agents, employees, partners, officers, directors, affiliates and successors in interest (collectively, the “Landlord Group”) for damage to or loss of property or personal injury or loss of life resulting from the Building or Premises or any part thereof becoming out of repair, by reason of any repair or alteration thereof of a non-structural nature, or resulting from any accident within the Building or Premises or on or about any space adjoining the Building or Premises, or resulting directly or indirectly from any act or omission of any person, or due to any condition, design or defect of the Building or Premises, or any space adjoining the Building or Premises, or the mechanical systems of the Building or Premises, which may exist or occur, whether such damage, loss or injury results from conditions arising upon the Premises or upon other portions of the Building, or from other sources or places, and regardless of whether the cause of such damage, loss or injury or the means of repairing the same is accessible to Tenant; provided such assumption and waiver shall not apply to claims caused by the gross negligence or wilful misconduct of Landlord or its agents or employees.
26.2 Tenant hereby agrees to indemnify, defend, and hold Landlord and Landlord Group harmless from and against (a) any and all claims, demands, suits, fines, losses, expenses and liabilities (collectively, “Claims”) for or relating to injury or loss of life to persons or damage to or loss of property arising from Tenant’s use of the Building or the Premises, or from the conduct of Tenant’s business, or from any work done, permitted or suffered by Tenant in or about the Premises or elsewhere, or from any negligence or intentional conduct of Tenant or Tenant’s agents, employees, contractors, licensees, invitees, representatives or successors in interest; (b) any and all Claims arising from any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease; and (c) all costs, legal costs, expenses and liabilities incurred by Landlord or any member of Landlord Group in or in connection with any such Claim except where such Claim is due to the gross negligence or wilful misconduct of Landlord or its agents. In the event that any action or proceeding is brought against Landlord or any member...
Waiver of Claims Indemnity. (a) Subtenant releases and waives all claims against Sublandlord and its respective officers, directors, partners, agents, members, managers, and employees and its successors and assigns for injury or damage to person, property, or business sustained in or about the Premises by Subtenant other than by reason of Sublandlord’s gross negligence or willful misconduct and except in any case which would render this release and waiver void under law.
(b) Subtenant agrees to indemnify and defend Sublandlord and its respective officers, directors, partners, agents, members, managers, and employees and its successors and assigns, from and against any and all losses, claims, demands, costs, and expenses of every kind and nature, including reasonable attorneys’ fees and litigation expenses, to the extent arising from Subtenant’s occupancy of the Premises, Subtenant’s construction of any leasehold improvements in the Premises or from any breach or default on the part of Subtenant in the performance of any agreement or covenant of Subtenant to be performed under this Sublease or pursuant to the terms of this Sublease, or from any act or omission of Subtenant or its agents, officers, employees, guests, servants, invitees, or customers in or about the Premises or the Building, except to the extent such losses, claims, demands, costs and expenses are caused by Sublandlord’s gross negligence or willful misconduct. At Sublandlord’s request, Subtenant will defend such proceeding at its sole cost and expense by legal counsel reasonably satisfactory to Sublandlord.
(c) Sublandlord agrees to indemnify and defend Subtenant and its officers, directors, partners, agents, members, managers, and employees and its successors and assigns, from and against any and all losses, claims, demands, costs, and expenses of every kind and nature, including reasonable attorneys’ fees and litigation expenses, to the extent arising from any breach or default on the part of Sublandlord in the performance of any agreement or covenant of Sublandlord to be performed or performed under this Sublease or pursuant to the terms of this Sublease, or from any act or omission of Sublandlord or its agents, officers, employees, guests, servants, invitees, or customers in or about the Premises or the Building, except to the extent such losses, claims, demands, costs and expenses are caused by Subtenant’s gross negligence or willful misconduct. At Subtenant’s request, Sublandlord will defend such proceeding at its...
Waiver of Claims Indemnity. (a) Subtenant releases and waives all claims against Landlord and Zoll and each of their respective officers, directors, shareholders, partners, agents, members, managers, and employees and their respective successors and assigns for injury or damage to person, property, or business sustained in or about the Premises by Subtenant other than by reason of Zoll’ or Landlord’s negligence or willful misconduct and except in any case which would render this release and waiver void under law.
(b) Subtenant agrees to indemnify and defend Landlord and Zoll and each of their respective officers, directors, shareholders, partners, agents, members, managers, and employees and their respective successor and assigns, from and against any and all losses, claims, demands, costs, and expenses of every kind and nature, including attorneys’ fees and litigation expenses, to the extent arising from Subtenant’s occupancy of the Premises, Subtenant’s construction of any leasehold improvements in the Premises or from any breach or default on the part of Subtenant in the performance of any agreement or covenant of Subtenant to be performed or performed under this Sublease or pursuant to the terms of this Sublease, or from any act or omission of Subtenant or its agents, officers, employees, guests, servants, invitees, or customers in or about the Premises or the Building. At Zoll’s request, Subtenant will defend such proceeding at its sole cost and expense by legal counsel reasonably satisfactory to Zoll and Landlord.
Waiver of Claims Indemnity and Public Liability Insurance
8.1 Tenant waives all claims for damages to persons or property sustained by Tenant or any person claiming by or through Tenant resulting from any accident or occurrence in or upon the Demised Premises except those claims resulting from Landlord’s willful actions or gross negligence.
8.2 Tenant agrees to pay, and to protect, indemnify, and save harmless Landlord and any holder of any mortgage on the Demised Premises, to the extent not covered by insurance, from and against any and all liabilities, losses, damages, costs, expenses (including all reasonable attorney’s fees, and expenses) causes of action, suits, claims, demands or judgment of any nature whatsoever arising from any injury to, or the death of, any person or any damage to property on the Demised Premises, or in any manner growing out of or connected with the use, non-use, condition or occupation of the Demised Premises or any part thereof or resulting from the condition thereof except those claims resulting from Landlord’s willful actions or gross negligence.
8.3 Tenant agrees to maintain in full force during the term hereof policies of (i) comprehensive general liability insurance including bodily injury, personal injury, property damage and contract liability coverage under which Landlord and Tenant and, at Landlord’s request, any holder of any mortgage on the Demised Premises are named as insureds, and under which the insurer agrees to indemnify and hold Landlord and such Mortgagee harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries, deaths, damage to property and damages mentioned herein and defense thereof, and (ii) worker’s compensation insurance covering all persons employed in connection with any work done on or about the Demised Premises with respect to which claims for death or bodily injury could be asserted against Tenant or the Demised Premises. The minimum limits of liability of such comprehensive general liability insurance shall be One Million Dollars ($1,000,000.00) per occurrence, with deductibles of not more than Ten Thousand Dollars ($10,000.00) with respect to bodily injury and One Hundred Thousand Dollars ($100,000.00) with respect to property damage. All insurers shall be authorized to write such insurance in the State of Rhode Island, shall have a licensed resident agent in said State and shall at all times have a general policyholder’s rating of A or A+ in Best’s...
Waiver of Claims Indemnity. 21 28. INSURANCE.......................................................... 22 29. FIXTURES, TENANT IMPROVEMENTS AND ALTERATIONS...................... 23 30.
Waiver of Claims Indemnity. As of the close of Escrow, Buyer shall and hereby does waive any and all claims, rights and/or demands by Buyer against Seller, and does and shall indemnify Seller against any claims, rights and/or demands by third parties, with respect to any and all liabilities, costs, expenses, penalties, damages, losses and liens, including without limitation reasonable attorneys’ fees, arising out of or with respect to (1) Hazardous Material on or under the Property, or migrating to or from the Property on close of Escrow or released on or under the Property subsequent thereto, and (2) any clean up of any and all Hazardous Material which might be placed on or under the Property. The waiver and indemnity provided for herein shall survive the close of Escrow hereunder and shall not be merged into the grant deed.
Waiver of Claims Indemnity. The Parties' obligations under this Article 15 shall survive the expiration or termination of this Lease as to any matters arising prior to such expiration or termination or prior to the Tenant’s vacation of the Leased Premises and the Building. Nothing contained in this Article 15 shall be interpreted or used in any way to affect, limit, reduce or abrogate any insurance coverage provided by any insurer to either the Tenant or the Landlord in accordance with Articles 11.18 and 11.2.14, and as completed by this Article 15.
Waiver of Claims Indemnity. Church shall not be liable or responsible in any way for, and User waives all claims against Church (or any affiliate of Church) and assumes all risk arising out of the loss or damage to any property belonging to User or its employees, agents, invitees, or any other person, or for any death or injury suffered or sustained by User or any employees, invitees or agents of User or any other person, from any cause whatsoever occurring on the Licensed Premises or Property, except in the event caused by the negligence or willful misconduct of Church. User shall indemnify, defend and hold harmless Church (or any affiliate of Church) from and against any and all claims, liabilities, losses, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees), caused by or arising out of the activities of User, its agents, employees or invitees on the Licensed Premises or Property or User’s breach of this Agreement. The obligations hereunder expressly survive the termination of this Agreement for any reason.
Waiver of Claims Indemnity. 30 17.1. Waiver of Claims 17.2. Landlord's Indemnity 17.3. Tenant's Indemnity
Waiver of Claims Indemnity
