Waiver of Liability and Indemnification. Except to the extent expressly provided to the contrary herein, Tenant hereby waives all claims and causes of action against Landlord, its partners, advisors, mortgagees and ground lessors and each of their respective officers, managers, directors, employees, contractors, agents, successors and assigns (collectively, “Landlord Parties”) for any damage to persons or property (including, without limitation, loss of profits and intangible property) in any way relating to Tenant’s use and occupancy of the Premises. Tenant shall indemnify, defend, protect and hold harmless Landlord and each of the Landlord Parties (except to the extent the losses described below are caused by the gross negligence or willful misconduct of Landlord, its agents or employees), from and against any and all claims, losses, damages, obligations, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees and legal costs) (collectively, “Claims, Damages and Costs”) which arise from an occurrence in, on or about the Premises or which arise out of, is occasioned by or is in any way attributable to (a) the use or occupancy of the Premises by Tenant, or (b) the acts or omissions of Tenant or any Tenant Party, or (c) any Event of Default. Landlord hereby agrees to indemnify, defend, and save Tenant, its agents and employees harmless of and from all liabilities, losses, damages, costs, or expenses, including attorneys’ fees, fines, penalties, judgments, or obligations that the Tenant may sustain on account of injuries to the person or property of third parties lawfully on the Common Areas where the injuries are caused by the negligence or willful misconduct of Landlord, its agents or employees. This indemnity shall survive termination or expiration of this Lease.
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Waiver of Liability and Indemnification. Except to the extent expressly provided to the contrary herein, Tenant hereby waives all claims and causes of action against Landlord, its partners, advisors, mortgagees and ground lessors and each of their respective officers, managers, directors, employees, contractors, agents, successors and assigns (collectively, “Landlord Parties”) for any damage to persons or property (including, without limitation, loss of profits and intangible property) in any way relating to Tenant’s use and occupancy of the Premises. Tenant shall indemnify, defend, protect and hold harmless Landlord and each of the Landlord Parties (except to the extent of the losses described below are caused by the gross negligence or willful misconduct of Landlord, its agents or employees), from and against against:
(a) any and all claims, losses, damages, obligations, liabilities, costs and expenses (including, including but not limited to, to reasonable attorneys’ fees and legal costs) (collectively, “Claims, Damages and Costs”) which arise from an occurrence in, on or about the Premises or which arise arises out of, is occasioned by or is in any way attributable to (ai) the use or occupancy of the Premises or any portion of the Project by Tenant, (ii) or (b) the acts or omissions of Tenant or any Tenant PartyParty or (iii) any default of this Lease by Tenant.
(b) any and all environmental damages which arise from: (i) the Handling of any Tenant’s Hazardous Materials, or (cii) the breach of any Event of Defaultthe provisions of this Lease. Landlord hereby agrees to indemnifyFor the purpose of this Lease, defend“environmental damages” shall mean (X) all claims, and save Tenant, its agents and employees harmless of and from all liabilities, lossesjudgments, damages, penalties, fines, costs, liabilities, and losses (including without limitation, diminution in the value of the Premises or expensesany portion of the Project, including damages for the loss of or restriction on use of rentable space, and from any adverse impact of Landlord’s marketing of space); (Y) all sums paid for settlement of claims, reasonable attorneys’ fees, fines, penalties, judgments, consultants’ fees and experts’ fees; and (Z) all costs incurred by Landlord in connection with investigation or obligations that the Tenant may sustain on account of injuries remediation relating to the person or property Handling of third parties lawfully on Tenant’s Hazardous Materials, necessary for Landlord to make full economic use of the Common Areas where the injuries are caused by the negligence or willful misconduct of Landlord, its agents or employees. This indemnity shall survive termination or expiration of this LeasePremises.
Appears in 1 contract
Waiver of Liability and Indemnification. Except to the extent expressly provided to the contrary herein, Tenant hereby waives all claims and causes of action against Landlord, its partners, advisors, mortgagees and ground lessors and each of their respective officers, managers, directors, employees, contractors, agents, successors and assigns (collectively, “Landlord Parties”"LANDLORD PARTIES") for any damage to persons or property (including, without limitation, loss of profits and intangible property) in any way relating to Tenant’s 's use and occupancy of the Premises. Tenant shall indemnify, defend, protect and hold harmless Landlord and each of the Landlord Parties (except to the extent the losses described below are caused by the gross negligence or willful misconduct of Landlord, its agents or employees), from and against against:
(a) any and all claims, losses, damages, obligations, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ ' fees and legal costs) (collectively, “Claims"CLAIMS, Damages and Costs”DAMAGES AND COSTS") which arise from an occurrence in, on or about the Premises or which arise out of, is occasioned by or is in any way attributable to (ai) the use or occupancy of the Premises or any portion of the Project by Tenant, or (bii) the acts or omissions of Tenant or any Tenant Party, or (ciii) any Event default of Defaultthis Lease by Tenant; and
(b) any and all environmental damages which arise from: (i) the Handling of any Tenant's Hazardous Materials, or (ii) the breach of any of the provisions of this Lease. Landlord hereby agrees to indemnifyFor the purpose of this Lease, defend"ENVIRONMENTAL DAMAGES" shall mean (X) all claims, and save Tenant, its agents and employees harmless of and from all liabilities, lossesjudgments, damages, costs, or expenses, including attorneys’ feespenalties, fines, penaltiescosts, judgmentsliabilities, and losses (including, without limitation, diminution in the value of the Premises or obligations that any portion of the Tenant may sustain Project, damages for the loss of or restriction on account use of injuries rentable space, and from any adverse impact of Landlord's marketing of space); (Y) all sums paid for settlement of claims, reasonable attorneys' fees, consultants' fees and experts' fees; and (Z) all costs incurred by Landlord in connection with investigation or remediation relating to the person or property Handling of third parties lawfully on Tenant's Hazardous Materials necessary for Landlord to make full economic use of the Common Areas where the injuries are caused by the negligence or willful misconduct of Landlord, its agents or employees. This indemnity shall survive termination or expiration of this LeasePremises.
Appears in 1 contract
Sources: Office Lease (Clayton Holdings Inc)
Waiver of Liability and Indemnification. Except to the extent expressly provided to the contrary hereinherein and except to the extent caused by the gross negligence or willful misconduct of Landlord, its officers, directors, contractors, agents or employees, Tenant hereby waives all claims and causes of action against Landlord, its partners, advisors, mortgagees and mortgagees, ground lessors and each of their respective officers, managers, directors, employees, contractors, agents, successors and assigns and the Landlord Parties (collectivelyas defined in Section 24.1, “Landlord Parties”below) for any damage to persons or property (including, without limitation, loss of profits and intangible property) in any way relating to Tenant’s 's use and occupancy of the Premises. Tenant shall indemnify, defend, protect and hold harmless Landlord and each of the Landlord Parties (except to the extent of the losses described below are caused by the gross negligence or willful misconduct of Landlord, its officers, directors, contractors, agents or employees), from and against against:
(a) any and all claims, losses, damages, obligations, liabilities, costs and expenses (including, including but not limited to, to reasonable attorneys’ ' fees and legal costs) (collectively, “"Claims, Damages and Costs”") which arise from an occurrence in, on or about the Premises or which arise out of, is are occasioned by or is are in any way attributable to (ai) the use or occupancy of the Premises or any portion of the Project by Tenant, or (bii) the acts or omissions of Tenant or any Tenant Party.
(b) any and all environmental damages which arise from: (i) the Handling of any Tenant's Hazardous Materials, or (cii) the breach of any Event of Defaultthe provisions of this Lease. For the purpose of this Lease, "environmental damages" shall mean (X) all claims, judgments, damages, penalties, fines, costs, liabilities, and losses (including without limitation, diminution in the value of the Premises or any portion of the Project, damages for the loss of or restriction on use of rentable space, and from any adverse impact of Landlord's marketing of space); (Y) all sums paid for settlement of claims, reasonable attorneys' fees, consultants' fees and experts' fees; and (Z) all costs incurred by Landlord in connection with investigation or remediation relating to the Handling of Tenant's Hazardous Materials, necessary for Landlord to make full economic use of the Premises. However, notwithstanding the foregoing, Tenant shall not be required to indemnify and/or hold Landlord or any Landlord Party harmless from any Claims, Damages and Costs, to any person, property or entity to the extent resulting from the negligence or willful misconduct of Landlord or its agents, contractors, or employees (except for damage to the Tenant Improvements, Alterations and Tenant's personal property, fixtures, furniture and equipment in the Premises in which case Tenant shall be responsible to the extent Tenant is required to obtain the requisite insurance coverage pursuant to this Lease or such insurance is actually carried by Tenant). Subject to Section 11.5 below, Landlord hereby agrees to indemnify, defend, protect and save Tenanthold harmless Tenant and any Tenant Party from and against any Claims, its agents Damages and employees harmless of and from all liabilities, losses, damages, costs, or expenses, including attorneys’ fees, fines, penalties, judgments, or obligations that the Tenant may sustain on account of injuries Costs to the person or property of third parties lawfully on the Common Areas where the injuries are caused by extent resulting from the negligence or willful misconduct of LandlordLandlord or its agents, its agents contractors or employees. This indemnity shall survive termination employees and not covered by insurance required to be carried under this Lease by Tenant or expiration actually carried by Tenant; provided, however, that (i) because Landlord maintains insurance on the Project and Tenant compensates Landlord for such insurance as part of Tenant's Percentage Share of Operating Expenses and because of the existence of waivers of subrogation set forth in Section 11.5 of this Lease, Landlord hereby agrees to indemnify, defend, protect and hold Tenant and any Tenant Party harmless from and against any Claims, Damages and Costs to any property outside of the Premises to the extent such Claims, Damages and Costs are covered by such insurance (or would be covered had the insurance required of Landlord hereunder been maintained), even if resulting from the negligent acts, omissions, or willful misconduct of Tenant or those of its agents, contractors, or employees, and (ii) because Tenant must carry insurance pursuant to Section 11.2 to cover its personal property within the Premises and the Alterations and Tenant Improvements, Tenant hereby agrees to indemnify, defend, protect and hold Landlord and any Landlord Party harmless from and against any Claims, Damages and Costs to any property within the Premises, to the extent such Claims, Damages and Costs are covered by such insurance (or would be covered had the insurance required hereunder been maintained), even if resulting from the negligent acts, omissions or willful misconduct of Landlord or those of its agents, contractors, or employees.
Appears in 1 contract
Waiver of Liability and Indemnification. Except The Applicant shall use reasonable care and make reasonable diligent efforts to avoid any harm, injury, or loss of property to any person while using the extent expressly provided pavilion, park equipment and surrounding park area. Applicant agrees to indemnify and hold harmless the contrary hereinRiverdale Dunes Metropolitan District No. 1 (the “Released Parties”) from any and all liability, Tenant hereby waives sums and costs, including attorney fees and all claims and causes other fees incidental to defend any loss or damages the Released Parties may suffer as a result of action against Landlordclaims, demands, costs or judgements resulting from Applicant’s use of the facilities. Applicant, its partnerssuccessor and assigns assume all liability and risk associated with use of the District’s facilities and hereby releases and agrees to indemnify, advisorsdefend and hold harmless the Released Parties, mortgagees and ground lessors and each of their respective officersrepresentatives, managers, directorsstaff, employees, contractors, agents, successors and assigns (collectively, “Landlord Parties”) for any damage to persons or property (including, without limitation, loss of profits and intangible property) in any way relating to Tenant’s use and occupancy of the Premises. Tenant shall indemnify, defend, protect and hold harmless Landlord and each of the Landlord Parties (except to the extent the losses described below are caused by the gross negligence or willful misconduct of Landlord, its agents or employees), directors from and against any and all claims, lossesliability, damagesinjuries, obligationsdamages and costs incurred by Applicant, liabilitiesany of Applicant’s guests, costs and expenses (includingor other persons, but not limited to, reasonable attorneys’ fees and legal costs) (collectively, “Claims, Damages and Costs”) which arise from an occurrence in, on or about the Premises or which arise out of, is occasioned by or is in any way attributable to (a) the connection with Applicant’s use or occupancy of the Premises District’s facilities. Applicant further acknowledges that he/she has reviewed and evaluated the risks and determined to use the District’s facilities with full knowledge and acceptance of the risks. Applicant understands that the Released Parties do not provide insurance coverage for accidents or injury sustained by TenantApplicant, guests or other persons. Applicant agrees that use of the District’s facilities shall be undertaken by Applicant and guests at their sole risk, and the Released Parties shall not be liable for any injuries or any damage to Applicant, guests, or (b) the acts or omissions of Tenant or any Tenant Partyother persons, or (c) be subject to any Event claim, demand, injury or damages whatsoever, irrespective of Defaultcause or origin. Landlord hereby agrees to indemnifyThe Released Parties shall not be responsible or liable for articles damaged, defend, and save Tenant, its agents and employees harmless of and from all liabilities, losses, damages, costslost, or expenses, including attorneys’ fees, fines, penalties, judgmentsstolen, or obligations for loss or damages to any property. The undersigned evidences by his/her signature that the Tenant may sustain on account of injuries to Applicant and its group or organization has read and will comply with the person or property of third parties lawfully rules and regulations as stated on the Common Areas where form provided to Applicant. INSURANCE REQUIREMENTS FOR BUSINESS ENTITIES AND VENDORS: Applicant shall, at its own expense, obtain and maintain during the injuries are caused by the negligence or willful misconduct of Landlord, its agents or employees. This indemnity shall survive termination or expiration term of this Lease.agreement, General Liability Insurance with a limit of $1,000,000 per occurrence and a $2,000,000 general aggregate limit. Applicant will provide a certificate of insurance including Riverdale Dunes Metropolitan District No. 1 as Additional Insureds. Applicant Name (Printed) Signature Date Approved Denied Reviewed by: Date Check # and Date Please be sure to complete the following checklist after completion of the event at the pavilion. The condition of the pavilion after the event in comparison to before the event will determine the extent to which the deposit will be returned. Initial
Appears in 1 contract
Sources: Pavilion Reservation Agreement
Waiver of Liability and Indemnification. Except 11.1.1 Subject to the extent expressly provided to the contrary hereinSection 11.5 below, Tenant hereby waives all claims shall indemnify, protect, defend and causes of action against hold harmless, Landlord, its partners, advisors, mortgagees and ground lessors and each of their respective officers, managers, directors, employeespartners, contractorsmembers, agents, successors attorneys and assigns employees, and any affiliate of Landlord, including without limitation, any corporations or any other entities controlling, controlled by or under common control with Landlord (collectively, “Landlord Indemnified Parties”) for any damage to persons or property (including, without limitation, loss of profits and intangible property) in any way relating to Tenant’s use and occupancy of the Premises. Tenant shall indemnify, defend, protect and hold harmless Landlord and each of the Landlord Parties (except to the extent the losses described below are caused by the gross negligence or willful misconduct of Landlord, its agents or employees), from and against any and all claims, lossessuits, damagesdemands, obligationsliability, liabilitiesdamages and expenses, costs and expenses (including, but not limited to, reasonable including attorneys’ fees and legal costs) costs (collectively, “Claims, Damages and Costs”) (but excluding injury to or interference with Landlord’s or any Landlord Indemnified Parties’ business and any consequential damages), arising from or in connection with Tenant’s use or alteration of the Premises or the conduct of its business or from any activity performed or permitted by Tenant in or about the Premises, the Building or any part of the Project during the Term or prior to the Commencement Date if Tenant has been provided access to the Premises, the Building or any part of the Project for any purpose, or 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, or arising from Tenant’s use of the Building Systems in excess of their capacity or arising from any other act, neglect, fault or omission of Tenant or any of its officers, agents, directors, contractors, employees, subtenants, assignees, licensees or invitees. If any action or proceeding is brought against any of the Landlord Indemnified Parties for an Claims, Damages and Costs for which arise Tenant is required to indemnify the Landlord Indemnified Parties under this Section 11.1.1, Tenant, upon notice from an occurrence Landlord, shall defend the same at Tenant’s expense with counsel approved by Landlord, which approval shall not be unreasonably withheld. Tenant’s obligations under this Section 11.1.1 shall survive the expiration or earlier termination of this Lease. Notwithstanding any provision to the contrary in this Lease, in no event shall Tenant be required to indemnify or defend Landlord for any Claims, Damages and Costs to the extent arising from Landlord’s negligence or willful misconduct.
11.1.2 As a material part of the consideration to the Landlord for entering into this Lease, Tenant hereby assumes all risk of and releases, discharges and holds harmless Landlord from and against any and all liability to Tenant for damage to property or injury to persons in, on upon or about the Premises or which arise out offrom any cause whatsoever, is occasioned by or is except as provided in any way attributable to (a) the use or occupancy of the Premises by Tenant, or (b) the acts or omissions of Tenant or any Tenant Party, or (c) any Event of Default. Landlord hereby agrees to indemnify, defend, and save Tenant, its agents and employees harmless of and from all liabilities, losses, damages, costs, or expenses, including attorneys’ fees, fines, penalties, judgments, or obligations that the Tenant may sustain on account of injuries to the person or property of third parties lawfully on the Common Areas where the injuries are caused by the negligence or willful misconduct of Landlord, its agents or employees. This indemnity shall survive termination or expiration of this Lease.Section 11.1.3
Appears in 1 contract
Sources: Office Lease (Capitalsource Inc)