Tenant Indemnitee definition
Examples of Tenant Indemnitee in a sentence
If Landlord fails to promptly defend a Tenant Indemnitee following written demand by the Tenant Indemnitee, the Tenant Indemnitee shall defend the same at Landlord’s expense, by retaining or employing counsel reasonably satisfactory to such Tenant Indemnitee.
Tenant shall indemnify and defend Landlord (with counsel, consultants, and experts reasonably acceptable to Landlord) Landlord against all Losses, which are brought or recoverable against, or suffered or incurred by Landlord as a result of any release of Hazardous Materials caused by a Tenant Indemnitee or any breach of the requirements under this Section 29 by a Tenant Indemnitee, except to the extent caused by Landlord’s negligence or willful misconduct.
Upon Notice from Tenant, Landlord shall undertake the defense, at Landlord's sole cost and expense, of any indemnification duties set forth herein, in which event Landlord shall not be responsible for any duplicative attorneys' fees incurred by any Tenant Indemnitee.
In case any action or proceeding is brought against any Tenant Indemnitee by reason of any such claim, Landlord, upon written notice from Tenant, shall at Landlord’s expense resist or defend such action or proceeding by counsel approved by Tenant in writing, which approval Tenant agrees not to unreasonably withhold.
Landlord shall not be required to indemnify the Tenant Indemnitees, and hold the Tenant Indemnitees harmless, in either case as aforesaid, to the extent that it is finally determined that the negligence or wilful misconduct of a Tenant Indemnitee contributed to the loss or damage sustained by the Person making the Claim Against Tenant.
To the extent authorized by law, Tenant is and shall be deemed to be the responsible party, including the “owner” and/or “operator” and/or “generator” and/or “arranger” of Tenant’s “facility” and the “owner” of all Hazardous Materials brought on the Facility Premises or the Property by a Tenant Indemnitee and the wastes, by-products, or residues generated, resulting, or produced from those items.
No Tenant Indemnitee shall settle any Claim without Landlord's written consent.
All rights to join Tenant or any other Tenant Indemnitee in any litigation or proceeding concerning any Environmental Claims described in subparts (A) and (B) above.
Landlord shall not settle any claims, actions or proceedings against a Tenant Indemnitee without such Tenant Indemnitee's consent if such settlement involves relief other than the payment of money.
Notwithstanding the foregoing, an Indemnitee or a Tenant Indemnitee may retain its own attorneys to defend or assist in defending any claim, action or proceeding involving potential liability of Seven Million Five Hundred Thousand Dollars ($7,500,000) or more, and the indemnitor shall pay the reasonable fees and disbursements of such attorneys.