Section26.04 Landlord Indemnification. Subject to the provisions of Section12.04, Landlord shall indemnify and hold Tenant and its officers, directors, members, partners, beneficial owners and agents (collectively, the Tenant Entities) harmless from and against any and all loss, claims, liability or costs (including court costs and reasonable attorneys fees) suffered or asserted by third parties and incurred by reason of (a)any negligence or willful misconduct of Landlord or any Indemnified Party occurring at the Real Property, (b)the conduct or management of the common areas of the Building or of any business therein, or any work or thing done, or any condition created, in or about the common areas of the Building and (c)any default by Landlord in the performance of Landlords obligations under this Lease; provided, that the foregoing indemnity shall not apply to the extent such claim results from the negligence or willful misconduct of any Tenant Entities.
10.3 Landlord Indemnification. To the fullest extent permitted by Applicable Requirements, Landlord shall indemnify and hold Tenant and the other Tenant Parties harmless of and from Claims arising out of or in connection with, or related to the gross negligence or willful misconduct of Landlord or Landlord Parties. The provisions of this Section10.3 shall survive the expiration or earlier termination of this Lease until all Claims within the scope of this Section10.3 are fully, finally, and absolutely barred by the applicable statutes of limitations.
(b) LANDLORD INDEMNIFICATION.LANDLORD SHALL INDEMNIFY AND HOLD HARMLESS TENANT FROM AND AGAINST ALL THIRD-PARTY CLAIMS ARISING FROM.THE GROSS NEGLIGENCE OR WILLFUL ACT OR OMISSION OF LANDLORD OR ITS AGENTS, CONTRACTORS, OR EMPLOYEES, AND FROM AND AGAINST ALL COSTS, ATTORNEYS FEES, EXPENSES AND LIABILITIES INCURRED IN THE DEFENSE OF ANY SUCH CLAIM OR ANY ACTION OR PROCEEDING BROUGHT THEREON.NOTWITHSTANDING THE FOREGOING, THE INDEMNITY OBLIGATIONS OF LANDLORD HEREUNDER SHALL NOT APPLY IN THE CASE OF CLAIMS INVOLVING THE NEGLIGENCE OR WILLFUL ACT OR OMISSION OF TENANT, ITS AGENTS, EMPLOYEES OR CONTRACTORS.
8.6 Landlord Indemnification. Landlord shall indemnify, defend by counsel reasonably acceptable to Tenant, protect and hold Tenant and its directors, shareholders, investment managers, partners, lenders, members, managers, contractors, affiliates, employees, trustees, principals, beneficiaries, officers, mortgagees and agents (collectively Tenant Indemnitees) harmless from and against any and all Losses incurred by Tenant Indemnitees to the extent caused by (a)the negligence or willful misconduct of Landlord or any other Landlord Party and not covered by the insurance required to be carried by Tenant hereunder or (b)the gross negligence or willful misconduct of Landlord or any other Landlord Party.
10.7 Landlord Indemnification. Landlord shall indemnify, defend, protect, and hold harmless Tenant and the Tenants Parties from and against any and all loss, cost, damage, expense and liability (including without limitation court costs and reasonable attorneys fees) incurred in connection with or arising from (1)the negligence or misconduct of Landlord or the Landlord Parties in, on or about the Project, (2)any breach of any representation or warranty contained herein, (3)the use, generation, storage, treatment, or the disposal or other release of any Hazardous Materials by Landlord or any Landlord Party or otherwise relating to the Excluded Matters, or (4)any violation by Landlord of any law applicable to the Project; provided, however, that (i)the terms of the foregoing indemnity shall not apply to the negligence or willful misconduct of Tenant or the Tenants Parties and (ii)Landlords indemnity obligations shall not extend to loss of business, loss of profits or other consequential damages which may be suffered by Tenant. The provisions of this Section10.7 shall survive the expiration or sooner termination of this Lease.
(h) Landlord Indemnification. If there exists any levels of Hazardous Materials on or about the Premises as of the Term Commencement Date that are in violation of any Environmental, Health and Safety Laws, then Landlord shall be responsible for the remediation of such pre-existing levels of Hazardous Materials, except to the extent such violation was caused or exacerbated by any act, omission or negligence of Tenant or any of the Tenant Parties, and subject to the waiver set forth in Section13.04 of the Lease, Landlord shall indemnify, defend and hold Tenant harmless from any and all costs related to such remediation.