By Lessee. Lessee shall indemnify the Lessor, the Lessor’s Representative, and their Board members, directors, officers, employees, agents and authorized volunteers (the “Lessor Indemnitees”) against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision or other organization (collectively “Losses”) arising out of or in connection with the installation, operation or activities of Lessee, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the Lessor Indemnitees for injury to or death of persons, including, but not limited to, employees of Lessee or Lessor, and damage or destruction of property, including, but not limited to, property of Lessee, any utility company or Lessor, or other loss or damage incurred by Lessor, but only to the extent caused by (A) the negligence, fraud or willful misconduct of Lessee, its agents, officers, directors, employees or contractors on or at the Premises or the Sites in connection with this Agreement or (B) the material breach by Lessee of any of its obligations under this Agreement, but excluding such actions, claims, damages to persons or property penalties, obligations or liabilities arising from the sole established negligence, fraud or willful misconduct of the Lessor, the Lessor’s Representative, or those who are directly responsible to them. In connection therewith: (a) Lessee will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith; and (b) Lessee will promptly pay any judgment rendered against Lessee, and/or the Lessor Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such installation, operations, or activities of Lessee hereunder and Lessee agrees to save and hold the Lessor Indemnitees harmless therefore.
By Lessee. Lessee shall indemnify, defend and hold harmless Lessor and the Lessor Indemnitees from and against any and all Losses suffered or incurred by any such party by reason of or resulting from (A) any Release on the Sites or Premises caused by Lessee or the Lessee Indemnitees or any Release on other property in the vicinity of the Sites or the Premises caused by Lessee or the Lessee Indemnitees to the extent any such Release impacts the Sites or the Premises; or (B) any environmental claim from any third party with regard to any violation or alleged violation of any Environmental Laws by Lessee or the Lessee Indemnitees or any actual, threatened or alleged Release affecting the Sites or the Premises by Lessee or the Lessee Indemnitees.
By Lessee. Subject to the express provisions of this Lease, by taking --------- possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as of the date of such possession, subject to all applicable laws, covenants, conditions, restrictions, easements, and other matters of public record and the Rules and Regulations from time to time promulgated by Lessor governing the use of any portion of the Project. Lessee shall at Lessee's sole cost and expense, keep every pan of the Premises in good condition and repair, damage thereto from causes beyond the control of Lessee (and riot caused by any act or omission of Lessee or Lessee's Agents) and ordinary wear and tear excepted. If Lessee fails to maintain the Premises as required by this Lease, Lessor may give Lessee notice to do such acts as are reasonably required to so maintain the Premises and if Lessee fails to commence such work immediately in an emergency or where immediate action is required to protect the Premises or any portion of the Project, or within ten (10) days after such notice is given under other circumstances, and diligently prosecute it to completion, then Lessor or Lessor's agents, in addition to all of the rights and remedies available hereunder or by law and without waiving any alternative remedies, shall have the right to enter the Premises and to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by Lessor shall be paid by Lessee to Lessor as additional rent, upon demand. With respect to any work performed by Lessor pursuant to this Article 11.a., Lessor shall be liable to Lessee only for physical damage caused to Lessee's personal property located within the Premises to the extent such damage is caused by Lessor's active negligence or willful misconduct and is not covered by the insurance required to be maintained by Lessee pursuant to this Lease. In no event shall Lessor have any liability to Lessee for any other damages, or for any inconvenience or interference with the use of the Premises by Lessee, or for any consequential damages, including lost profits, as a result of performing any such work. Except as specifically provided in this Lease, Lessor shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any pan thereof and th...
By Lessee. 1. Lessee covenants and agrees to indemnify and defend the District, and to hold the District and its Board, administrators, employees, and agents (“Indemnitees”) harmless from any and all losses, claims, suits, damages, and expenses (including reasonable attorneys’ fees, and collectively referred to as "Claim") arising from or in connection with any negligent or intentional acts or omissions of Lessee, its agents, employees, and consultants relating to Xxxxxx’s performance of its obligations under this Site Lease, unless it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of any Indemnitee.
By Lessee. Lessee represents and warrants to Lessor that:
By Lessee. Lessee shall indemnify and hold harmless the Lessor from and against any and all liabilities arising from or in connection with all of the following: (a) the Premises and/or any operations or activities thereon during the Term and after the Term for so long as Lessee, or any Person holding through or under Lessee, remains in possession of the Leased Premises; (b) any act, omission, negligence, or misconduct of Lessee and/or any of Lessee’s officers, directors, employees, partners, members, agents, contractors, invitees, or Sublessees; (c) any accident, injury or damage (including death) occurring in, at or about the Leased Premises during the Term and after the Term for so long as Lessee, or any Person holding through or under Lessee, remains in possession of the Premises; (d) any breach or default by Lessee under this Lease; (e) any claims made by Subtenants during or after the Term (including claims for return of security deposits and prepaid rent); and (f) any holdover by Xxxxxx, or by any Person(s) holding through Lessee, after the Expiration Date. Xxxxxx agrees to notify Xxxxxx promptly in writing of any such claim presented to Lessor or action commenced against Xxxxxx and permit Xxxxxx to defend or settle the same. Xxxxxx agrees to cooperate with Xxxxxx in any way reasonably requested by Xxxxxx, but at Xxxxxx's expense, to enable Xxxxxx to defend against any such claims. Lessor reserves the right to join in any action at its cost and expense when it determines there is an issue involving a significant public interest.
By Lessee. Lessee shall have the right, at any time and from time to time, to surrender and terminate this Agreement by providing to Lessor written notice of such surrender. The termination shall take effect upon the date notice is given. Upon such termination, Lessee’s right, title, interest and obligations with respect to the Property shall terminate, except as provided in this Agreement to the contrary. All Payments which have accrued as of the date of termination shall be payable to Lessor by Lessee. Partial termination of select claims is not allowed without Lessors written consent.
By Lessee. Lessee may immediately terminate this Agreement in the event Lessor fails to observe or fulfill any term, condition and/or provision of this Agreement and such failure is not corrected within 30 days after written notice by Lessee.
By Lessee. (a) Subject to all appropriate government approvals, including the Federal Communications Commission ("FCC"), the Leased Premises may be used only for activities related to the operation of radio broadcast stations. Such operations, shall be conducted in accordance with the standards imposed by the FCC and any other governmental body with authority over such transmission and operations.
By Lessee. Lessee shall indemnify and hold harmless Lessor against and from all actions, claims, liabilities, direct damages, penalties, liens, costs, charges and expenses including reasonable attorneys’ fees and litigation costs, but excluding lost profits and consequential, indirect, special or incidental damages or the like, or for any punitive damages, which may be incurred by Lessor by reason of (i) any work or thing done in a negligent manner by Lessee on or about the Premises or any part thereof, (ii) any use, possession, occupations, conditions, operations, maintenance or management of the Premises or any part thereof by Lessee, (iii) any negligence on the part of Lessee or any of its agents, contractors, servants, employees, licensees, or invitees, or (iv) any accident, injury or damage to any person or property occurring in, on or about the Premises or any part thereof to the extent such occurs as a result of Lessee’s business operations thereon, except as and to the extent the same may arise as a result of the actions or failure to act of Lessor or any of Lessor’s agents, contractors, servants, employees, invitees or licensees. Notwithstanding any provision in this Lease to the contrary, Lessee shall not have any liability with respect to, and Lessor shall protect, indemnify, defend and hold Lessee harmless for, from and against any and all claims, costs, expenses, suits, judgments, actions, investigations, proceedings and liabilities arising out of or in connection with
