|
9.2 Tenant's Indemnity. Except tot he extent caused by the breach of this Agreement by Landlord or
<br />the actsor omissions of Landlord, its officers, agents, employees, contractors, or any other person or entity for
<br />whom Landlord is legally responsible, Tenant shall defend, indemnify and hold Landlord and its officers, directors,
<br />shareholders, employees, agents and representatives ("Landlord's Representatives") harmlessfrom and against
<br />any and all claims, demands, litigation, settlements, judgments, damages, liabilities, costsand expenses (including,
<br />without limitation, reasonable attorneys' fees) (individually or collectively, a "Claim") arising directly or indirectly
<br />out of: (i) anyact or omission of Tenant, its officers, agents, employees, contractors, orany other person or entity
<br />for whom Tenant is legally responsible ("Tenant's Representatives"); or (ii) a breach of any representation,
<br />warranty or covenant of Tenant contained or incorporated in this Agreement. Tenant's obligations under this
<br />Section 9.2 shall survive the expiration or earlier termination of this Agreement for two (2) years.
<br />9.3 Landlord's Indemnity. Except to the extent caused by the breach of this Agreement by Tenant or
<br />the acts or omissions of Tenant or Tenant's Representatives,, Landlord shall defend, indemnify and hold Tenant,
<br />its officers, directors, shareholders, employees, agentsand representatives harmless from and against any and all
<br />Claims arising directly or indirectly out of: (i) any act or omission of Landlord, its officers, agents, employees,
<br />contractors or any other person or entity for whom Landlord is legally responsible; (ii) a breach of any
<br />representation, warranty or covenant of Landlord contained or incorporated in this Agreement; and/or (iii) the
<br />generation, possession, use, storage, presence, release, spill, treatment, transportation, manufacture,
<br />refinement, handling, production and/or disposal of Hazardous Substances in, on, about, adjacent to, under or
<br />near the Premises, the Structure and/or the Property, and/or any contamination of the Premises, the Structure
<br />and/or the Property by any Hazardous Substance, but only to the extent not caused by Tenant or Tenant's
<br />Representatives. Landlord's obligations under this Section 9.3 shall survive the expiration or earlier termination
<br />of this Agreement for two (2) years. Landlord's obligations under this section shall only be to the limits set forth
<br />in section 768.28, Florida Statutes.
<br />9.4 Indemnification Procedure. The Party seeking indemnification (the "Indemnified Party") shall
<br />promptly send Notice to the Party from whom indemnification is being sought (the "Indemnifying Party") of the
<br />claim or suit for which indemnification is sought. The Indemnified Partyshall not make any admission asto liability
<br />or agreeto any settlement of or compromise any claim without the prior written consent of the Indemnifying
<br />Party. The Indemnified Partyshall, at the Indemnifying Partyrequest and expense, give the Indemnifying Partyall
<br />reasonableassistance in connection with those negotiations and litigation.
<br />10. Insurance.
<br />10.1 Landlord Obligations. Throughout the Term, Landlord shall maintain, at Landlord's sole cost and
<br />expense, the following insurance coverage (i) Commercial General Liability of not less than $1,000,000 per
<br />occurrence and $2,000,000 aggregate; Property Insurance on the Premises to include all perils coverage such as
<br />fire, wind, names storms and other hazards.
<br />10.2 Tenant Obligations. Throughout the Term, Tenant shall maintain, at Tenant's sole cost and
<br />expense, the following insurance coverage: (i) workers' compensation insurance with no less than the minimum
<br />limits required by Applicable Law; (ii) employer's liability insurance with such limits as required by Applicable Law,
<br />and (iii) Commercial General Liability with a minimum limit of $1,000,000 per occurrence and $2,000,000
<br />aggregate to include Landlord as additional insured..Tenant shall provide Landlord's Risk manager with a
<br />certificate of insurance confirming that such policy has been obtained and is in full force and effect, and confirming
<br />that such policy will not be cancelled without thirty (30) days' prior written notice to Landlord. Such policy shall
<br />be primary to any liability insurance obtained by Landlord.
<br />Site Number: MIMIA00558A Lease Version: 1.0
<br />Market: MIAMI AINI .
<br />
|