THRIVE SANTA ANA, INC. (2) - Laserfiche WebLink

Home Browse Search

whatsoever caused to any Person in or on the Premises or the Project. Notwithstanding anything to the contrary in this Lease, no Indemnitor shall be required to Indemnify any Indemnitee to the extent of the Indemnitee's wrongful intentional acts or negligence. 8.2.2 Limitation on Liability of the Lessor. Following the execution of the Lease, the Tenant is and shall be responsible for operation of the Premises and the Project, and the Lessor shall not be liable for any injury or damage to any property (of the Tenant or any other Person) or to any Person occurring on or about the Premises or the Project, except to the extent caused by the Lessor's wrongful intentional act or negligence. 8.2.3 Strict Liability. The indemnification obligations of an Indemnitor shall apply regardless of whether liability without fault or strict liability is imposed or sought to be imposed on one or more Indemnitees. 8.2.4 Independent of Insurance Obligations. The Tenant's indemnification obligations under this Lease shall not be construed or interpreted as in any way restricting, limiting, or modifying the Tenant's insurance or other obligations under this Lease and is independent of the Tenant's insurance and other obligations under this Lease. The Tenant's compliance with its insurance obligations and other obligations under this Lease shall not in any way restrict, limit, or modify the Tenant's indemnification obligations under this Lease and are independent of the Tenant's indemnification and other obligations under this Lease. 8.2.5 Survival of Indemnification and Defense Obligations. The indemnity and defense obligations under this Lease shall survive the expiration or earlier termination of this Lease, until all claims against any of the Indemnitees involving any of the indemnified matters are fully, finally, absolutely and completely barred by applicable statutes of limitations. 8.2.6 Independent Duty to Defend. The duty to defend under this Lease is separate and independent of the duty to Indemnify. The duty to defend includes claims for which an Indemnitee may be liable without fault or strictly liable. The duty to defend applies immediately upon notice of a Claim, regardless of whether the issues of negligence, liability, fault, default or other obligation on the part of the Indemnitor or the Indemnitee have been determined. The duty to defend applies immediately, regardless of whether the hidernnitee has paid any amounts or incurred any detriment arising out of or relating (directly or indirectly) to any claims. It is the express intention of the Parties that an Indemnitee be entitled to obtain summary adjudication or summary judgment regarding an hidemnitor's duty to defend the Indemnitee, at any stage of any claim or suit, within the scope of the Indemnitor's indemnity obligations under this Lease. 8.3 Indemnification Procedures. Wherever this Lease requires any hndemnitor to Indemnify any Indemnitee: 8.3.1 Prompt Notice. The Indemnitee shall promptly Notify the Indemnitor of any claim. To the extent, and only to the extent, that the Indemnitee fails to give prompt Notice of a Claim and such failure materially prejudices the Indemnitor in providing indemnity for such claim, the Indemnitor shall be relieved of its indemnity obligations for such claim. 8.3.2 Selection of Counsel. The Indemnitor shall select counsel reasonably acceptable to the Indemnitee. Counsel to Indemnitor's insurance carrier that is providing coverage Page122