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2019 NY Slip Op 51591

Citation
2019 NY Slip Op 51591
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,771 chars
— Loss, Damage, Reimbursement, Indemnity," provides, in pertinent part, as
follows:

"Owner or its agents shall not be liable . . . for any injury or damage to persons or
property resulting from any cause of whatsoever nature caused by or due to the negligence of
Owner, its agents, servants or employees . . . Tenant shall indemnify and save harmless Owner
against and from all liabilities, obligations, damages, penalties, claims, costs and expenses for
which Owner shall not be reimbursed by insurance, including reasonable attorneys fees, paid,
suffered or incurred as a result of any breachby Tenant . . . of any covenant or condition or this
lease, or the carelessness, negligence or improper conduct of the Tenant . . . In case any action or
proceeding is brought against Owner by reason of any such claim, Tenant, upon written notice
from Owner, will, at Tenant's expense, resist or defend such action or proceeding by counsel
approved by Owner in writing, such approval not to be unreasonably
withheld."
Paragraph 19 of the lease, entitled "Fees and Expenses,"
provides, in pertinent part, as follows:

"If Tenant shall default in the observance or performance of any term or covenant
on Tenant's part to be observed or performed under or by virtue of any of the terms or provisions
in any article of this lease, then, unless otherwise provided elsewhere in this lease, Owner may
immediately or at any time thereafter and without notice perform the obligations of Tenant
thereunder. If Owner, in connection with the foregoing . . . makes any expenditures or incurs any
obligations for the payment of money, including but not limited to attorney's fees, in instituting,
prosecuting or defending any action or proceeding, then Tenant will reimburse Owner for such