Landlord Indemnity and Waiver of Claims Clause
(Commercial Lease) (Pro-Tenant)

Summary

This landlord indemnity and waiver of claims clause may be included in a commercial lease to allocate to the landlord the risk of claims for injury or damage related to the landlord's overall property, including common areas, but excluding the tenant's leased premises. This clause includes practical guidance, drafting notes, and an alternate clause. Commercial leases nearly always contain clauses whereby the tenant agrees to indemnify the landlord because the tenant is in possession and control of the leased premises, and the landlord requires protection from third-party claims that may be asserted simply because it is the owner of the property. While a commercial landlord often resists indemnifying the tenant, landlord indemnifications are included in leases when the tenant has relatively strong negotiating power. Landlord indemnity provisions in commercial leases require the landlord to indemnify, and often defend, the tenant against certain losses or claims for property damage or personal injury. This clause incorporates a waiver of claims whereby the landlord waives claims against the tenant. The clause is non-jurisdictional and local counsel should be consulted to ensure compliance with local law. This clause is drafted from the tenant's perspective but includes drafting notes from the landlord's perspective. For a landlord indemnity and waiver of claims clause drafted from a landlord's perspective, see Landlord Indemnity and Waiver of Claims Clause (Commercial Lease) (Pro-Landlord). For templates of a tenant indemnity and waiver of claims clause, see Tenant Indemnity and Waiver of Claims Clause (Commercial Lease) (Pro-Tenant) and Tenant Indemnity and Waiver of Claims Clause (Commercial Lease) (Pro-Landlord). For a template of a mutual indemnity and waiver of claims clause, see Mutual Indemnity and Waiver of Claims Clause (Commercial Lease) (Pro-Tenant). For more information on the use of indemnification clauses in leases, see Indemnity and Other Risk Allocation Mechanisms in Commercial Leases, Office Lease Agreements and Retail Lease Agreements. For examples of indemnity clauses in commercial leases, see Office Lease Agreement and Retail Lease Agreement (Long Form). For further information on commercial leasing, see Industrial Leasing Resource Kit, Office Leasing Resource Kit, Restaurant Leasing Resource Kit, and Retail Leasing Resource Kit. See also Junior Associate Real Estate Resource Kit (Commercial Leasing).