Q: What does this indemnity clause exactly mean and is it legal ?
I am a tenant who leases a commercial space and my lease indemnity clause states:
("The LESSEE shall save the LESSOR harmless from all loss and damage occasioned by anything occurring in, on or about the leased premises unless caused by the negligence or misconduct of the LESSOR")
I have 2 questions:
1)I understand what ("in and on") the leased premise means but, what exactly does ("about") mean and
does it basically mean outside the vicinity of the leased premise possibly like the exterior yard which I formally do not lease but have been given consent to access by the landlord to dispose of trash in the dumpster and also possibly the front sidewalk that borders my leased space (that further I am responsible to clean snow during the winter)?
2) Can such a term ("about") be legally added to a indemnification clause, making a tenant responsible to indemnify a landlord not just inside the leased premise but also outside of it?
Thank you
A:
The term "about" in your lease's indemnity clause generally extends the area of responsibility beyond the physical bounds of your leased premises. It could indeed cover areas immediately adjacent to your space, such as the exterior yard you mentioned for disposing of trash or the sidewalk you're required to maintain, especially when these areas are directly related to your use of the leased property.
In terms of legality, the inclusion of the word "about" to extend the scope of indemnity outside the leased premises is not uncommon in commercial leases and can be legally enforceable. This provision aims to protect the landlord from liabilities arising from the tenant's use of the property, even in areas not formally leased but accessible to or used by the tenant. However, the specific enforceability and interpretation can vary by jurisdiction and the exact wording of the clause.
If you're concerned about the implications of this clause for your responsibilities and potential liabilities, it might be wise to consult with a legal professional. They can offer advice tailored to your situation, the local laws, and how courts in your area have interpreted similar clauses. Understanding your lease in its entirety is crucial to safeguarding your interests.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
