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
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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.
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