A server at Nava Restaurant1 slipped and fell on some stairs at work and injured his left hand. He brought suit against the restaurant property owner, Crescent One Buckhead Plaza, L. P., claiming negligent maintenance of the stairs and breach of the duty to keep the premises safe. Crescent One tendered the suit to Nava and its insurer based on language in Nava’s lease and because Crescent One is listed as an additional insured under Nava’s public liability insurance policy. After tender was rejected, Crescent One sought and received permission to file a third-party claim against Nava and its insurer, under the lease and insurance policy, for contribution and indemnification from the plaintiff’s claims. In response to cross-motions for summary judgment between the third parties to the suit, the trial court ruled in favor of Crescent One. Nava and its insurer appeal. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Citations omitted. Matjoulis v. Integon Gen. Ins. Corp ., 226 Ga. App. 459 1 486 SE2d 684 1997. The undisputed facts show that Cresent One and Nava are parties to a lease. The lease provides that Nava must indemnify and hold Crescent One harmless from any loss caused by Nava unless the loss results solely from proven negligence by Crescent One: Section 4. 6 b provides that Nava must Indemnify and hold Landlord harmless from and against any and all loss, cost, damage, expense or liability whatsoever, including, without limitation, court costs and reasonable attorneys’ fees, imposed on Landlord by any person whomsoever, caused in whole or in part by an act or omission of Tenant or its agents, employees, invitees, licensees, contractors, subtenants or assignees; provided, however, that in no event shall Tenant be required to indemnify Landlord against losses resulting from affirmative acts of proven negligence solely on the part of Landlord. . . . In a similar vein, the lease also provides that Nava was required to have liability insurance that listed Nava and Crescent One as “named insureds.” Section 4.12 provides:
Tenant shall keep in force at Tenant’s expense public liability insurance, including personal injury, products liability and independent contractors coverage, for Tenant and Landlord, as named insureds, covering the Premises, use thereof by Tenant or its agents, employees or licensees. The parties agree that Buckhead Life Restaurant Group, Inc. obtained such insurance from Transcontinental Insurance Company, Inc. “TIC”. The policy identifies various parties as “Named Insureds” and as “Additional Named Insureds,” including Nava. But the parties also agree that Crescent One was named only as an “Additional Insured” under the policy’s “Noncontractor’s Additional Insured Endorsement.” The Noncontractor’s Endorsement states that “who is an insured” under the policy includes “additional insureds” “whom you are required to add as an additional insured on this policy under a written contract or written agreement. . . .” And the endorsement goes on to provide that with respect to these “additional insureds,” the policy shall provide excess coverage over any other policy unless a written agreement specifically requires the TIC coverage to be primary:
