Common use of COVENANT TO HOLD HARMLESS Clause in Contracts

COVENANT TO HOLD HARMLESS. Tenant covenants to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys’ fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the Leased Premises or the occupancy or use by Tenant of the Leased Premises or any part thereof, or arising from or out of Tenant’s failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.03, the Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Shopping Center. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 101 et. seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGE

COVENANT TO HOLD HARMLESS. Tenant covenants hereby indemnifies and agrees to indemnify hold harmless Landlord, the underlying lessor, if any, and their respective its officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless agents, and any mortgagee or master lessor of the Shopping Center and/or the Retail Development (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) herein, collectively, "Landlord's Indemnitees"), from and against any and all claims, actions, damages, liability, cost and expense, including attorneys’ ' fees, that (i) arise from or are in connection with all lossesthe possession, including loss of lifeuse, personal injury and/or damage to propertyoccupancy, arising from management, repair, maintenance or out of any occurrence in, upon or at the Leased Premises or the occupancy or use by Tenant control of the Leased Premises Premises, or any part portion thereof, or arising (ii) arise from or out of Tenant’s failure to comply are in connection with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant or Tenant's agents, its concessionaires, agentsemployees, contractors, supplierslicensees or invitees, employeesor (iii) result from any default, servantsbreach, customers violation or licensees. For the purpose nonperformance of this Section 11.03Lease or any provision hereof by Tenant, or (iv) result from injury to person or property or loss of life sustained in or about the Leased Premises shall include the service areas adjoining the same Premises. Tenant shall, at its own cost and the loading platform area allocated to the use of Tenant expense, defend any and the parking facilities servicing the Shopping Center. In case all actions, suits and proceedings which may be brought against Landlord or any other party so indemnified of Landlord's Indemnitees with respect to the foregoing. Tenant shall pay, satisfy and discharge any and all judgments, orders and decrees which may be received against Landlord or any of Landlord's Indemnitees in connection with the foregoing. In the event Landlord or any of Landlord's Indemnitees, shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 101 et. seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ ' fees incurred or paid by such party party(ies) in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGE.

COVENANT TO HOLD HARMLESS. Tenant covenants to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including reasonable attorneys’ ' fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the Leased Premises leased premises or the occupancy or use by Tenant of the Leased Premises leased premises or any part thereof, or arising from or out of Tenant’s 's failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.03, the Leased Premises leased premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Shopping Center. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ ' fees in connection with relief of Xxxxxx Tenant ordered pursuant to the Bankruptcy Code (11 USC § (S) 101 et. seq.), then Tenant shall --- --- protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ ' fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by XxxxxxxxLandlord, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGELandlord covenants to indemnify Tenant, and save it harmless (except for loss or damage resulting from the negligence of Tenant, its agents or employees) from and against any and all claims, actions, damages, liability and expense, including attorneys' fees, in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence (other than any occurrence caused by Tenant, its agents or employees or arising in connection with Tenant's business operations) in the common areas of the Shopping Center.

COVENANT TO HOLD HARMLESS. Landlord shall be defended and held harmless by Tenant covenants from any liability or claims for damages to indemnify any person or any property in or upon the Premises unless caused by the willful act of Landlord, including but not limited to the underlying lessor, if any, person and their respective property of Tenant and its officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys’ fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the Leased Premises or the occupancy or use by Tenant of the Leased Premises or any part thereof, or arising from or out of Tenant’s failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.03, the Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Shopping Center. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 101 et. seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all expenses incurred by Landlord in defending any such claim or action, including without limitation attorney fees of Landlord and any judgment or court costs. All property kept, expenses stored or maintained in the Premises shall be so kept, stored or maintained solely at the risk of Tenant. Except for loss, injury or damage caused solely by the willful misconduct or gross negligence of Landlord, its employees, contractors, or agents, the Landlord shall not be liable for damage caused by hidden defects or failure to keep said Premises in repair, and reasonable attorneys’ fees incurred shall not be liable for any damage done or paid occasioned by such party or from plumbing, gas, water, steam, or other pipes, or sewerage, or the bursting or leaking of plumbing or of any plumbing or heating fixtures or waste or soil pipe existing in connection with such litigationthe Building or Premises, nor for damage occasioned by water, nor for any damages arising from negligence of co-tenants or other occupants of the Building, or the agents, employees or servants of any of them, or of any owners or occupants of adjacent or contiguous property. The Landlord shall have not be liable for any injury to the right to engage Tenant, its own attorneys in connection with any of the provisions of this Section 11.03 employees and agents or any other provision person, occurring on said Premises, irrespective of this Leasewhether said injury is caused by a defect in said Premises or by reasons of said Premises becoming out of repair or arising from any other cause whatsoever, includingand the Landlord shall not be liable for damage to Tenant’s property or to the property of any other person which may be located in or upon said Premises and the Tenant agrees to indemnify, without limitationdefend, and save harmless the Landlord from any defense and all claims arising out of Landlord injuries to persons or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGEproperty occurring on said Premises.

COVENANT TO HOLD HARMLESS. Tenant covenants ARTICLE XXIII. Lessee indemnifies and agrees to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them Lessor harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actionsliability, damages, liability, cost costs and expenseexpenses of whatever nature, including attorneys’ but not limited to reasonable attorney's and accountant's fees, in connection with all losses, including loss and/or costs of life, personal injury and/or damage to property, other consultants or experts arising from or out of any occurrence in, upon or at the Leased Premises or the occupancy or use by Tenant conduct of the Leased business and/or operation by Lessee or from any default on the part of Lessee in the performance or failure to perform any agreement, obligation and/or covenant to be performed pursuant to the terms of this Lease, or from any act of negligence whether by omission or commission of Lessee, its agent, contractor, employee, sublessee, concessionaire, licensee or invitee in or about the Premises or any part thereof, or arising from or by virtue of Lessee's possession, use and/or control over the Premises or the conduct of its business in or therefrom. In the event Lessee has insurance, Lessor shall first look to Lessee’s insurance and to the extent Lessor is able to recover entirely under Lessee’s insurance, Lessee shall have no personal liability. However, to the extent Lessee’s insurance is inadequate (for any reason including the insurance company’s refusal to pay) to reimburse Lessor for Lessor’s damages, Lessee shall be liable for same. Except to the extent directly caused by the negligence of Lessor and/or its agents and/or resulting from Lessor or its agents failure to perform an act required of Lessor under this Lease, if any action, claim or proceeding is brought against Lessor by reason of any such action, claim or proceeding, Lessee covenants to defend such action, claim or proceeding at Lessee's sole cost and expense. Lessor shall not be liable, and Lessee waives and releases all claims for damage to person or property sustained by Lessee, Lessee's employees, invitees and customers, resulting from the Premises, or any equipment or appurtenance, becoming out of Tenant’s failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.03, the Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Shopping Center. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenantrepair, or if Landlord resulting from any accident in or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, about said building or the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 101 etPremises. seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by such party in connection with such litigation. Landlord Lessor shall have the right to engage its own attorneys choose and appoint legal counsel should same become necessary as a result of the provisions hereof. Lessor indemnifies and agrees to hold Lessee harmless against any claims, liability, damages, costs and expenses of whatsoever nature, including but not limited to, reasonable attorneys’ fees and/or costs of other consultants or experts arising from the negligent conduct of Lessor in connection with any the Premises. In the event of a claim against Lessor, Lessee shall first look to Lessor’s insurance and to the extent Lessee is able to recover entirely under Lessor’s insurance, Lessor shall have no personal liability. However, to the extent Lessor’s insurance is inadequate to reimburse Lessee for Lessee’s damages, Lessor shall be liable for same. Any liability of the provisions of this Section 11.03 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of Lessor shall be limited to Lessor's interest in the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGEPremises.

COVENANT TO HOLD HARMLESS. (a) Tenant covenants to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) it harmless, from and against any and all claims, actions, damages, liability, cost liability and expense, including attorneys’ legal fees, in connection with all losses, including loss of life, personal injury and/or damage to property, property (i) arising from or out of any occurrence in, upon or at the Leased Premises Demised Premises; or (ii) arising from or out of the occupancy or use by Tenant Tenant, Tenant’s agents, contractors, employees, servants, customers, licensees or invitees, of the Leased Demised Premises or Common Areas or any part thereof, ; or arising from or out of Tenant’s failure to comply with any provision of this Lease or (iii) occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers customers, licensees or licenseesinvitees. For Landlord shall not be responsible or liable for any damage or injury to any property, fixtures, buildings or other improvement, or to any person or persons, at any time on the purpose Demised Premises, including any damage or injury to Tenant or to any of this Section 11.03Tenant’s agents, the Leased Premises shall include the service areas adjoining the same contractors, employees, servants, customers, licensees or invitees. The foregoing indemnity and the loading platform area allocated to the use hold harmless obligations of Tenant and the parking facilities servicing the Shopping Center. In case exculpation of Landlord or any other party so indemnified shall, without fault, be made a party shall not apply to any litigation commenced by occurrence to the extent resulting from (i) the gross negligence or against Tenantwilful misconduct of Landlord, its agents, contractors, employees, servants, customers, licensees or if Landlord invitees or any such party shall(ii) acts or omissions of Landlord, in its sole discretionLandlord’s agents, determine that it must intervene in such litigation to protect its interest hereundercontractors, includingemployees, without limitationservants, the incurring of costs, expenses, and attorneys’ fees licensees or invitees in connection with relief of Xxxxxx ordered pursuant to services provided under Sections 4(f) or 28 hereof, the Bankruptcy Code (11 USC § 101 et. seq.), then Tenant shall protect Oshawa Labour and Management Services Agreement or the ASA; and Landlord will indemnify and hold them harmless by attorneys satisfactory Tenant to such extent. Provided however that Tenant acknowledges that it shall nevertheless be liable for the acts and/or omissions of third party contractors and for the gross negligence and/or willful misconduct of Tenant and its affiliates. Notwithstanding the foregoing, under no circumstances shall Tenant ever be liable for any consequential damages or economic loss. (b) Save as set out in Section 14(a) as to Tenant’s obligation to indemnify, Landlord covenants to indemnify Tenant, and shall pay save it harmless, from and against any and all costsclaims, expenses actions, damages, liability and reasonable attorneys’ fees incurred or paid by such party expense, including legal fees, in connection with such litigation. Landlord shall have loss of life, personal injury and/or damage to property which are attributable solely to the right to engage its own attorneys in connection with gross negligence or wilful misconduct of Landlord: (i) arising from or out of any occurrence in, upon or at the Common Areas or the occupancy or use by Landlord, Landlord’s agents, contractors, employees, servants, customers, licensees or invitees, of the provisions of this Section 11.03 Common Areas or any other provision part thereof, or (ii) occasioned wholly or in part by any act or omission of this LeaseLandlord, includingits agents, without limitationcontractors, employees, servants, customers, licensees or invitees. Notwithstanding the foregoing, under no circumstances shall Landlord ever be liable for any defense of Landlord consequential damages or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGEeconomic loss.

COVENANT TO HOLD HARMLESS. Tenant covenants to shall indemnify Landlord, the underlying lessor, if any, and their respective its officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys’ fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of (a) any occurrence in, upon or at the Leased Premises or Premises, (b) the occupancy or use by Tenant of the Leased Premises or any part thereof, or arising from or out of (c) Tenant’s failure to comply with any provision of this Lease or occasioned wholly or in part by Lease, (d) any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licenseeslicensees and any person or entity conducting business in the Premises, or (e) any Hazardous Materials installed or introduced into the Premises or The Gardens by Tenant (or by others at Tenant’s sufferance or with Tenant’s permission) in whole or in part. For the purpose of this Section 11.03hereof, the Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant. All property kept, stored or maintained in the Premises shall be so kept, stored or maintained at the risk of Tenant and the parking facilities servicing the Shopping Centeronly. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § §101 et. seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 11.04 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the StateState of Florida. The foregoing provisions of this Section 11.04 shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGE.

COVENANT TO HOLD HARMLESS. Tenant Contractor covenants to defend and indemnify LandlordAirports Authority, the underlying lessor, if any, and their respective officers, its directors, stockholders, beneficiariesofficers, partners, shareholders, members, managers, representatives, management companies, agents and employees, and save them harmless (except for to the extent of loss or damage resulting solely from the intentional or willful acts or omissions or the gross negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XIAirports Authority) from and against any and all claims, actions, demands, judgments, awards, fines, mechanics' liens or other liens, losses, damages, liability, cost liability and expense, including attorneys’ fees' fees and court costs, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the Leased Premises or the occupancy or use by Tenant of the Leased Premises or any part thereof, or arising from or out of Tenant’s Contractor's failure to comply with any provision of this Lease Lease, or arising from or out of any occurrence, upon or at the Premises or the Airport, or any part thereof, or the occupancy or use by Contractor of the Premises or the Airport or any part thereof, or occasioned wholly or in part by any act or omission of TenantContractor, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licenseeslicensees and including any product liability claim or any labor dispute involving Contractor or its contractors and agents. For the purpose of this Section 11.03purposes hereof, the Leased Premises shall include the any service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Shopping Centersame. In case Landlord Airports Authority or any other party so indemnified shall, without fault, shall be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 101 et. seq.)Contractor, then Tenant Contractor shall defend, indemnify, protect and hold save them harmless by attorneys satisfactory to Landlord and shall pay pay, as the same becomes due and payable, all costs, losses, expenses and reasonable attorneys’ ' fees and court costs incurred or paid by such party them in connection with such litigation. Landlord If any portion of Contractor's Premises, Fixed Improvements or Operating Equipment is damaged by the gross negligence of the Airports Authority’s officers, employees or agents, the Airports Authority shall reimburse the Contractor for the reasonable repair costs of such damage. Airports Authority shall have no liability to the right Contractor for any such damage. In addition to engage the foregoing indemnity, if Airports Authority, or any of its own attorneys respective directors, officers, partners, shareholders, representatives, management company, agents and employees, is deemed to be in connection noncompliance with any federal, state or Authority laws, regulations or directives governing airport security or access to secure areas of the Airport, and said non-compliance is the result of or due to the act or omission of Contractor or any of Contractor's agents, employees, licensees or contractors, the Contractor shall hold Airports Authority and its directors, officers, partners, shareholders, members, managers, representatives, management company, agents and employees, harmless from any claims, losses, actions, demands, judgments, awards, fines, damages, liability and expenses, including attorneys' fees and court costs , arising out of said non-compliance. Contractor shall be given notice of any matter covered hereunder. The provisions of this Section 11.03 12.3 shall survive the expiration, termination or any other provision earlier cancellation of this Lease, including, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGE.

COVENANT TO HOLD HARMLESS. Tenant covenants to shall indemnify Landlord, the underlying lessor, if any, and their respective its officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys’ fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of (a) any occurrence in, upon or at the Leased Premises or Premises, (b) the occupancy or use by Tenant of the Leased Premises or any part thereof, or arising from or out of (c) Tenant’s failure to comply with any provision of this Lease or occasioned wholly or in part by Lease, (d) any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licenseeslicensees and any person or entity conducting business in the Premises, or (e) any Hazardous Materials installed or introduced into the Premises or The Mall at Millenia by Tenant (or by others at Tenant’s sufferance or with Xxxxxx’s permission) in whole or in part. For the purpose of this Section 11.03hereof, the Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant. All property kept, stored or maintained in the Premises shall be so kept, stored or maintained at the risk of Tenant and the parking facilities servicing the Shopping Centeronly. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § §101 et. seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 11.04 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the StateState of Florida. The foregoing provisions of this Section 11.04 shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGE.

COVENANT TO HOLD HARMLESS. Tenant covenants to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys’ ' fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the Leased Premises leased premises or the occupancy or use by Tenant of the Leased Premises leased premises or any part thereof, or arising from or out of Tenant’s 's failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.0311.3, the Leased Premises leased premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Shopping CenterDevelopment. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ ' fees in connection with relief of Xxxxxx Tenant ordered pursuant to the Bankruptcy Code (11 USC § ss. 101 et. et seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ ' fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 11.3 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by XxxxxxxxLandlord, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGE.

COVENANT TO HOLD HARMLESS. Tenant covenants agrees to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents hold Landlord harmless against and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expenseexpenses, including attorneys’ reasonable attorney's fees, arising from the conduct or management of the business conducted by Tenant in connection with all lossesthe Leased Premises or from any breach or default on the part of the Tenant in the performance of any covenant or agreement to be performed by Tenant pursuant to the terms of this lease, including or from any act of negligence of Tenant, its agent, contractors, servants, employees, sublessees, concessionaires or licensees in or about the Leased Premises. In the event any action or proceeding is brought against the Landlord by reason of any such claim, Tenant, upon notice from Landlord, covenants to defend such action or proceeding and employ legal counsel satisfactory to Landlord. Landlord shall not be responsible or liable for damages at any time to Tenant, or to those claiming by, through or under Tenant, for any loss of life, bodily or personal injury and/or injury, or damage to propertyproperty or business, arising from or out for business interruption, that may be occasioned by or through the acts, omissions or negligence of any occurrence inother persons, upon or any sub-tenants or occupants of any portion of the Leased Premises. Landlord shall not be responsible or liable for damages at any time for any defects, latent or otherwise, in any buildings or improvements in the Leased Premises or any of the occupancy equipment, machinery, utilities, appliances or use apparatus therein, nor shall Landlord be responsible or liable for damages at any time for loss of life, or injury or damage to any person or to any property or business of Tenant, or those claiming by, through or under Tenant, caused by Tenant or resulting from the bursting, breaking, leaking, running, seeping, overflowing or backing up of water, steam, gas sewage, snow or ice in any part of the Leased Premises or any part thereofcaused by or resulting from acts of God or the elements, or arising resulting from any defect or out negligence in the occupancy, construction, operation or use of Tenant’s failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.03, the Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Shopping Center. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against TenantPremises, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 101 et. seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 equipment, fixtures, machinery, appliances or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGEapparatus therein.

COVENANT TO HOLD HARMLESS. Tenant covenants to indemnify ~ Landlord, the underlying lessor, if any, and their respective officers, directors~ors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and anu all claims, actions, damages, liability, cost and expense, including attorneys’ ' fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the Leased Premises leased premises or the occupancy or use by Tenant of the Leased Premises leased premises or any part thereof, or arising from or out of Tenant’s 's failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.03, the Leased Premises leased premises shall include the service areas adjoining the same and the loading platform area allocated to the use ~use of Tenant and Tenant~the parking facilities servicing the Shopping Center. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ ' fees in connection with relief of Xxxxxx Tenant ordered pursuant to the Bankruptcy Code (11 USC § ~ 101 et. seq~ seci.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ ' fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by XxxxxxxxLandlord, notwithstanding any contrary provisions or court decisions of the State. State The foregoing provisions of this Section shall survive the expiration or earlier termination of Cf the term of this Lease. S16 COMMON AREA CHARGE_________ _____

COVENANT TO HOLD HARMLESS. Tenant covenants to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys’ fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the Leased Premises or the occupancy or use by Tenant of the Leased Premises or any part thereof, or arising from or out of Tenant’s failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.03, the Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Shopping Center. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 101 et. seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE

COVENANT TO HOLD HARMLESS. (a) Tenant covenants covenants, to the extent permitted by applicable law, to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, its partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost liability and expense, expense including attorneys’ feesthe attorney's fees of counsel designated by Xxxxxx and approved by Landlord whose approval will not be unreasonably withheld, in connection with all losses, including loss of life, personal injury and/or damage to propertyproperty (except for loss or damage to the extent caused by the negligence, willful misconduct or bad faith of Landlord or its agents, officers, employees, or persons acting on Landlord's behalf) to the extent arising from or out of any occurrence in, upon or at the Leased Premises or the occupancy or use by Tenant of the Leased Premises or any part thereof, or arising from or out of Tenant’s 's failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of omission, including negligent acts or omissions, by Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.03, the Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Shopping Center. In case Landlord or any other party so indemnified shall, without fault, shall be made a party to any litigation commenced by or against Tenant, or if other than an action by Tenant against Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, enforce Landlord's obligations under this Lease and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant which does not include claims subject to the Bankruptcy Code (11 USC § 101 et. seq.)indemnification obligations of Tenant stated herein, then Tenant shall protect and hold them Landlord or any other party indemnified under this Section harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ attorney's fees incurred or paid by such party them in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 or . (b) Notwithstanding any other provision provisions of this Lease, including, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions the obligations of the State. The foregoing provisions Tenant pursuant to this Section 5.07 shall remain in full force and effect after the termination of this Section shall survive Lease until the expiration or earlier termination of the term period stated in the applicable statute of this Lease. S16 COMMON AREA CHARGElimitations during which a claim, cause of action or prosecution relating to the matters herein described may be brought and the payment in full or the satisfaction of such claim, cause of action or prosecution and the payment of all expenses and charges incurred by the Landlord, or its officers, partners, employees, servants or agents, relating to the enforcement of the provisions herein specified.

COVENANT TO HOLD HARMLESS. Tenant covenants to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys’ fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the Leased Premises or the occupancy or use by Tenant of the Leased Premises or any part thereof, or arising from or out of Tenant’s failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.03, the Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Shopping Center. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 101 et. seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGE.

COVENANT TO HOLD HARMLESS. Landlord and Tenant covenants covenant to mutually indemnify Landlord, the underlying lessor, if any, and other and/or their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employeesagents, and save them the other harmless (except for loss or damage resulting solely from the negligence or willful misconduct of Landlord and not required to be insured against by Tenant pursuant to this Article XIor Tenant, their respective agents or employees, or other tenants) from and against any and all claims, actions, damages, liability, cost liability and expense, including attorneys’ ' fees, in connection with all losses, including loss of life, personal bodily injury and/or damage to property, property arising from or out of any occurrence in, upon or at the Leased Premises or the occupancy or use by Tenant of the Leased Premises or any part thereof, or arising from or out of Tenant’s 's failure to comply with any provision of this Lease Section 8.02B hereof, or occasioned wholly or in part by any act or omission of Landlord or Tenant, its concessionaires, their respective agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.03hereof, the Leased Premises shall include the service areas, sidewalks, or other areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Shopping Centerwhich are under Tenant's control. In case Landlord or any other party so indemnified shall, without faultfault on its part, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 101 et. seq.), then Tenant shall protect and hold them it harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ ' fees incurred or paid by such party Landlord in connection with such litigation. In case Tenant shall, without fault on its part, be made a party to any litigation commenced by or against Landlord, then Landlord shall have the right to engage its own protect and hold it harmless and pay all costs, expenses and reasonable attorneys fees incurred or paid by Tenant in connection with any such litigation. In the event of the provisions of this Section 11.03 or any other provision of litigation concerning this Lease, includingthe prevailing party shall be entitled to receive from the other party all costs, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of expenses and reasonable attorneys' fees that may be incurred in enforcing the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of covenants and agreements in this Lease. S16 COMMON AREA CHARGE.

COVENANT TO HOLD HARMLESS. Except with respect to the gross negligence or wilful misconduct of Landlord its agents or employees (unless covered or required to be covered by Tenant's insurance), Tenant covenants hereby indemnifies and agrees to indemnify hold harmless Landlord, the underlying lessor, if any, and their respective its officers, directors, stockholders, beneficiaries, partners, representatives, employees and agents and employeesany mortgagee or master lessor of the Shopping Center, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liabilityliabilities, costs and expenses, including attorneys' fees, that (i) arise from or are in connection with the possession, use, occupancy, management, repair, maintenance or control of the Leased Premises, or any portion thereof, or (ii) arise from or are in connection with any negligent or wrongful act or omission of Tenant or Tenant's agents, employees, contractors, licensees or invitees, or (iii) result from any default, breach, violation or nonperformance of this Lease or any provision hereof by Tenant, or (iv) result from injury to person or property or loss of life sustained in the Leased Premises or outside of the Leased Premises resulting from acts or omissions within the Leased Premises. Tenant shall, at its own cost and expense, including attorneys’ feesdefend any and all actions, suits and proceedings which may be brought against Landlord or any mortgagee or master lessor of the Shopping Center with respect to the foregoing. Tenant shall pay, satisfy and discharge any and all judgments, orders and decrees which may be received against Landlord or any such mortgagee or master lessor in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the Leased Premises or the occupancy or use by Tenant of the Leased Premises or any part thereof, or arising from or out of Tenant’s failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.03, the Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Shopping Centerforegoing. In case Landlord the event landlord or any other party so indemnified indemnified, shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 101 et. seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGEsole

COVENANT TO HOLD HARMLESS. Tenant covenants Except with respect to indemnify the negligence or willful misconduct of Landlord, the underlying lessorits agents or employees (unless covered or required to be covered by Tenant's insurance), if anyTenant hereby indemnifies and agrees to hold harmless Landlord, and their respective its officers, directors, stockholders, beneficiaries, partners, representatives, employees and agents and employeesany mortgagee or master lessor of the Shopping Center, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liabilityliabilities, cost costs and expenseexpenses, including attorneys’ ' fees, that (i) arise from or are in connection with all lossesthe possession, including loss of lifeuse, personal injury and/or damage to propertyoccupancy, arising from management, repair, maintenance or out of any occurrence in, upon or at the Leased Premises or the occupancy or use by Tenant control of the Leased Premises Premises, or any part portion thereof, or arising (ii) arise from or out of Tenant’s failure to comply are in connection with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant or Tenant's agents, its concessionaires, agentsemployees, contractors, supplierslicensees or invitees, employeesor (iii) result from any default, servantsbreach, customers violation or licensees. For the purpose nonperformance of this Section 11.03Lease or any provision hereof by Tenant, or (iv) result from injury to person or property or loss of life sustained in or about the Leased Premises shall include Premises. Tenant shall, at its own cost and expense, defend any and all actions, suits and proceedings which may be brought against Landlord or any mortgagee or master lessor of the service areas adjoining the same and the loading platform area allocated Shopping Center with respect to the use of foregoing. Tenant shall pay, satisfy and discharge any and all judgments, orders and decrees which may be received against Landlord or any such mortgagee or master lessor in connection with the parking facilities servicing the Shopping Centerforegoing. In case the event Landlord or any other party so indemnified indemnified, shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 101 et. seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ ' fees incurred or paid by such party party(ies) in connection with such litigation. Landlord shall have the right hereby indemnifies and agrees to engage save harmless Tenant, its own attorneys officers, directors, partners, employees and agents from and against any and all claims, actions, damages, liabilities, costs and expenses, including attorneys' fees, in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in the common areas of the provisions Shopping Center unless caused by the negligence or willful misconduct of this Section 11.03 Tenant, its agents, contractors, employees, officers, directors, partners, subtenants or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGEconcessionaires.

COVENANT TO HOLD HARMLESS. Tenant covenants to shall indemnify Landlord, the underlying lessor, if any, and their respective its officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys’ fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of (a) any occurrence in, upon or at the Leased Premises or Premises, (b) the occupancy or use by Tenant of the Leased Premises or any part thereof, or arising from or out of (c) Tenant’s failure to comply with any provision of this Lease or occasioned wholly or in part by Lease, (d) any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licenseeslicensees and any person or entity conducting business in the Premises, or (e) any Hazardous Materials installed or introduced into the Premises or Somerset Collection North by Tenant (or by others at Tenant’s sufferance or with Xxxxxx’s permission) in whole or in part. For the purpose of this Section 11.03hereof, the Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant. All property kept, stored or maintained in the Premises shall be so kept, stored or maintained at the risk of Tenant and the parking facilities servicing the Shopping Centeronly. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § §101 et. seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 11.04 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the StateState of Michigan. The foregoing provisions of this Section 11.04 shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGE.

COVENANT TO HOLD HARMLESS. Tenant covenants agrees to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them hold harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and are against any and all claims, actions, damages, liability, cost costs and expenseexpenses, including attorneys’ reasonable attorney's fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from the conduct or out of any occurrence in, upon or at the Leased Premises management or the occupancy or use business conducted by Tenant in the Premises, of from breach or default on the Leased Premises or any part thereofof Tenant in the performance of this Lease, or arising from or out of Tenant’s failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission negligence of Tenant, its concessionaires, agents, contractors, suppliersservants, employees, subleases, concessionaires or licensees in or about the Premises. In the case any action or proceeding brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Neither Landlord nor the Landlord's agents, servants, employees, officers or directors shall be liable, and Tenant waives and releases all claims for damage to person or property sustained by Tenant, or by Tenant's employees, agents, servants, invitees or customers or licenseesby any other occupant of the building in which the Premises are located, or by any other person, resulting from the building or any part thereof or any equipment or appurtenances becoming out of repair, or resulting from any accident in or about the Premises or the buildings, or resulting directly or indirectly from any act or neglect of any other tenant or occupant of the building, or of any other person. For This Article shall apply especially, but not exclusively, to damaged caused by refrigerators, sprinklers devices, air-conditioning apparatus, water, snow, frost, ice stem, excessive heat or cold, sewage, gas, order, or noise or the purpose bursting or leaking of this Section 11.03pipes or plumbing fixtures, and shall apply equally whether any such damage results from the Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use act or neglect of Tenant and the parking facilities servicing the Shopping Center. In case Landlord or of other tenants, occupants or servants in said building or any other party so indemnified shallperson. If any such damage results from any act or neglect of Tenant, without faultLandlord may, be made a party at Landlord's option, repair such damage, whether caused to any litigation commenced by the building or against to Tenants thereof, and Tenant shall thereupon pay to Landlord the total cost of such repairs and damages. All personal property belonging to Tenant, or if Landlord or any such party shall, person in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 101 et. seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 Premises or any other provision part of he building, shall be there at risk of the Tenant or such other persons only, and neither Landlord nor its agents or employees shall be liable for any damage thereto or the theft or misappropriation thereof. Any and all property which may be removed from the Premises by Landlord under this LeaseLease or law, includingto which Landlord is or may be entitled, without limitationmay be handled or removed by Landlord at the risk, cost and expense of Tenant, and Landlord shall in no event be responsible as warehouseman, bailee or otherwise for any property left in the Premises or the building by Tenant, or for the value, preservation or safekeeping thereof. Tenant shall pay to Landlord, upon demand, any defense and all expenses incurred in any such removal of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 COMMON AREA CHARGETenant's property.

COVENANT TO HOLD HARMLESS. Tenant covenants to indemnify Landlord, the underlying lessor, if any, and their respective officers, directors, stockholders, beneficiaries, partners, representatives, agents and employees, and save them harmless (except for loss or damage resulting solely from the negligence of Landlord and not required to be insured against by Tenant pursuant to this Article XI) from and against any and all claims, actions, damages, liability, cost and expense, including attorneys’ fees, in connection with all losses, including loss of life, personal injury and/or damage to property, arising from or out of any occurrence in, upon or at the Leased Premises or the occupancy or use by Tenant of the Leased Premises or any part thereof, or arising from or out of Tenant’s failure to comply with any provision of this Lease or occasioned wholly or in part by any act or omission of Tenant, its concessionaires, agents, contractors, suppliers, employees, servants, customers or licensees. For the purpose of this Section 11.03, the Leased Premises shall include the service areas adjoining the same and the loading platform area allocated to the use of Tenant and the parking facilities servicing the Shopping Center. In case Landlord or any other party so indemnified shall, without fault, be made a party to any litigation commenced by or against Tenant, or if Landlord or any such party shall, in its sole discretion, determine that it must intervene in such litigation to protect its interest hereunder, including, without limitation, the incurring of costs, expenses, and attorneys’ fees in connection with relief of Xxxxxx ordered pursuant to the Bankruptcy Code (11 USC § 101 et. seq.), then Tenant shall protect and hold them harmless by attorneys satisfactory to Landlord and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by such party in connection with such litigation. Landlord shall have the right to engage its own attorneys in connection with any of the provisions of this Section 11.03 or any other provision of this Lease, including, without limitation, any defense of Landlord or intervention by Xxxxxxxx, notwithstanding any contrary provisions or court decisions of the State. The foregoing provisions of this Section shall survive the expiration or earlier termination of the term of this Lease. S16 S17 COMMON AREA CHARGE