Common use of Damage or Injury Clause in Contracts

Damage or Injury. (a) Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all Claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness or death of any person in, on or about the Premises or Property, arising or resulting at any time from the use or occupancy of the Premises or Property by Tenant or its Related Entities, except to the extent that Claims arise or result from (i) the willful misconduct of Landlord or its employees, (ii) the active negligence of Landlord or its employees if such Claims are not covered by insurance, or (iii) any default in the performance of Landlord’s obligations under this Lease. In addition and notwithstanding the foregoing, Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all Claims against Landlord, that arise or result from Landlord’s exercise of its rights pursuant to Section 13.15. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all (i) Physical Condition Claims, (ii) all other Claims claimed or suffered by third parties arising or resulting from the acts or omission of Tenant, its members, or their respective Related Entities (other than Sublessees or their Related Entities), and (iii) Claims claimed or suffered by third parties arising or resulting from any default in the performance of Tenant’s obligations under this Lease. The foregoing notwithstanding, Tenant shall not be required to indemnify and defend Landlord against or hold Landlord harmless from any Claims or defaults arising or resulting from (A) Landlord’s entry on the Premises pursuant to this Lease, (B) the willful misconduct of Landlord or its employees, (C) the active negligence of Landlord or its employees if such Claims are not covered by insurance, or (D) any default in the performance of Landlord’s obligations under this Lease. (c) Except to the extent of Claims against Landlord arising as a consequence of the failure of Tenant, its members, its Affiliates and/or their respective Related Entities to comply with (i) Applicable Laws, (ii) Applicable Policy and Guidance Documents, (iii) the documents and agreements related to the Existing Environmental Conditions, including the MEW Construction Coordination Agreement, the Navy Construction Coordination Document, the documents described in Section 1.98 or the Navy Memorandum of Understanding, (iv) the terms and conditions of any applicable permit or other document related to Tenant’s development, construction and installation of Improvements, Infrastructure or Off-Premises Backbone Infrastructure, or (v) the other applicable terms and conditions of this Lease, then, notwithstanding the provisions of Section 12.1(a) or 12.1(b), Landlord waives and agrees not to make any Claims against Tenant with respect to the Existing Environmental Conditions, including any obligation Landlord may have to perform or contribute to or pay for remediation or removal of the Existing Environmental Conditions or to perform any other obligation of Landlord under any agreements relating to the Existing Environmental Conditions. (d) This Section 12.1 shall survive the termination of this Lease with respect to any Claims occurring as a result of events occurring prior to such termination.

Damage or Injury. (a) Landlord shall not be liable to Tenant, and Tenant ---------------- hereby waives and releases all Claims claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness or death of any person in, on or about the Premises or Property, the Building or the Project arising or resulting at any time and from the use or occupancy of the Premises or Property by Tenant or its Related Entitiesany cause whatsoever, except to the extent that Claims arise caused by the gross negligence or result from (i) the willful misconduct of Landlord or its employees, (ii) the active negligence of Landlord or its employees if such Claims are not covered by insurance, or (iii) any default in the performance of Landlord’s obligations under this Lease. In addition and notwithstanding the foregoing, Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all Claims against Landlord, that arise its agents, employees or result from Landlord’s exercise of its rights pursuant to Section 13.15. (b) contractors. Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to (i) Physical Condition Claimsany use or occupancy of the Premises or any condition of the Premises (provided, that Tenant shall have no responsibility for Hazardous Materials existing on or in the Premises or the Project on the date hereof or hereafter brought onto the Project by Landlord), (ii) all other Claims claimed or suffered by third parties arising or resulting from the acts or omission of Tenant, its members, or their respective Related Entities (other than Sublessees or their Related Entities), and (iii) Claims claimed or suffered by third parties arising or resulting from any default in the performance of Tenant’s 's obligations under this Lease. The foregoing notwithstanding, Tenant shall not be required (iii) any damage to indemnify any property (including property of employees and defend Landlord against invitees of Tenant), or hold Landlord harmless (iv) any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant), in each case which occurs in, on or about the Premises or any part thereof arising at any time and from any Claims cause whatsoever (except to the extent caused by the gross negligence or defaults arising or resulting from (A) Landlord’s entry on the Premises pursuant to this Lease, (B) the willful misconduct of Landlord its agents, employees or its employees, (C) the active negligence of Landlord or its employees if such Claims are not covered by insurancecontractors), or (D) which occurs in, on or about any default in other part of the performance of Landlord’s obligations under this Lease. (c) Except Project to the extent caused by any act or omission of Claims against Landlord arising as a consequence of the failure of TenantTenant or its agents, its membersofficers, its Affiliates and/or their respective Related Entities to comply with (i) Applicable Lawsemployees, (ii) Applicable Policy and Guidance Documentscontractors, (iii) the documents and agreements related to the Existing Environmental Conditions, including the MEW Construction Coordination Agreement, the Navy Construction Coordination Document, the documents described in Section 1.98 invitees or the Navy Memorandum of Understanding, (iv) the terms and conditions of any applicable permit or other document related to Tenant’s development, construction and installation of Improvements, Infrastructure or Off-Premises Backbone Infrastructure, or (v) the other applicable terms and conditions of this Lease, then, notwithstanding the provisions of Section 12.1(a) or 12.1(b), Landlord waives and agrees not to make any Claims against Tenant with respect to the Existing Environmental Conditions, including any obligation Landlord may have to perform or contribute to or pay for remediation or removal of the Existing Environmental Conditions or to perform any other obligation of Landlord under any agreements relating to the Existing Environmental Conditions. (d) licensees. This Section 12.1 ------- 8.1 shall survive the termination of this Lease with respect to any Claims occurring as a result of events damage, --- bodily or personal injury, illness or death occurring prior to such termination. Under no circumstances shall Landlord or Tenant be liable to the other, or to the officers, directors, members, agents or employees of the other, for consequential or exemplary damages arising from or relating to a breach by Landlord or Tenant of its obligations under this Lease.

Damage or Injury. (a) Landlord shall not be liable to ---------------- Tenant, and Tenant hereby waives and releases all Claims claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness or death of any person in, on or about the Premises or Property, the Property arising out of events occurring or resulting at any time from conditions that came into existence during the use or occupancy term of the Premises or Property by Tenant or its Related Entitiesthis Lease, except to the extent that Claims arise caused by the negligence or result from (i) the willful misconduct of Landlord or its Landlord's agents, officers, employees, contractors, tenants, invitees or licensees (ii) the active negligence of Landlord such persons or entities not to include Tenant or its employees if such Claims are not covered by insuranceagents, officers, employees, contractors, subtenants, invitees or (iiilicensees) or out of any default in the performance of Landlord’s obligations under this LeaseLandlord Default. In addition and notwithstanding the foregoing, Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all Claims against Landlord, that arise or result from Landlord’s exercise of its rights pursuant to Section 13.15. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements (i) Physical Condition Claimscollectively, (ii) all other Claims claimed "Losses"), arising from or suffered related to any use or occupancy of the Premises by third parties Tenant or its agents, officers, employees, contractors, invitees or licensees, or any condition of the Premises arising or resulting from the acts an act or omission of TenantTenant or its agents, its membersofficers, employees, contractors, invitees or licensees, or their respective Related Entities (other than Sublessees or their Related Entities), and (iii) Claims claimed or suffered by third parties arising or resulting from any default in the performance of Tenant’s 's obligations under this Lease. The foregoing notwithstanding, Tenant shall not be required or any damage to indemnify any property (including property of employees and defend Landlord against invitees of Tenant) or hold Landlord harmless any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant) occurring in, on or about the Premises or any part thereof arising at any time and from any Claims cause whatsoever (except to the extent caused by the negligence or defaults arising or resulting from (A) Landlord’s entry on the Premises pursuant to this Lease, (B) the willful misconduct of Landlord or its Landlord's agents, officers, employees, (C) the active negligence of Landlord contractors, tenants [such persons or entities not to include Tenant or its employees if such Claims are not covered by insuranceagents, officers, employees, contractors, tenants, invitees or licensees, or (Dout of any Landlord Default]) or occurring in, on or about any default in the performance of Landlord’s obligations under this Lease. (c) Except to the extent of Claims against Landlord arising as a consequence part of the failure Property other than the Premises when such damage, bodily or personal injury, illness or death is caused by any act or omission of TenantTenant or its agents, its membersofficers, its Affiliates and/or their respective Related Entities to comply with (i) Applicable Lawsemployees, (ii) Applicable Policy and Guidance Documentscontractors, (iii) the documents and agreements related to the Existing Environmental Conditions, including the MEW Construction Coordination Agreement, the Navy Construction Coordination Document, the documents described in Section 1.98 or the Navy Memorandum of Understanding, (iv) the terms and conditions of any applicable permit or other document related to Tenant’s development, construction and installation of Improvements, Infrastructure or Off-Premises Backbone Infrastructure, or (v) the other applicable terms and conditions of this Lease, then, notwithstanding the provisions of Section 12.1(a) or 12.1(b), Landlord waives and agrees not to make any Claims against Tenant with respect to the Existing Environmental Conditions, including any obligation Landlord may have to perform or contribute to or pay for remediation or removal of the Existing Environmental Conditions or to perform any other obligation of Landlord under any agreements relating to the Existing Environmental Conditions. (d) This Section 12.1 shall survive the termination of this Lease with respect to any Claims occurring as a result of events occurring prior to such termination.invitees or

Damage or Injury. (a) Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all Claims claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness or death of any person in, on or about the Premises or Property, arising or resulting at any time after the Commencement Date through and including the Expiration Date or earlier termination of this Lease and from the use or occupancy of the Premises or Property by Tenant or its Related Entitiesany cause whatsoever, except to the extent that Claims arise caused by the gross negligence or result from (i) the willful misconduct of Landlord or its employees, (ii) the active negligence of Landlord or its employees if such Claims are not covered by insurance, or (iii) any default in the performance of Landlord’s obligations under this Lease. In addition and notwithstanding the foregoing, Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all Claims against Landlord, that arise or result from Landlord’s exercise of its rights pursuant to Section 13.15. (ba) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees and disbursements, arising from or related to (i) Physical Condition Claimsany use or occupancy of the Premises or any condition of the Premises, excepting any conditions which existed prior to the Commencement Date, (ii) all other Claims claimed or suffered by third parties arising or resulting from the acts or omission of Tenant, its members, or their respective Related Entities (other than Sublessees or their Related Entities), and (iii) Claims claimed or suffered by third parties arising or resulting from any default in the performance of Tenant’s obligations under this Lease. The foregoing notwithstanding, Tenant shall not be (iii) any damage to any property (including property of employees and invitees of Tenant), excepting any casualty loss which is required to indemnify and defend be insured against by Landlord against or hold Landlord harmless from any Claims or defaults arising or resulting from (A) Landlord’s entry on the Premises pursuant to this Lease, or (Biv) any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant), in each case which occurs in, on or about the Premises or any part thereof arising at any time after the Commencement Date through and including the Expiration Date or earlier termination of this Lease and from any cause whatsoever (except to the extent caused by the gross negligence or willful misconduct of Landlord or its employees, (C) the active negligence of Landlord or its employees if such Claims are not covered by insuranceLandlord), or (D) which occurs in, on or about any default in other part of the performance of Landlord’s obligations under this Lease. (c) Except Premises to the extent caused by any act or omission of Claims against Landlord arising as a consequence of the failure of TenantTenant or its agents, its membersofficers, its Affiliates and/or their respective Related Entities to comply with (i) Applicable Lawsemployees, (ii) Applicable Policy and Guidance Documentscontractors, (iii) the documents and agreements related to the Existing Environmental Conditions, including the MEW Construction Coordination Agreement, the Navy Construction Coordination Document, the documents described in Section 1.98 invitees or the Navy Memorandum of Understanding, (iv) the terms and conditions of any applicable permit or other document related to Tenant’s development, construction and installation of Improvements, Infrastructure or Off-Premises Backbone Infrastructure, or (v) the other applicable terms and conditions of this Lease, then, notwithstanding the provisions of Section 12.1(a) or 12.1(b), Landlord waives and agrees not to make any Claims against Tenant with respect to the Existing Environmental Conditions, including any obligation Landlord may have to perform or contribute to or pay for remediation or removal of the Existing Environmental Conditions or to perform any other obligation of Landlord under any agreements relating to the Existing Environmental Conditions. (d) licensees. This Section 12.1 8.1 shall survive the termination of this Lease with respect to any Claims occurring as a result of events damage, bodily or personal injury, illness or death occurring prior to such termination. (b) Landlord shall indemnify, defend, protect, and hold harmless Tenant, its trustees, members, principals, beneficiaries, partners, officers, directors, shareholders, employees and agents from any and all loss, cost, damage, expense and liability including without limitation court costs and reasonable attorneys’ fees arising out of or in connection with (i) any breach or default by Landlord in the performance of any of its obligations under this Lease or (ii) Landlord’s gross negligence or willful misconduct.

Damage or Injury. (a) Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all Claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness or death of any person in, on or about the Premises or Propertythe Property (including the portions of the Property that are the subject of any Temporary Construction License or on which any of the Infrastructure is constructed), arising or resulting at any time from or related to (i) the use or occupancy of, or the development, construction, maintenance, repair or restoration of the Improvements on, the Premises or Property by Tenant or its Tenant's Related Entities, except to the extent that Claims arise or result from (i) the willful misconduct of Landlord or its employees, (ii) the active negligence construction of Landlord the Infrastructure on the Property by Tenant or its employees if such Claims are not covered Tenant's Related Entities, (iii) activities conducted under this Lease by insuranceTenant or Tenant's Related Entities, or (iiiiv) any act -61- or omission of Tenant or Xxxxxx's Related Entities, except in the case of (A) gross negligence or willful misconduct of Landlord, (B) any default in the performance of Landlord’s 's obligations under this Lease. In addition and notwithstanding , (C) in the foregoingevent Landlord causes an environmental condition on the Premises by releasing Hazardous Materials on, in, about or under the Premises, or (D) any Claims arising out of the use by Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all Claims against Landlord, that arise or result from Landlord’s exercise Xxxxxxxx's designees of its rights pursuant to Section 13.15any of the Reserved Rights. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all Claims against Landlord arising from or related to (i) Physical Condition Claimsthe performance of each Project and/or each Capital Improvement, (ii) all other Claims claimed the use or suffered by third parties arising or resulting from the acts or omission of Tenant, its membersoccupancy of, or their respective the development, construction, maintenance, repair, Alteration or Rehabilitation of the buildings other improvements on, the Premises by Tenant or Tenant's Related Entities (other than Sublessees or their Related Entities), from and (iii) Claims claimed or suffered by third parties arising or resulting from any default in after the performance of Tenant’s obligations under this Lease. The foregoing notwithstanding, Tenant shall not be required to indemnify and defend Landlord against or hold Landlord harmless from any Claims or defaults arising or resulting from (A) Landlord’s entry on the Premises pursuant to this Lease, (B) the willful misconduct of Landlord or its employees, (C) the active negligence of Landlord or its employees if such Claims are not covered by insurance, or (D) any default in the performance of Landlord’s obligations under this Lease. (c) Except to the extent of Claims against Landlord arising as a consequence of the failure of Tenant, its members, its Affiliates and/or their respective Related Entities to comply with (i) Applicable Laws, (ii) Applicable Policy and Guidance Documents, (iii) the documents and agreements related to the Existing Environmental Conditions, including the MEW Construction Coordination Agreement, the Navy Construction Coordination Document, the documents described in Section 1.98 or the Navy Memorandum of Understanding, (iv) the terms and conditions of any applicable permit or other document related to Tenant’s development, construction and installation of Improvements, Infrastructure or Off-Premises Backbone Infrastructure, or (v) the other applicable terms and conditions of this Lease, then, notwithstanding the provisions of Section 12.1(a) or 12.1(b), Landlord waives and agrees not to make any Claims against Tenant with respect to the Existing Environmental Conditions, including any obligation Landlord may have to perform or contribute to or pay for remediation or removal of the Existing Environmental Conditions or to perform any other obligation of Landlord under any agreements relating to the Existing Environmental Conditions. (d) This Section 12.1 shall survive the termination of this Lease with respect to any Claims occurring as a result of events occurring prior to such termination.Commencement Date,

Damage or Injury. (a) The Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all Claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness death or death of any person inproperty loss or damage sustained by the Tenant, on or about the Premises or Property, arising or resulting at any time from the use or occupancy of the Premises or Property by Tenant or its Related Entitiesemployees, agents, subleases, licensees or those doing business with it in the Premises, in the Building, or anywhere on the Land, no matter how caused, except to the extent that Claims arise or result from (i) caused by the willful misconduct negligence of the Landlord or its employeesthose persons for whom the Landlord is, (ii) in law, responsible, and the active Tenant shall indemnify the Landlord against all actions or liabilities arising out of such personal injury, death or property damage or loss, except to the extent caused by the negligence of the Landlord or those persons for whom the Landlord is, in law, responsible. The Tenant hereby releases the Landlord and its officers, agents and employees if from all claims for damages or other expenses arising out of such Claims are not covered personal injury, death or property loss or damage, except to the extent caused by insurancethe negligence of the Landlord or those persons for whom the Landlord is, or (iii) any default in the performance of Landlord’s obligations under this Leaselaw, responsible. In addition and notwithstanding Without limiting the foregoing, the Landlord shall not be liable to Tenantfor any personal injury, and death or property loss or damage sustained by the Tenant hereby waives and releases all Claims against Landlord, that arise or result from Landlord’s exercise of its rights pursuant to Section 13.15. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all (i) Physical Condition Claims, (ii) all other Claims claimed or suffered by third parties arising or resulting from the acts or omission of Tenant, its members, or their respective Related Entities (other than Sublessees or their Related Entities), and (iii) Claims claimed or suffered by third parties arising or resulting from any default in the performance of Tenant’s obligations under this Lease. The foregoing notwithstanding, Tenant shall not be required to indemnify and defend Landlord against or hold Landlord harmless from any Claims or defaults arising or resulting from (A) Landlord’s entry on the Premises pursuant to this Lease, (B) the willful misconduct of Landlord or its employees, (C) agents, sublessees, licensees or invitees in the active negligence Premises, in the Building, on the Land or anywhere on the Land caused by theft or breakage or by steam, water, rain, snow, radioactive materials, microwaves, deleterious substances, gases, pollutants or any other materials or substances which may leak into, issue or flow from any part of Landlord the building or its employees if such Claims are not covered by insurancelands, or (D) any default in adjacent or neighbouring lands and premises or from the performance water, steam or drainage pipes or plumbing works of Landlord’s obligations under this Lease. (c) Except the same or from any place, or any loss or damage caused by or attributable to the condition or arrangements of any electric or other wiring or any damage caused by anything done or omitted to be done by any other tenant or occupant of the building except to the extent of Claims against Landlord arising as a consequence caused by the negligence of the failure Landlord or by those persons for whom the Landlord is, in law, responsible, and the Tenant shall indemnify the Landlord against all actions or liabilities arising out of Tenantsuch personal Injury, its membersdeath or property damage or loss, its Affiliates and/or their respective Related Entities to comply with (i) Applicable Laws, (ii) Applicable Policy and Guidance Documents, (iii) the documents and agreements related except to the Existing Environmental Conditionsextent caused by the negligence of the Landlord or those persons for whom the Landlord is, including in law, responsible. The Tenant thereby releases the MEW Construction Coordination AgreementLandlord and its officers, the Navy Construction Coordination Document, the documents described in Section 1.98 or the Navy Memorandum of Understanding, (iv) the terms agents and conditions of any applicable permit employees from all claims for damages or other document related to Tenant’s developmentexpenses arising out of such personal injury, construction and installation of Improvementsdeath or property loss or damage, Infrastructure or Off-Premises Backbone Infrastructure, or (v) the other applicable terms and conditions of this Lease, then, notwithstanding the provisions of Section 12.1(a) or 12.1(b), Landlord waives and agrees not to make any Claims against Tenant with respect except to the Existing Environmental Conditions, including any obligation Landlord may have to perform or contribute to or pay for remediation or removal extent caused by the negligence of the Existing Environmental Conditions Landlord or to perform any other obligation of those persons for whom the Landlord under any agreements relating to the Existing Environmental Conditionsis, in law, responsible. (d) This Section 12.1 shall survive the termination of this Lease with respect to any Claims occurring as a result of events occurring prior to such termination.

Damage or Injury. (a) Landlord shall not be liable to ---------------- Tenant, and Tenant hereby waives and releases all Claims claims against Landlord, for any damage to or loss or theft of any property or for any bodily or personal injury, illness or death of any person in, on or about the Premises or Property, the Property arising out of events occurring or resulting at any time from conditions that came into existence during the use or occupancy term of the Premises or Property by Tenant or its Related Entitiesthis Lease, except to the extent that Claims arise caused by the negligence or result from (i) the willful misconduct of Landlord or its Landlord's agents, officers, employees, contractors, tenants, invitees or licensees (ii) the active negligence of Landlord such persons or entities not to include Tenant or its employees if such Claims are not covered by insuranceagents, officers, employees, contractors, subtenants, invitees or (iiilicensees) or out of any default in the performance of Landlord’s obligations under this LeaseLandlord Default. In addition and notwithstanding the foregoing, Landlord shall not be liable to Tenant, and Tenant hereby waives and releases all Claims against Landlord, that arise or result from Landlord’s exercise of its rights pursuant to Section 13.15. (b) Tenant shall indemnify and defend Landlord against and hold Landlord harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements (i) Physical Condition Claimscollectively, (ii) all other Claims claimed "Losses"), arising from or suffered related to any use or occupancy of the Premises by third parties Tenant or its agents, officers, employees, contractors, invitees or licensees, or any condition of the Premises arising or resulting from the acts an act or omission of TenantTenant or its agents, its membersofficers, employees, contractors, invitees or licensees, or their respective Related Entities (other than Sublessees or their Related Entities), and (iii) Claims claimed or suffered by third parties arising or resulting from any default in the performance of Tenant’s 's obligations under this Lease. The foregoing notwithstanding, Tenant shall not be required or any damage to indemnify any property (including property of employees and defend Landlord against invitees of Tenant) or hold Landlord harmless any bodily or personal injury, illness or death of any person (including employees and invitees of Tenant) occurring in, on or about the Premises or any part thereof arising at any time and from any Claims cause whatsoever (except to the extent caused by the negligence or defaults arising willful misconduct of Landlord or resulting from (ALandlord's agents, officers, employees, contractors, tenants [such persons or entities not to include Tenant or its agents, officers, employees, contractors, tenants, invitees or licensees, or out of any Landlord Default]) Landlord’s entry or occurring in, on or about any part of the Property other than the Premises pursuant to this Leasewhen such damage, bodily or personal injury, illness or death is caused by any act or omission of Tenant or its agents, officers, employees, contractors, invitees or licensees. Notwithstanding the foregoing, (Bi) Tenant's indemnity obligations under this section 8.1 shall ----------- only apply to Losses to the extent such Losses were not caused by or arise out of the negligence or willful misconduct of Landlord or its agents, officers, employees, contractors, tenants, subtenants, invitees or licensees (C) the active negligence of Landlord such persons or entities not to include Tenant or its employees if such Claims are not covered by insuranceagents, officers, employees, contractors, subtenants, invitees or (Dlicensees) any default in during the performance of Landlord’s obligations under this Lease. (c) Except to the extent of Claims against Landlord arising as a consequence of the failure of Tenant, its members, its Affiliates and/or their respective Related Entities to comply with (i) Applicable Laws, (ii) Applicable Policy and Guidance Documents, (iii) the documents and agreements related to the Existing Environmental Conditions, including the MEW Construction Coordination Agreement, the Navy Construction Coordination Document, the documents described in Section 1.98 or the Navy Memorandum of Understanding, (iv) the terms and conditions of any applicable permit or other document related to Tenant’s development, construction and installation of Improvements, Infrastructure or Off-Premises Backbone Infrastructure, or (v) the other applicable terms and conditions term of this Lease, then, notwithstanding the provisions or out of Section 12.1(aany Landlord Default; (ii) Tenant's indemnity obligations under this section 8.1 shall not apply to any liability caused ----------- by or 12.1(b), Landlord waives and agrees not to make any Claims against Tenant with respect arising out of events occurring or conditions that existed prior to the Existing Environmental Conditions, including any obligation Landlord may have to perform or contribute to or pay for remediation or removal of Commencement Date if such liability is covered by the Existing Environmental Conditions or to perform any other obligation of Landlord Separation Agreement; and (iii) nothing in this section 8.1 shall limit the parties ----------- respective indemnity rights and obligations under any agreements relating to the Existing Environmental Conditions. (d) section 4.3 hereof. This Section 12.1 ----------- section 8.1 shall survive the termination of this Lease with respect to any Claims occurring as a result of events ----------- event, act, occurrence, damage, death, injury, act or omission occurring prior to such termination.