Common use of DAMAGE TO PROPERTY, INJURY TO PERSONS Clause in Contracts

DAMAGE TO PROPERTY, INJURY TO PERSONS. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims (except claims caused by or resulting from the willful misconduct or negligence of Landlord, its agents, servants, or employees) which Tenant or Tenant’s successors or assigns may have against Landlord, or its agents, servants, or employees for loss, theft, or damages to the Property and for injuries to persons in, upon or about the Premises or the Building from any cause whatsoever. Tenant will hold Landlord, its agents, servants and employees exempt and harmless from and on account of any damage or injury to any person, or to the goods, wears and merchandise of any person, arising from the use of the Premises by Tenant, or arising from the failure of Tenant to keep the Premises in good condition, except if said damage or injury is caused by the willful and wanton misconduct or negligence of the Landlord, its agents, servants or employees. Neither Landlord nor its agents, servants, or employees shall be liable to Tenant for any damages by or from any act of negligence of any co-tenant or other occupant of the same Building, or by any owner or occupant of adjoining or contiguous property. Tenant agrees to pay for all damage to the Building or the Premises, as well as all damage to the property of Tenants or occupants thereof caused by Tenant’s misuse or neglect of the Premises, its apparatus or appurtenances or caused by any licensee, contractor, agent, invitees or employees of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be liable to one another for any loss, damages or injury caused by its act or neglect to the extent that the other party has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or an occupant of the Premises that is in the Building or the Premises shall be there at the risk of Tenant or other person only, and Landlord or its agent, servants, or employees (except in case of gross negligence or willful and wanton misconduct of Landlord or its agents, servants, employees) shall not be liable for: damage to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents, servants, or employees, if any; nor for the loss of or damage to any property by theft or otherwise, by any means whatsoever, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, gas, electricity, snow, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor for any latent defect in the Premises or in the Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment of which Tenant is aware. In case any action or proceeding be brought against Landlord by reason of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or of its agents or employees, Tenant, upon notice from Landlord shall either, at Landlord’s option, defend the same at Tenant’s expense, or Landlord may defend at Landlord’s expense and Tenant shall, upon demand by Landlord, immediately reimburse Landlord for all legal fees, cost and expense incurred by Landlord in such defense. Tenant covenants and agrees to maintain in full force and effect during the Term of this Lease (including any period prior to the beginning of the Term during which Tenant has taken possession) in responsible companies approved by Landlord (i) “All Risk” property insurance (including an endorsement for vandalism and malicious mischief) covering Tenant’s property and all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the Premises in an amount not less than one hundred percent (100%) of the full replacement cost of such Property, with full waiver of subrogation rights against Landlord for any loss or damage to any of its property insured under valid and collectible insurance. Tenant also covenants and agrees to maintain business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of loss of access to the Premises or to the Building as a result of such perils; (ii) Commercial General Liability Insurance, insuring Tenant against all claims, demands or actions for injury to or death of any persons and/or damage to property arising out of or in connection with: (i) Tenant's operations in and maintenance and use of the Premises and (ii)Tenant's liability assumed under this Lease in an amount of not less than One Million Dollars($1,000,000.00) each occurrence (with a deductible of not more than $10,000.00) for bodily injury and property damage, One Million Dollars ($1,000,000.00) each offense for personal and advertising injury, Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) products-completed operations aggregate and Two Million Dollars ($2,000,000.00) follow form umbrella liability coverage or such other amounts as Landlord may reasonably require. Landlord and all affiliated limited liability companies and corporations and all of their members, managers, officers, directors and employees and any mortgagees of Landlord are to be named as an additional insured, on a primary, non-contributory basis for any liability arising directly or indirectly from this Lease. Tenant’s liability policies shall also contain a provision providing for a waiver of subrogation in favor of Landlord; and (iii) Workers’ Compensation insurance, in statutory amounts which shall not exclude coverage for proprietors, partners, members or executive officers, covering all employees of Tenant and Employers’ Liability coverage with limits of not less than One Million Dollars ($1,000,000) for each accident or illness. Waiver of subrogation shall be provided in favor of Landlord. All liability policies shall cover the entire Premises.

DAMAGE TO PROPERTY, INJURY TO PERSONS. Tenant, as a material part of the consideration to be rendered to (a) Tenant shall indemnify and hold Landlord under this Lease, to the extent permitted by law, hereby waives harmless against and from any and all claims (except claims caused by or resulting arising from the willful misconduct or negligence Tenant's use of Landlord, its agents, servants, or employees) which Tenant or Tenant’s successors or assigns may have against Landlord, or its agents, servants, or employees for loss, theft, or damages to the Property and for injuries to persons in, upon or about the Premises or the Building conduct of his business or profession or from any cause whatsoever. activity, work, or thing done, permitted or suffered by the Tenant will in, or about the Premises, and shall further indemnify and hold Landlord, its agents, servants harmless Landlord against and employees exempt from any and harmless all direct and/or consequential claims arising from and on account any breach or default in the performance of any damage or injury obligation on Tenant's part to any person, or to be performed under the goods, wears and merchandise terms of any person, arising from the use of the Premises by Tenantthis lease, or arising from the failure of Tenant to keep the Premises in good condition, except if said damage or injury is caused by the willful and wanton misconduct any act or negligence of the LandlordTenant, its or his agents, servants or employees. Neither Landlord nor its agentscontractors, servants, or employees shall be liable to Tenant for any damages by or from any act of negligence of any co-tenant or other occupant of the same Building, or by any owner or occupant of adjoining or contiguous property. Tenant agrees to pay for all damage to the Building or the Premises, as well as all damage to the property of Tenants or occupants thereof caused by Tenant’s misuse or neglect of the Premises, its apparatus or appurtenances or caused by any licensee, contractor, agentlicensees, invitees or employees of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be liable to one another for any loss, damages or injury caused by its act or neglect to the extent that the other party has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or an occupant of the Premises that is in the Building or the Premises shall be there at the risk of Tenant or other person onlyemployees, and Landlord from and against all costs, attorney's fees, expenses and liabilities incurred in or its agent, servants, or employees (except in case of gross negligence or willful and wanton misconduct of Landlord or its agents, servants, employees) shall not be liable for: damage to or theft of or misappropriation of about any such property; nor for any damage to property entrusted to Landlord, its agents, servants, or employees, if any; nor for the loss of or damage to any property by theft or otherwise, by any means whatsoever, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, gas, electricity, snow, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness claim or any other cause whatsoeveraction or proceeding brought thereon; nor for interference with the light or other incorporeal hereditaments, nor for any latent defect and in the Premises or in the Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment of which Tenant is aware. In case any action or proceeding be brought against Landlord by reason of any obligation on Tenant’s part to be performed under the terms of this Leasesuch claim, or arising from any act or negligence of the Tenant, or of its agents or employees, Tenant, Tenant upon notice from Landlord shall either, at Landlord’s option, defend the same at Tenant’s expense's expenses by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or Landlord may defend at Landlord’s expense and Tenant shallinjury to persons, in, upon demand by Landlord, immediately reimburse Landlord for all legal fees, cost and expense incurred by Landlord in such defense. Tenant covenants and agrees to maintain in full force and effect during the Term of this Lease (including any period prior to the beginning of the Term during which Tenant has taken possession) in responsible companies approved by Landlord (i) “All Risk” property insurance (including an endorsement for vandalism and malicious mischief) covering Tenant’s property and all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the Premises from any cause other than Landlord's or its agents' willful misconduct or negligence, and Tenant hereby waives all claims in an amount not less than one hundred percent respect thereof against Landlord. Upon Landlord's demand before or after the expiration or earlier termination of the term of this lease, Tenant shall perform such acts, and shall execute such agreements, as are reasonably necessary to assure Landlord (100%and such other persons or entities as Landlord deems necessary) of the full replacement cost of such Property, with full waiver of subrogation rights against Landlord for any loss or damage to any of its property insured under valid and collectible insurance. Tenant also covenants and agrees to maintain business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of loss of access to the Premises or to the Building as a result of such perils; (ii) Commercial General Liability Insurance, insuring Tenant against all claims, demands or actions for injury to or death of any persons and/or damage to property arising out of or in connection with: (i) Tenant's operations in and maintenance and use obligation to abide by the provisions of the Premises and this Section (ii)Tenant's liability assumed under this Lease in an amount s) of not less than One Million Dollars($1,000,000.00) each occurrence (with a deductible of not more than $10,000.00) for bodily injury and property damage, One Million Dollars ($1,000,000.00) each offense for personal and advertising injury, Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) products-completed operations aggregate and Two Million Dollars ($2,000,000.00) follow form umbrella liability coverage or such other amounts as Landlord may reasonably require. Landlord and all affiliated limited liability companies and corporations and all of their members, managers, officers, directors and employees and any mortgagees of Landlord are to be named as an additional insured, on a primary, non-contributory basis for any liability arising directly or indirectly from this Lease. Tenant’s liability policies shall also contain a provision providing for a waiver of subrogation in favor of Landlord; and (iii) Workers’ Compensation insurance, in statutory amounts which shall not exclude coverage for proprietors, partners, members or executive officers, covering all employees of Tenant and Employers’ Liability coverage with limits of not less than One Million Dollars ($1,000,000) for each accident or illness. Waiver of subrogation shall be provided in favor of Landlord. All liability policies shall cover the entire PremisesArticle 15.

DAMAGE TO PROPERTY, INJURY TO PERSONS. A. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims (against Landlord except claims caused by or resulting from the non-performance of the Landlord, intentional, willful misconduct or negligence negligent acts or omissions of Landlord, its agents, servants, or employees) which Tenant or Tenant’s successors or assigns may have against Landlord, or its agents, servants, servants or employees for loss, theft, or damages to the Property and claims for injuries to persons in, upon or about the Premises or the Building Property from any cause whatsoever. Tenant will hold Landlord, its agents, servants servants, and employees exempt and harmless subject to the terms and provisions of Section 17.K from and on account of any damage or injury to any person, or to the goods, wears wares, and merchandise of any person, arising from the use negligent uses of the Premises by Tenant, Tenant or arising from the failure of Tenant to keep the Premises in good condition, except condition as herein provided if said damage or injury is caused non-performance by the willful and wanton misconduct Landlord or negligence of the Landlord, its agents, servants or employeesemployees does not contribute thereto. Neither Landlord nor its agents, servants, or employees shall be liable to Tenant for any damages damage by or from any act of or negligence of any co-tenant or other occupant of the same Building, or by any owner or occupant of adjoining or contiguous property, provided however, that the provisions of this paragraph shall not apply to negligent or willful acts or omissions of Landlord, its agents, servants or employees. Neither Tenant nor its agents, servants, employees shall be liable to Landlord for any damage by or from any act or negligence of any other occupant of the same Building, or by any owner or occupant of adjoining or contiguous property, provided however, that the provisions of this paragraph shall not apply to negligent or willful acts or omissions of Tenant, its agents, servants or employees. Except as otherwise provided herein, Tenant agrees to pay for all damage to the Building or the Premises, as well as all damage to the property of Tenants tenants or occupants thereof caused by Tenant’s misuse or neglect of the Premises, its apparatus or appurtenances or caused by any licensee, contractor, agent, invitees agent or employees of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be liable to one another for any loss, damages or injury caused by its act or neglect anything to the extent that the other party has recovered the amount of such losscontrary contained in Sections 17.A and 17.C hereof, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but Tenant does not in limitation of the foregoing paragraph, all property belonging to Tenant or an occupant of the Premises that is in the Building or the Premises shall be there at the risk of Tenant or other person only, and Landlord or its agent, servants, or employees (except in case of gross negligence or willful and wanton misconduct waive any obligation of Landlord or its agents, servants, employees) shall not be liable for: damage to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents, servants, or employees, if any; nor for the loss of or damage to any property by theft or otherwise, by any means whatsoever, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, gas, electricity, snow, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor for correct any latent defect in the Premises or defects in the Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents in , complete the Premises or in the Building or of defects therein or in the fixtures or equipment of which Tenant is aware. In case any action or proceeding be brought against Landlord by reason of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or of its agents or employees, Tenant, upon notice from Landlord shall either, at Landlord’s option, defend the same at Tenant’s expense, or Landlord may defend at Landlord’s expense and Tenant shall, upon demand by Landlord, immediately reimburse Landlord for all legal fees, cost and expense incurred by Landlord in such defense. Tenant covenants and agrees to maintain in full force and effect during the Term of this Lease (including any period prior to the beginning of the Term during which Tenant has taken possession) in responsible companies approved by Landlord (i) “All Risk” property insurance (including an endorsement for vandalism and malicious mischief) covering Tenant’s property and all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the Premises in an amount not less than one hundred percent (100%) of the full replacement cost of such Property, with full waiver of subrogation rights against Landlord for any loss or damage to any of its property insured under valid and collectible insurance. Tenant also covenants and agrees to maintain business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of loss of access to the Premises or to the Building as a result of such perils; (ii) Commercial General Liability Insurance, insuring Tenant against all claims, demands or actions for injury to or death of any persons Punch List Work and/or damage to property arising out of or in connection with: (i) Tenant's operations in and maintenance and use of the Premises and (ii)Tenant's liability assumed under this Lease in an amount of not less than One Million Dollars($1,000,000.00) each occurrence (with a deductible of not more than $10,000.00) for bodily injury and property damage, One Million Dollars ($1,000,000.00) each offense for personal and advertising injury, Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) products-completed operations aggregate and Two Million Dollars ($2,000,000.00) follow form umbrella liability coverage or such other amounts as Landlord may reasonably require. Landlord and all affiliated limited liability companies and corporations and all of their members, managers, officers, directors and employees and any mortgagees of Landlord are to be named as an additional insured, on a primary, non-contributory basis for any liability arising directly or indirectly from this Lease. Tenant’s liability policies shall also contain a provision providing for a waiver of subrogation in favor of Landlord; and (iii) Workers’ Compensation insurance, in statutory amounts which shall not exclude coverage for proprietors, partners, members or executive officers, covering all employees of Tenant and Employers’ Liability coverage with limits of not less than One Million Dollars ($1,000,000) for each accident or illness. Waiver of subrogation shall be provided in favor of Landlord. All liability policies shall cover the entire Premisesenforce construction warranties.

DAMAGE TO PROPERTY, INJURY TO PERSONS. Tenant, as As a material part of the consideration to be rendered to Landlord under this Lease, Lease and to the full extent permitted by law, Tenant hereby waives all claims (claims, except claims caused by or resulting from the willful misconduct or negligence of Landlord, its agents, servants, agents or employees) , which Tenant or Tenant’s 's successors or assigns may have against Landlord, or its agentsbeneficiaries, servantsthe partners thereof and the agents and employees of all of the foregoing, or employees for loss, theft, theft or damages damage to the Property property and for fir injuries to persons in, upon or about the Premises Premises, the Building or the Building Property, from any cause whatsoever. Tenant will hold Landlord, its agentsbeneficiaries , servants the partners thereof and the agents and employees of all of the foregoing exempt and harmless from and on account of any damage or injury to any person, or to the goods, wears and merchandise property of any person, person or entity arising from the use of the Premises by Tenant, Tenant or arising from the failure of Tenant to keep the Premises in good conditioncondition as herein provided, except if said for damage or injury is caused by resulting from the willful and wanton misconduct or negligence of the Landlord, its agentsbeneficiaries, servants the partners thereof or employeesthe agents or employees of any of the foregoing. Neither Landlord nor its agentsbeneficiaries, servants, nor the partners thereof nor the agents or employees of any of the foregoing shall be liable to Tenant for any damages damage by or from any act of or negligence of any co-tenant or other occupant of the same Building, or by any owner or occupant of adjoining or contiguous property. Tenant agrees to pay for all damage to the Property or the Building or the Premises, as well as all damage to the property of Tenants tenants or occupants thereof caused by Tenant’s 's misuse or neglect of the Premises, Premises or Building its apparatus or appurtenances or caused by any licensee, invitee, contractor, agent, invitees agent or employees employee of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be liable to one another for any loss, damages or injury caused by its act or neglect to the extent that the other party has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. ParticularlySpecifically, but not in limitation of the foregoing paragraph, all property belonging to Tenant or an any occupant of the Premises or any agent, employee, licensee or invitee of such occupant or Tenant that is on the Property, in the Building or the Premises shall be there at the risk of Tenant or such other person only, and Landlord or neither Landlord, nor its agentbeneficiaries, servantsnor the partners thereof, nor the agents or employees of any of the foregoing (except in case of gross the negligence or willful and wanton misconduct of Landlord or its agentsbeneficiaries, servants, or its agents or employees) shall not be liable for: damage damages to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents, servants, agents or employees, if any; nor for the loss of or damage to any property by theft or otherwise, otherwise by any means whatsoever, nor for any injury or damage to persons or property resulting from fire, explosion, falling plasterplaster or ceiling tiles, steam, gas, electricity, snow, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness dampness, or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor for any latent defect in the Premises or in the Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents accident in the Premises or in the Building or of defects therein or in the fixtures pr equipment appurtenant thereto. Tenant agrees to indemnify and save the Landlord, its beneficiaries, the beneficiaries, partners and their respective agents and employees, of all of the foregoing, harmless against any and all claims, demands, costs and expenses, including reasonable attorneys' fees, for the defense thereof ("claims"), arising from Tenant's occupation of the Premises or equipment from any breach or default on the part of which the Tenant is aware. In case any action or proceeding be brought against Landlord by reason in the performance of any obligation covenant or agreement on Tenant’s the part of Tenant to be performed under pursuant to the terms of this Lease, Lease or arising from any act or negligence of the Tenant, its agents, employees or invitees, in or about the Premises, the Building or the Property, except claims resulting from the negligence of Landlord, its beneficiaries, the partners thereof or the agents or employeesemployees of any of the foregoing. In case of any action or proceeding brought against Landlord, Tenantits beneficiaries, the beneficiaries, partners or their respective agents or employees of any of the foregoing , by reason of any such claim. upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. If any damage, whether to the Premises or to the Building or to the Property, or any part thereof, or whether to the Landlord shall eitheror to other tenants in the Building, results from any act or neglect of the Tenant or of the Tenant's agents, employees, licensees or invitees, the Landlord may, at the Landlord’s 's option, defend repair such damage and the same at Tenant’s expense, or Landlord may defend at Landlord’s expense and Tenant shall, upon demand by the Landlord, immediately reimburse the Landlord forthwith for all legal fees, cost and expense incurred by Landlord in the total costs of such defenserepairs. Tenant covenants and agrees to shall maintain in full force and effect during the Term of this Lease Lease, with financially responsible and reputable companies, insurance coverages in type and amount as follows: (including any period prior to the beginning of the Term during which Tenant has taken possession) in responsible companies approved by Landlord (i) “All Risk” property i0 fire and extended coverage insurance (including an endorsement for vandalism and malicious mischief) covering all of Tenant’s 's property and all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the Premises in an amount not less than one hundred percent (100%) of the full replacement cost of such PropertyPremises, with full waiver of subrogation rights against Landlord for any loss or damage to any of its property insured under valid and collectible insurance. Tenant also covenants and agrees to maintain business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of loss of access an amount equal to the Premises or to the Building as a result full replacement cost of such perilsproperty; and (ii) Commercial Comprehensive General Liability Insuranceinsurance, insuring Tenant and naming Landlord, its beneficiaries, the partners thereof and their respective agents and employees as additional insureds against all claims, demands or actions and action for bodily injury, personal injury to or death of in any persons and/or damage to property arising out of or in connection with: (i) Tenant's operations in and maintenance and use of the Premises and (ii)Tenant's liability assumed under this Lease one occurrence in an amount of not less than One Million Dollars($1,000,000.00) each occurrence ($1,000,000 and with a deductible of not more than $10,000.00) for bodily injury and property damage, One Million Dollars ($1,000,000.00) each offense for personal and advertising injury, Two Million Dollars ($2,000,000.00) general an aggregate and Two Million Dollars ($2,000,000.00) products-completed operations aggregate and Two Million Dollars ($2,000,000.00) follow form umbrella liability coverage or such other amounts as Landlord may reasonably require. Landlord and all affiliated limited liability companies and corporations and all of their members, managers, officers, directors and employees and any mortgagees of Landlord are to be named as an additional insured, on a primary, non-contributory basis for any liability arising directly or indirectly from this Lease. Tenant’s liability policies shall also contain a provision providing for a waiver of subrogation in favor of Landlord; and (iii) Workers’ Compensation insurance, in statutory amounts which shall not exclude coverage for proprietors, partners, members or executive officers, covering all employees of Tenant and Employers’ Liability coverage with limits limit of not less than One Million Dollars ($1,000,000) 1,000,000 and for damage to property in an amount of not less than $1,000,000 for each accident occurrence and $1,000,000 in the aggregate, made by or illnesson behalf of any person, firm or corporation, arising from, related to, or connected with the conduct and operation of Tenant's business in the Premises and, in addition, and in like amounts, covering Tenant's contractual liability under the aforesaid hold harmless clause. Waiver Certificates of subrogation such insurance shall be provided delivered to Landlord in favor advance of Landlordpossession and new certificates in advance of the dates of policy expirations. All liability such insurance policies shall cover indicate that at least thirty (30) days' prior written notice shall be delivered to Landlord by the entire Premisesinsurer prior to termination, cancellation or any amendment of such insurance.

DAMAGE TO PROPERTY, INJURY TO PERSONS. A. Tenant's Waiver of Claims. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims (except claims caused by or resulting from the willful misconduct or gross negligence of Landlord, its agents, servants, or employees) employees which Tenant Tenant, Tenant's successor, or Tenant’s successors or permitted assigns may have against Landlord, or its agents, servants, or employees employees) for loss, theft, or damages damage to the Property property and for injuries to persons persons, including death, in, upon upon, or about the Premises Premises, the Building, or the Building Complex, from any cause whatsoever. Tenant will protect, defend, indemnify, and hold Landlord, its agents, servants servants, and employees exempt and harmless from and on account of any damage or injury to any personpersons, including death, or to the goods, wears wares, and merchandise of any person, arising from including the loss of the use of the Premises thereof occasioned by Tenant's use or occupancy of or otherwise arising in any manner from, on, or arising from the failure of Tenant to keep the Premises in good condition, except if said damage or injury is caused by the willful and wanton misconduct or negligence of the Landlord, its agents, servants or employees. Neither Landlord nor its agents, servants, or employees shall be liable to Tenant for any damages by or from any act of negligence of any co-tenant or other occupant of the same Building, or by any owner or occupant of adjoining or contiguous property. Tenant agrees to pay for all damage to the Building or the Premises, as well as all damage to the property of Tenants or occupants thereof caused by Tenant’s misuse or neglect out of the Premises, its apparatus or appurtenances or other than that caused by any licenseeor resulting from the gross negligence of Landlord. Landlord will protect, contractordefend, agent, invitees or employees of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be liable to one another for any loss, damages or injury caused by its act or neglect to the extent that the other party has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or an occupant of the Premises that is in the Building or the Premises shall be there at the risk of Tenant or other person onlyindemnify, and Landlord or its agent, servants, or employees (except in case of gross negligence or willful and wanton misconduct of Landlord or its agents, servants, employees) shall not be liable for: damage to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlordhold Tenant, its agents, servants, and employees exempt and harmless from and on account of any damage or employeesinjury to persons, if any; nor for including death, or to the goods, wares, and merchandise of any person, including the loss of the use thereof, occasioned by Landlords use or damage to occupancy of or otherwise arising in any property by theft manner from, on, or otherwise, by any means whatsoever, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, gas, electricity, snow, water or rain which may leak from any part out of the Building or from the pipesCommon Area, appliances or plumbing works therein or from the roof, street or subsurface or from any other place than that caused by or resulting from dampness or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor for any latent defect in the Premises or in the Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment of which Tenant is aware. In case any action or proceeding be brought against Landlord by reason of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or gross negligence of the Tenant, Tenant or of its agents or employees, Tenant, upon notice from Landlord shall either, at Landlord’s option, defend the same at Tenant’s expense, or Landlord may defend at Landlord’s expense and Tenant shall, upon demand by Landlord, immediately reimburse Landlord for all legal fees, cost and expense incurred by Landlord in such defense. Tenant covenants and agrees to maintain in full force and effect during the Term of this Lease (including any period prior to the beginning of the Term during which Tenant has taken possession) in responsible companies approved by Landlord (i) “All Risk” property insurance (including an endorsement for vandalism and malicious mischief) covering Tenant’s property and all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the Premises in an amount not less than one hundred percent (100%) of the full replacement cost of such Property, with full waiver of subrogation rights against Landlord for any loss or damage to any of its property insured under valid and collectible insurance. Tenant also covenants and agrees to maintain business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of loss of access to the Premises or to the Building as a result of such perils; (ii) Commercial General Liability Insurance, insuring Tenant against all claims, demands or actions for injury to or death of any persons and/or damage to property arising out of or in connection with: (i) Tenant's operations in agents, servants and maintenance and use of the Premises and (ii)Tenant's liability assumed under this Lease in an amount of not less than One Million Dollars($1,000,000.00) each occurrence (with a deductible of not more than $10,000.00) for bodily injury and property damage, One Million Dollars ($1,000,000.00) each offense for personal and advertising injury, Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) products-completed operations aggregate and Two Million Dollars ($2,000,000.00) follow form umbrella liability coverage or such other amounts as Landlord may reasonably require. Landlord and all affiliated limited liability companies and corporations and all of their members, managers, officers, directors and employees and any mortgagees of Landlord are to be named as an additional insured, on a primary, non-contributory basis for any liability arising directly or indirectly from this Lease. Tenant’s liability policies shall also contain a provision providing for a waiver of subrogation in favor of Landlord; and (iii) Workers’ Compensation insurance, in statutory amounts which shall not exclude coverage for proprietors, partners, members or executive officers, covering all employees of Tenant and Employers’ Liability coverage with limits of not less than One Million Dollars ($1,000,000) for each accident or illness. Waiver of subrogation shall be provided in favor of Landlord. All liability policies shall cover the entire Premisesemployees.

DAMAGE TO PROPERTY, INJURY TO PERSONS. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims (claims, except claims caused by or resulting from the willful misconduct or sole negligence of Landlord, its agents, servants, servants or employees) , which Tenant or Tenant’s successors successor or permitted assigns may have against Landlord, or its agents, servantsservants and employees, or employees for loss, theft, theft or damages damage to the Property property and for injuries to persons persons, including death, in, upon or about the Premises Premises, the Building or the Building Condominium Unit, from any cause whatsoever. Tenant will protect, defend, indemnify and hold Landlord, its agents, servants and employees exempt and harmless from and on account of (i) any damage or injury injury, including death, to any person, or (ii) any damage to the goods, wears wares and merchandise of any person, person including the loss of the use thereof arising from the use of the Premises Premises, Building or Common Elements by Tenant, or arising from the failure of Tenant to keep the Premises in good condition, except if said damage or injury is caused by the willful and wanton misconduct or negligence of the Landlord, its agents, servants or employeescondition as herein provided. Neither Landlord nor its agents, servants, servants or employees nor the Board shall be liable to Tenant for any damages damage by or from any act of or negligence of any co-tenant or other occupant of the same Building, or by any owner or occupant of any Condominium Unit at Williamsburg Village, or by any owner or occupant of adjoining or contiguous property. Tenant agrees to pay for all damage to the Building Building, the Common Elements, or the Premises, as well as for all damage to the property of Tenants tenants or occupants thereof caused by Tenant’s misuse or neglect of the Premises, its apparatus or appurtenances or caused by any licensee, contractor, agent, invitees or employees of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be liable to one another for any loss, damages or injury caused by its act or neglect to the extent that the other party has not recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or an any other occupant of the Premises that is located in the Building or the Premises shall be there at the risk of Tenant or such other person only, and Landlord or its agent, servants, agents or employees (except in case of gross sole negligence or willful and wanton misconduct of Landlord or its agents, servants, agents or employees) shall not be liable for: damage to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents, servants, agents or employees, if any; nor for the loss of or damage to any property by theft or otherwise, by any means whatsoever, nor for ; any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, snow, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor for ; or any latent defect in the Premises or in Premises, the Building, the pipes, the appliances or the plumbing works therein. Tenant shall give prompt written notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment of which Tenant is awareequipment. In case any action or proceeding be brought against Landlord by reason of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or of its agents or employees, Tenant, upon notice from Landlord Landlord, shall either, at Landlord’s option, defend the same at Tenant’s expense, or Landlord may defend at expense by counsel reasonably satisfactory to Landlord’s expense and . Tenant shall, upon demand shall obtain from responsible companies approved by Landlord, immediately reimburse Landlord for all legal fees, cost and expense incurred by Landlord in such defense. Tenant covenants and agrees to maintain in full force and effect during the Term term of this Lease Lease, (including any period prior to the beginning of the Term during which Tenant has taken possessiona) in responsible companies approved by Landlord (i) “All Risk” property insurance (including an endorsement for vandalism and malicious mischief) covering Tenant’s property and all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the Premises in an amount not less than one hundred percent (100%) of the full replacement cost of such Property, with full waiver of subrogation rights against Landlord for any loss or damage to any of its property insured under valid and collectible insurance. Tenant also covenants and agrees to maintain business interruption and extra expense public liability insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of loss of access to the Premises or to the Building as a result of such perils; (ii) Commercial General Liability Insurance, insuring Tenant against all claims, demands or actions for injury to or death of any persons and/or damage to property arising out of or in connection with: (i) Tenant's operations in and maintenance and use of the Premises and (ii)Tenant's combined single limit liability assumed under this Lease in an amount of not less than One Million Dollars($1,000,000.00$1,000,000, insuring Tenant, Landlord and, if requested by Landlord, any mortgagee of Landlord and/or the Board and Association against all claims, demands or action for injury to or death of one or more persons in any one accident and for damage to property made by or on behalf of any person, firm or corporation, in any way arising from, related to, or connected with the conduct or operation of Tenant’s business in the Premises or Tenant’s use of the Premises and, in addition, and in like amount, obtain and maintain insurance covering Tenant’s contractual liability under the aforesaid hold harmless clause. Landlord may require that such public liability insurance limits be increased from time to time to those limits which Landlord reasonably requires and (b) each occurrence (with a deductible of not more than $10,000.00) for bodily injury and property damage, One Million Dollars ($1,000,000.00) each offense for personal and advertising injury, Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) products-completed operations aggregate and Two Million Dollars ($2,000,000.00) follow form umbrella liability coverage or such other insurance on the Premises in such amounts as may from time to time be reasonably required by Landlord may reasonably requireagainst other insurable hazards which at the time are commonly insured against in the case of premises similarly situated. Landlord and all affiliated limited liability companies and corporations and all Certificates of their members, managers, officers, directors and employees and any mortgagees of Landlord are to be named as an additional insured, on a primary, non-contributory basis for any liability arising directly or indirectly from this Lease. Tenant’s liability policies shall also contain a provision providing for a waiver of subrogation in favor of Landlord; and (iii) Workers’ Compensation insurance, in statutory amounts which shall not exclude coverage for proprietors, partners, members or executive officers, covering all employees of Tenant and Employers’ Liability coverage with limits of not less than One Million Dollars ($1,000,000) for each accident or illness. Waiver of subrogation such insurance shall be provided in favor of delivered to Landlord. All liability such insurance policies shall cover indicate that at least ten days prior written notice shall be delivered to Landlord by the entire Premisesinsurer prior to termination or cancellation of such insurance.

DAMAGE TO PROPERTY, INJURY TO PERSONS. A. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims (except claims caused by or resulting from the non-performance of the Landlord, willful misconduct or negligence negligent act or omission of Landlord, its agents, servants, servants or employees) employees which Tenant or Tenant’s successors Xxxxxx's successor or assigns may have against Landlord, or its agents, servants, or employees for loss, theft, theft or damages damage to the Property property and for injuries to persons in, upon or about the Premises or the Building from any cause whatsoever. Tenant will hold Landlord, its agents, servants servants, and employees exempt and harmless from and on account of any damage or injury to any person, or to the goods, wears wares, and merchandise of any person, arising from the use uses of the Premises by Tenant, Xxxxxx or arising from the failure of Tenant to keep the Premises in good condition, except condition as herein provided if said damage or injury is caused non-performance by the willful and wanton misconduct Landlord or negligence of the Landlord, its agents, servants or employeesemployees does not contribute hereto. Neither Landlord nor its agents, servants, or employees shall be liable to Tenant for any damages damage by or from any act of or negligence of any co-tenant or other occupant of the same Building, or by any owner or occupant of adjoining or contiguous property, provided however, that the provisions of this paragraph shall not apply to negligent or willful act or omission of Landlord or misconduct of any such individuals or entities. Tenant Xxxxxx agrees to pay for all damage to the Building or the Premises, as well as all damage to the property of Tenants tenants or occupants thereof caused by Tenant’s Xxxxxx's misuse or neglect of the Premises, its apparatus or appurtenances or caused by any licensee, contractor, agent, invitees agent or employees of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be liable to one another for any loss, damages or injury caused by its act or neglect to the extent that the other party has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or an occupant of the Premises that is in the Building or the Premises shall be there at the risk of Tenant or other person only, and Landlord or its agent, servants, or employees (except in case of gross negligence or willful and wanton misconduct of Landlord or its agents, servants, employees) shall not be liable for: damage to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents, servants, or employees, if any; nor for the loss of or damage to any property by theft or otherwise, by any means whatsoever, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, gas, electricity, snow, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor for any latent defect in the Premises or in the Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment of which Tenant is aware. In case any action or proceeding be brought against Landlord by reason of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or of its agents or employees, Tenant, upon notice from Landlord shall either, at Landlord’s option, defend the same at Tenant’s expense, or Landlord may defend at Landlord’s expense and Tenant shall, upon demand by Landlord, immediately reimburse Landlord for all legal fees, cost and expense incurred by Landlord in such defense. Tenant covenants and agrees to maintain in full force and effect during the Term of this Lease (including any period prior to the beginning of the Term during which Tenant has taken possession) in responsible companies approved by Landlord (i) “All Risk” property insurance (including an endorsement for vandalism and malicious mischief) covering Tenant’s property and all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the Premises in an amount not less than one hundred percent (100%) of the full replacement cost of such Property, with full waiver of subrogation rights against Landlord for any loss or damage to any of its property insured under valid and collectible insurance. Tenant also covenants and agrees to maintain business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of loss of access to the Premises or to the Building as a result of such perils; (ii) Commercial General Liability Insurance, insuring Tenant against all claims, demands or actions for injury to or death of any persons and/or damage to property arising out of or in connection with: (i) Tenant's operations in and maintenance and use of the Premises and (ii)Tenant's liability assumed under this Lease in an amount of not less than One Million Dollars($1,000,000.00) each occurrence (with a deductible of not more than $10,000.00) for bodily injury and property damage, One Million Dollars ($1,000,000.00) each offense for personal and advertising injury, Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) products-completed operations aggregate and Two Million Dollars ($2,000,000.00) follow form umbrella liability coverage or such other amounts as Landlord may reasonably require. Landlord and all affiliated limited liability companies and corporations and all of their members, managers, officers, directors and employees and any mortgagees of Landlord are to be named as an additional insured, on a primary, non-contributory basis for any liability arising directly or indirectly from this Lease. Tenant’s liability policies shall also contain a provision providing for a waiver of subrogation in favor of Landlord; and (iii) Workers’ Compensation insurance, in statutory amounts which shall not exclude coverage for proprietors, partners, members or executive officers, covering all employees of Tenant and Employers’ Liability coverage with limits of not less than One Million Dollars ($1,000,000) for each accident or illness. Waiver of subrogation shall be provided in favor of Landlord. All liability policies shall cover the entire Premises.

DAMAGE TO PROPERTY, INJURY TO PERSONS. TenantX. Xxxxxx, as a material part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims (claims, except claims caused by or resulting from the non-performance of the Landlord, or the willful misconduct or negligence negligent act or omission of Landlord, its agents, servants or employees which Tenant or Tenant’s successor or assigns may have against Landlord, its agents, servants, or employees) which Tenant or Tenant’s successors or assigns may have against Landlord, or its agents, servants, or employees for loss, theft, theft or damages damage to the Property property and for injuries to persons in, upon or about the Premises from any cause whatsoever. Landlord, as a material part of the consideration to be rendered to Tenant under this Lease, to the extent permitted by law, hereby waives all claims, except claims caused by or resulting from the non-performance of the Tenant, or the Building willful or negligent act or omission of Tenant, its agents, servants or employees which Landlord or Landlord’s successor or assigns may have against Tenant, its agents, servants, or employees, for loss, theft or damage to the property and for injuries to persons in, upon or about the common areas of the Property from any cause whatsoever. Tenant will hold Landlord, its agents, servants servants, and employees exempt and harmless from and on account of any damage or injury to any person, or to the goods, wears wares, and merchandise of any person, arising from the use of the Premises by Tenant, Tenant or arising from the failure of Tenant to keep the Premises in good condition, except condition as herein provided if said damage or injury is caused non-performance by the willful and wanton misconduct Landlord or the negligence of the Landlord, its agents, servants or employeesemployees does not contribute thereto. Neither Landlord nor its agents, servants, or employees shall be liable to Tenant for any damages damage by or from any act of or negligence of any co-tenant or other occupant of the same BuildingBuilding or of any other space at the Property, or by any owner or occupant of adjoining or contiguous property; provided, however, that the provisions of this paragraph shall not apply to negligent or willful acts or omissions of Landlord or the misconduct of any such individuals or entities. Tenant Xxxxxx agrees to pay for all damage to the Building or the Premises, or any other part of the Property, as well as all damage to the property of Tenants tenants or occupants thereof caused by TenantXxxxxx’s misuse or neglect of the Premises, its apparatus or appurtenances or caused by any licensee, contractor, agent, invitees agent or employees of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be liable to one another for any loss, damages or injury caused by its act or neglect to the extent that the other party has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or an occupant of the Premises that is in the Building or the Premises shall be there at the risk of Tenant or other person only, and Landlord or its agent, servants, or employees (except in case of gross negligence or willful and wanton misconduct of Landlord or its agents, servants, employees) shall not be liable for: damage to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents, servants, or employees, if any; nor for the loss of or damage to any property by theft or otherwise, by any means whatsoever, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, gas, electricity, snow, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor for any latent defect in the Premises or in the Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment of which Tenant is aware. In case any action or proceeding be brought against Landlord by reason of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or of its agents or employees, Tenant, upon notice from Landlord shall either, at Landlord’s option, defend the same at Tenant’s expense, or Landlord may defend at Landlord’s expense and Tenant shall, upon demand by Landlord, immediately reimburse Landlord for all legal fees, cost and expense incurred by Landlord in such defense. Tenant covenants and agrees to maintain in full force and effect during the Term of this Lease (including any period prior to the beginning of the Term during which Tenant has taken possession) in responsible companies approved by Landlord (i) “All Risk” property insurance (including an endorsement for vandalism and malicious mischief) covering Tenant’s property and all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the Premises in an amount not less than one hundred percent (100%) of the full replacement cost of such Property, with full waiver of subrogation rights against Landlord for any loss or damage to any of its property insured under valid and collectible insurance. Tenant also covenants and agrees to maintain business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of loss of access to the Premises or to the Building as a result of such perils; (ii) Commercial General Liability Insurance, insuring Tenant against all claims, demands or actions for injury to or death of any persons and/or damage to property arising out of or in connection with: (i) Tenant's operations in and maintenance and use of the Premises and (ii)Tenant's liability assumed under this Lease in an amount of not less than One Million Dollars($1,000,000.00) each occurrence (with a deductible of not more than $10,000.00) for bodily injury and property damage, One Million Dollars ($1,000,000.00) each offense for personal and advertising injury, Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) products-completed operations aggregate and Two Million Dollars ($2,000,000.00) follow form umbrella liability coverage or such other amounts as Landlord may reasonably require. Landlord and all affiliated limited liability companies and corporations and all of their members, managers, officers, directors and employees and any mortgagees of Landlord are to be named as an additional insured, on a primary, non-contributory basis for any liability arising directly or indirectly from this Lease. Tenant’s liability policies shall also contain a provision providing for a waiver of subrogation in favor of Landlord; and (iii) Workers’ Compensation insurance, in statutory amounts which shall not exclude coverage for proprietors, partners, members or executive officers, covering all employees of Tenant and Employers’ Liability coverage with limits of not less than One Million Dollars ($1,000,000) for each accident or illness. Waiver of subrogation shall be provided in favor of Landlord. All liability policies shall cover the entire Premises.

DAMAGE TO PROPERTY, INJURY TO PERSONS. TenantX. Xxxxxx, as a material part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims (claims, except claims caused by or resulting from the non-performance of the Landlord, or the willful misconduct or negligence negligent act or omission of Landlord, its agents, servants or employees which Tenant or Tenant's successor or assigns may have against Landlord, its agents, servants, or employees) which Tenant or Tenant’s successors or assigns may have against Landlord, or its agents, servants, or employees for loss, theft, theft or damages damage to the Property property and for injuries to persons in, upon or about the Premises or the Building from any cause whatsoever. Tenant will hold Landlord, its agents, servants servants, and employees exempt and harmless from and on account of any damage or injury to any person, or to the goods, wears wares, and merchandise of any person, arising from the use uses of the Premises by Tenant, Tenant or arising from the failure of Tenant to keep the Premises in good condition, except condition as herein provided if said damage or injury is caused non-performance by the willful and wanton misconduct Landlord or the negligence of the Landlord, its agents, servants or employeesemployees does not contribute thereto. Neither Landlord nor its agents, servants, or employees shall be liable to Tenant for any damages damage by or from any act of or negligence of any co-tenant or other occupant of the same Building, or by any owner or occupant of adjoining or contiguous property; provided, however, that the provisions of this paragraph shall not apply to negligent or willful acts or omissions of Landlord or the misconduct of any such individuals or entities. Tenant Xxxxxx agrees to pay for all damage to the Building or the Premises, as well as all damage to the property of Tenants or occupants thereof caused by Tenant’s Xxxxxx's misuse or neglect of the Premises, its apparatus or appurtenances or caused by any an licensee, contractor, agent, invitees or agent to employees of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be liable to one another for any loss, damages or injury caused by its act or neglect to the extent that the other party has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or an occupant of the Premises that is in the Building or the Premises shall be there at the risk of Tenant or other person only, and Landlord or its agent, servants, or employees (except in case of gross negligence or willful and wanton misconduct of Landlord or its agents, servants, employees) shall not be liable for: damage to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents, servants, or employees, if any; nor for the loss of or damage to any property by theft or otherwise, by any means whatsoever, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, gas, electricity, snow, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor for any latent defect in the Premises or in the Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment of which Tenant is aware. In case any action or proceeding be brought against Landlord by reason of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or of its agents or employees, Tenant, upon notice from Landlord shall either, at Landlord’s option, defend the same at Tenant’s expense, or Landlord may defend at Landlord’s expense and Tenant shall, upon demand by Landlord, immediately reimburse Landlord for all legal fees, cost and expense incurred by Landlord in such defense. Tenant covenants and agrees to maintain in full force and effect during the Term of this Lease (including any period prior to the beginning of the Term during which Tenant has taken possession) in responsible companies approved by Landlord (i) “All Risk” property insurance (including an endorsement for vandalism and malicious mischief) covering Tenant’s property and all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the Premises in an amount not less than one hundred percent (100%) of the full replacement cost of such Property, with full waiver of subrogation rights against Landlord for any loss or damage to any of its property insured under valid and collectible insurance. Tenant also covenants and agrees to maintain business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of loss of access to the Premises or to the Building as a result of such perils; (ii) Commercial General Liability Insurance, insuring Tenant against all claims, demands or actions for injury to or death of any persons and/or damage to property arising out of or in connection with: (i) Tenant's operations in and maintenance and use of the Premises and (ii)Tenant's liability assumed under this Lease in an amount of not less than One Million Dollars($1,000,000.00) each occurrence (with a deductible of not more than $10,000.00) for bodily injury and property damage, One Million Dollars ($1,000,000.00) each offense for personal and advertising injury, Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) products-completed operations aggregate and Two Million Dollars ($2,000,000.00) follow form umbrella liability coverage or such other amounts as Landlord may reasonably require. Landlord and all affiliated limited liability companies and corporations and all of their members, managers, officers, directors and employees and any mortgagees of Landlord are to be named as an additional insured, on a primary, non-contributory basis for any liability arising directly or indirectly from this Lease. Tenant’s liability policies shall also contain a provision providing for a waiver of subrogation in favor of Landlord; and (iii) Workers’ Compensation insurance, in statutory amounts which shall not exclude coverage for proprietors, partners, members or executive officers, covering all employees of Tenant and Employers’ Liability coverage with limits of not less than One Million Dollars ($1,000,000) for each accident or illness. Waiver of subrogation shall be provided in favor of Landlord. All liability policies shall cover the entire Premises.

DAMAGE TO PROPERTY, INJURY TO PERSONS. A. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, to the fullest extent permitted by law, hereby waives all claims (claims, except claims to the extent caused by or resulting from the non-performance of Landlord, willful misconduct or negligence negligent act or omission of Landlord, its agents, servants, servants or employees) , which Tenant or Tenant’s successors or assigns may have against Landlord, or its agents, servants, servants or employees for loss, theft, theft or damages damage to the Property property and for injuries to persons in, upon or about the Premises or the Building from any cause whatsoever. Tenant will hold Landlord, its agents, servants and employees exempt and harmless for, from and against and on account of any damage or injury to any person, or to the goods, wears wares, and merchandise of any person, arising from the use uses of the Premises by Tenant, Tenant or arising from the failure of Tenant to keep the Premises in good condition, condition as herein provided except if said damage or injury is caused to the extent the non-performance by the willful and wanton misconduct Landlord or negligence of the Landlord, its agents, servants or employeesemployees contributes thereto. Neither Landlord nor its agents, servants, servants or employees shall be liable to Tenant for any damages damage by or from any act of or negligence of any co-tenant or other occupant of the same Building, or by any owner or occupant of adjoining or contiguous property. Tenant agrees to pay for all damage to the Building or the Premises, as well as all damage to the property of Tenants or occupants thereof caused by Tenant’s misuse or neglect of the Premises, its apparatus or appurtenances or caused by any licensee, contractor, agent, invitees agent or employees of Tenant. Notwithstanding Except to the foregoing provisionsextent caused by the negligence or willful misconduct of Tenant, neither its agents, servants or employees, or a breach of this Lease by Tenant, Landlord nor agrees to indemnify, defend and hold Tenant shall be liable to one another for harmless from and against any loss, damages cost, expense, action or injury caused by its act or neglect to the extent that the any other party has recovered the amount for which Tenant may become liable as a result of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or an occupant of the Premises that is in the Building or the Premises shall be there at the risk of Tenant or other person only, and Landlord or its agent, servants, or employees (except in case of gross any negligence or willful and wanton misconduct of Landlord or any of its agents, servants, employees) shall not be liable for: damage to servants or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents, servants, or employees, if any; nor for employees in connection with the loss of or damage to any property by theft or otherwise, by any means whatsoever, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, gas, electricity, snow, water or rain which may leak from any part common areas of the Building Property or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor for any latent defect in the Premises or in the Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment of which Tenant is aware. In case any action or proceeding be brought against Landlord by reason of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or of its agents or employees, Tenant, upon notice from Landlord shall either, at Landlord’s option, defend the same at Tenant’s expense, or Landlord may defend at Landlord’s expense and Tenant shall, upon demand by Landlord, immediately reimburse Landlord for all legal fees, cost and expense incurred by Landlord in such defense. Tenant covenants and agrees to maintain in full force and effect during the Term a breach of this Lease (including any period prior to the beginning of the Term during which Tenant has taken possession) in responsible companies approved by Landlord (i) “All Risk” property insurance (including an endorsement for vandalism and malicious mischief) covering Tenant’s property and all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the Premises in an amount not less than one hundred percent (100%) of the full replacement cost of such Property, with full waiver of subrogation rights against Landlord for any loss or damage to any of its property insured under valid and collectible insurance. Tenant also covenants and agrees to maintain business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of loss of access to the Premises or to the Building as a result of such perils; (ii) Commercial General Liability Insurance, insuring Tenant against all claims, demands or actions for injury to or death of any persons and/or damage to property arising out of or in connection with: (i) Tenant's operations in and maintenance and use of the Premises and (ii)Tenant's liability assumed under this Lease in an amount of not less than One Million Dollars($1,000,000.00) each occurrence (with a deductible of not more than $10,000.00) for bodily injury and property damage, One Million Dollars ($1,000,000.00) each offense for personal and advertising injury, Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) products-completed operations aggregate and Two Million Dollars ($2,000,000.00) follow form umbrella liability coverage or such other amounts as Landlord may reasonably require. Landlord and all affiliated limited liability companies and corporations and all of their members, managers, officers, directors and employees and any mortgagees of Landlord are to be named as an additional insured, on a primary, non-contributory basis for any liability arising directly or indirectly from this Lease. Tenant’s liability policies shall also contain a provision providing for a waiver of subrogation in favor of Landlord; and (iii) Workers’ Compensation insurance, in statutory amounts which shall not exclude coverage for proprietors, partners, members or executive officers, covering all employees of Tenant and Employers’ Liability coverage with limits of not less than One Million Dollars ($1,000,000) for each accident or illness. Waiver of subrogation shall be provided in favor of Landlord. All liability policies shall cover the entire Premises.

DAMAGE TO PROPERTY, INJURY TO PERSONS. Tenant, as a material part of the consideration to be rendered to (a) Tenant shall indemnify and hold Landlord under this Lease, to the extent permitted by law, hereby waives harmless against and from any and all claims (except claims caused by or resulting arising from the willful misconduct or negligence of Landlord, its agents, servants, or employees) which Tenant or Tenant’s successors or assigns may have against Landlord, or its agents, servants, or employees for loss, theft, or damages to the Property and for injuries to persons in, upon or about use of the Premises or the Building from any cause whatsoever. Tenant will hold Landlord, conduct of its agents, servants and employees exempt and harmless from and on account of any damage business or injury to any person, or to the goods, wears and merchandise of any person, arising from the use of the Premises by Tenant, or arising from the failure of Tenant to keep the Premises in good condition, except if said damage or injury is caused by the willful and wanton misconduct or negligence of the Landlord, its agents, servants or employees. Neither Landlord nor its agents, servants, or employees shall be liable to Tenant for any damages by profession or from any act of negligence of any co-tenant or other occupant of the same Buildingactivity, work, or thing done, permitted or suffered by any owner the Tenant in or occupant of adjoining or contiguous property. Tenant agrees to pay for all damage to the Building or about the Premises, as well as and shall further indemnify and hold harmless Landlord against and from any and all damage to the property of Tenants direct and/or consequential claims arising from any breach or occupants thereof caused by Tenant’s misuse or neglect of the Premises, its apparatus or appurtenances or caused by any licensee, contractor, agent, invitees or employees of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be liable to one another for any loss, damages or injury caused by its act or neglect to the extent that the other party has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or an occupant of the Premises that is default in the Building or the Premises shall be there at the risk of Tenant or other person only, and Landlord or its agent, servants, or employees (except in case of gross negligence or willful and wanton misconduct of Landlord or its agents, servants, employees) shall not be liable for: damage to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents, servants, or employees, if any; nor for the loss of or damage to any property by theft or otherwise, by any means whatsoever, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, gas, electricity, snow, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor for any latent defect in the Premises or in the Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment of which Tenant is aware. In case any action or proceeding be brought against Landlord by reason performance of any obligation on Tenant’s part to be performed under the terms of this Leaselease, or arising from any act or negligence of the Tenant, or of its agents his agents, contractors, servants, licensees, invitees or employees, Tenantand from and against all costs, attorney’s fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall either, at Landlord’s option, defend the same at Tenant’s expenseexpense by counsel reasonably satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or Landlord may defend at Landlord’s expense and Tenant shallinjury to persons, in, upon demand by Landlord, immediately reimburse Landlord for all legal fees, cost and expense incurred by Landlord in such defense. Tenant covenants and agrees to maintain in full force and effect during the Term of this Lease (including any period prior to the beginning of the Term during which Tenant has taken possession) in responsible companies approved by Landlord (i) “All Risk” property insurance (including an endorsement for vandalism and malicious mischief) covering Tenant’s property and all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the Premises from any cause other than Landlord’s or its agents’ willful misconduct or gross negligence, and Tenant hereby waives all claims in an amount not less than one hundred percent respect thereof against Landlord. Upon Landlord’s demand before or after the expiration of earlier termination of the term of this lease, Tenant shall perform such acts, and shall execute such agreements, as are reasonably necessary to assure Landlord (100%and such other persons or entities as Landlord deems necessary) of Tenant’s obligation to abide by the full replacement cost of such Property, with full waiver of subrogation rights against Landlord for any loss or damage to any of its property insured under valid and collectible insurance. Tenant also covenants and agrees to maintain business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of loss of access to the Premises or to the Building as a result of such perils; (ii) Commercial General Liability Insurance, insuring Tenant against all claims, demands or actions for injury to or death of any persons and/or damage to property arising out of or in connection with: (i) Tenant's operations in and maintenance and use provisions of the Premises and Section (ii)Tenant's liability assumed under this Lease in an amount a) of not less than One Million Dollars($1,000,000.00) each occurrence (with a deductible of not more than $10,000.00) for bodily injury and property damage, One Million Dollars ($1,000,000.00) each offense for personal and advertising injury, Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) products-completed operations aggregate and Two Million Dollars ($2,000,000.00) follow form umbrella liability coverage or such other amounts as Landlord may reasonably require. Landlord and all affiliated limited liability companies and corporations and all of their members, managers, officers, directors and employees and any mortgagees of Landlord are to be named as an additional insured, on a primary, non-contributory basis for any liability arising directly or indirectly from this Lease. Tenant’s liability policies shall also contain a provision providing for a waiver of subrogation in favor of Landlord; and (iii) Workers’ Compensation insurance, in statutory amounts which shall not exclude coverage for proprietors, partners, members or executive officers, covering all employees of Tenant and Employers’ Liability coverage with limits of not less than One Million Dollars ($1,000,000) for each accident or illness. Waiver of subrogation shall be provided in favor of Landlord. All liability policies shall cover the entire PremisesArticle 16.

DAMAGE TO PROPERTY, INJURY TO PERSONS. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims (except claims caused by or resulting from the willful misconduct or negligence of Landlord, its agents, servants, or employees) which Tenant or Tenant’s successors or assigns may have against Landlord, or its agents, servants, or employees for loss, theft, or damages to the Property and for injuries to persons in, upon or about the Premises or the Building from any cause whatsoever. Tenant will hold Landlord, its agents, servants and employees exempt and harmless from and on account of any damage or injury to any person, or to the goods, wears and merchandise of any person, arising from the use of the Premises by TenantTxxxxx, or arising from the failure of Tenant to keep the Premises in good condition, except if said damage or injury is caused by the willful and wanton misconduct or negligence of the Landlord, its agents, servants or employees. Neither Landlord nor its agents, servants, or employees shall be liable to Tenant for any damages by or from any act of negligence of any co-tenant or other occupant of the same Building, or by any owner or occupant of adjoining or contiguous property. Tenant Txxxxx agrees to pay for all damage to the Building or the Premises, as well as all damage to the property of Tenants or occupants thereof caused by TenantTxxxxx’s misuse or neglect of the Premises, its apparatus or appurtenances or caused by any licensee, contractor, agent, invitees or employees of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be liable to one another for any loss, damages or injury caused by its act or neglect to the extent that the other party has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or an occupant of the Premises that is in the Building or the Premises shall be there at the risk of Tenant or other person only, and Landlord or its agent, servants, or employees (except in case of gross negligence or willful and wanton misconduct of Landlord or its agents, servants, employees) shall not be liable for: damage to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents, servants, or employees, if any; nor for the loss of or damage to any property by theft or otherwise, by any means whatsoever, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, gas, electricity, snow, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor for any latent defect in the Premises or in the Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment of which Tenant is aware. In case any action or proceeding be brought against Landlord by reason of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or of its agents or employees, Tenant, upon notice from Landlord shall either, at Landlord’s option, defend the same at Tenant’s expense, or Landlord may defend at Landlord’s expense and Tenant shall, upon demand by LandlordLxxxxxxx, immediately reimburse Landlord for all legal fees, cost and expense incurred by Landlord in such defense. Tenant covenants and agrees to maintain in full force and effect during the Term of this Lease (including any period prior to the beginning of the Term during which Tenant has taken possession) in responsible companies approved by Landlord (i) “All Risk” property insurance (including an endorsement for vandalism and malicious mischief) covering Tenant’s property and all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the Premises in an amount not less than one hundred percent (100%) of the full replacement cost of such Property, with full waiver of subrogation rights against Landlord for any loss or damage to any of its property insured under valid and collectible insurance. Tenant also covenants and agrees to maintain business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of loss of access to the Premises or to the Building as a result of such perils; (ii) Commercial General Liability Insurance, insuring Tenant against all claims, demands or actions for injury to or death of any persons and/or damage to property arising out of or in connection with: (i) Tenant's operations in and maintenance and use of the Premises and (ii)Tenant's liability assumed under this Lease in an amount of not less than One Million Dollars($1,000,000.00) each occurrence (with a deductible of not more than $10,000.00) for bodily injury and property damage, One Million Dollars ($1,000,000.00) each offense for personal and advertising injury, Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) products-completed operations aggregate and Two Million Dollars ($2,000,000.00) follow form umbrella liability coverage or such other amounts as Landlord may reasonably require. Landlord and all affiliated limited liability companies and corporations and all of their members, managers, officers, directors and employees and any mortgagees of Landlord are to be named as an additional insured, on a primary, non-contributory basis for any liability arising directly or indirectly from this Lease. Tenant’s liability policies shall also contain a provision providing for a waiver of subrogation in favor of Landlord; and (iii) Workers’ Compensation insurance, in statutory amounts which shall not exclude coverage for proprietors, partners, members or executive officers, covering all employees of Tenant and Employers’ Liability coverage with limits of not less than One Million Dollars ($1,000,000) for each accident or illness. Waiver of subrogation shall be provided in favor of Landlord. All liability policies shall cover the entire Premises.

DAMAGE TO PROPERTY, INJURY TO PERSONS. A. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, to the fullest extent permitted by law, hereby waives all claims (claims, except claims to the extent caused by or resulting from the willful misconduct or negligence non-performance of Landlord, the willful or negligent act or omission of Landlord, or its agents, servants, servants or employees) , which Tenant or Tenant’s successors or assigns may have against Landlord, or its agents, servants, servants or employees for loss, theft, theft or damages damage to the Property property and for injuries to persons in, upon or about the Premises or the Building from any cause whatsoever. Tenant will hold Landlord, and its agents, servants and employees exempt and harmless for, from and against and on account of any damage or injury to any person, or to the goods, wears wares, and merchandise of any person, arising from the use uses of the Premises by Tenant, Tenant or arising from the failure of Tenant to keep the Premises in good condition, condition as herein provided except if said damage or injury is caused to the extent the non-performance by the willful and wanton misconduct Landlord or negligence of the Landlord, or its agents, servants or employeesemployees contributes thereto. Neither Landlord nor its agents, servants, servants or employees shall be liable to Tenant for any damages damage by or from any act of or negligence of any co-tenant assignee or other occupant subtenant of the same BuildingTenant, or by any owner or occupant of adjoining or contiguous property. Except to the extent covered by insurance that Tenant or Landlord carries or is required to carry pursuant to the terms of this Lease, Tenant agrees to pay for all damage to the Building or the Premises, as well as all damage to the property of Tenants tenants or occupants thereof caused by Tenant’s misuse or neglect of the Premises, its apparatus or appurtenances or caused by any licensee, contractor, agent, invitees agent or employees of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be liable to one another for any loss, damages or injury caused by its act or neglect to the extent that the other party has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or an occupant of the Premises that is in the Building or the Premises shall be there at the risk of Tenant or other person only, and Landlord or its agent, servants, or employees (except in case of gross negligence or willful and wanton misconduct of Landlord or its agents, servants, employees) shall not be liable for: damage to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents, servants, or employees, if any; nor for the loss of or damage to any property by theft or otherwise, by any means whatsoever, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, gas, electricity, snow, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor for any latent defect in the Premises or in the Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment of which Tenant is aware. In case any action or proceeding be brought against Landlord by reason of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or of its agents or employees, Tenant, upon notice from Landlord shall either, at Landlord’s option, defend the same at Tenant’s expense, or Landlord may defend at Landlord’s expense and Tenant shall, upon demand by Landlord, immediately reimburse Landlord for all legal fees, cost and expense incurred by Landlord in such defense. Tenant covenants and agrees to maintain in full force and effect during the Term of this Lease (including any period prior to the beginning of the Term during which Tenant has taken possession) in responsible companies approved by Landlord (i) “All Risk” property insurance (including an endorsement for vandalism and malicious mischief) covering Tenant’s property and all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the Premises in an amount not less than one hundred percent (100%) of the full replacement cost of such Property, with full waiver of subrogation rights against Landlord for any loss or damage to any of its property insured under valid and collectible insurance. Tenant also covenants and agrees to maintain business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of loss of access to the Premises or to the Building as a result of such perils; (ii) Commercial General Liability Insurance, insuring Tenant against all claims, demands or actions for injury to or death of any persons and/or damage to property arising out of or in connection with: (i) Tenant's operations in and maintenance and use of the Premises and (ii)Tenant's liability assumed under this Lease in an amount of not less than One Million Dollars($1,000,000.00) each occurrence (with a deductible of not more than $10,000.00) for bodily injury and property damage, One Million Dollars ($1,000,000.00) each offense for personal and advertising injury, Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) products-completed operations aggregate and Two Million Dollars ($2,000,000.00) follow form umbrella liability coverage or such other amounts as Landlord may reasonably require. Landlord and all affiliated limited liability companies and corporations and all of their members, managers, officers, directors and employees and any mortgagees of Landlord are to be named as an additional insured, on a primary, non-contributory basis for any liability arising directly or indirectly from this Lease. Tenant’s liability policies shall also contain a provision providing for a waiver of subrogation in favor of Landlord; and (iii) Workers’ Compensation insurance, in statutory amounts which shall not exclude coverage for proprietors, partners, members or executive officers, covering all employees of Tenant and Employers’ Liability coverage with limits of not less than One Million Dollars ($1,000,000) for each accident or illness. Waiver of subrogation shall be provided in favor of Landlord. All liability policies shall cover the entire Premises.

DAMAGE TO PROPERTY, INJURY TO PERSONS. A. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims (except claims caused by or resulting from the non-performance of the Landlord, willful misconduct or negligence negligent act or omission of Landlord, its agents, servants, servants or employees) employees which Tenant or Tenant’s successors successor or assigns may have against Landlord, or its agents, servants, or employees for loss, theft, theft or damages damage to the Property property and for injuries to persons in, upon or about the Premises or the Building from any cause whatsoever. Tenant will hold Landlord, its agents, servants servants, and employees exempt and harmless from and on account of any damage or injury to any person, or to the goods, wears wares, and merchandise of any person, arising from the use uses of the Premises by Tenant, Tenant or arising from the failure of Tenant to keep the Premises in good condition, except condition as herein provided if said damage or injury is caused non-performance by the willful and wanton misconduct Landlord or negligence of the Landlord, its agents, servants or employeesemployees does not contribute hereto. Neither Landlord nor its agents, servants, or employees shall be liable to Tenant for any damages damage by or from any act of or negligence of any co-tenant or other occupant of the same Building, or by any owner or occupant of adjoining or contiguous property, provided however, that the provisions of this paragraph shall not apply to negligent or willful act or omission of Landlord or misconduct of any such individuals or entities. Tenant Xxxxxx agrees to pay for all damage to the Building or the Premises, as well as all damage to the property of Tenants tenants or occupants thereof caused by TenantXxxxxx’s misuse or neglect of the Premises, its apparatus or appurtenances or caused by any licensee, contractor, agent, invitees agent or employees of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be liable to one another for any loss, damages or injury caused by its act or neglect to the extent that the other party has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or an occupant of the Premises that is in the Building or the Premises shall be there at the risk of Tenant or other person only, and Landlord or its agent, servants, or employees (except in case of gross negligence or willful and wanton misconduct of Landlord or its agents, servants, employees) shall not be liable for: damage to or theft of or misappropriation of such property; nor for any damage to property entrusted to Landlord, its agents, servants, or employees, if any; nor for the loss of or damage to any property by theft or otherwise, by any means whatsoever, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, gas, electricity, snow, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor for any latent defect in the Premises or in the Building. Tenant shall give prompt written notice to Landlord in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment of which Tenant is aware. In case any action or proceeding be brought against Landlord by reason of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or of its agents or employees, Tenant, upon notice from Landlord shall either, at Landlord’s option, defend the same at Tenant’s expense, or Landlord may defend at Landlord’s expense and Tenant shall, upon demand by Landlord, immediately reimburse Landlord for all legal fees, cost and expense incurred by Landlord in such defense. Tenant covenants and agrees to maintain in full force and effect during the Term of this Lease (including any period prior to the beginning of the Term during which Tenant has taken possession) in responsible companies approved by Landlord (i) “All Risk” property insurance (including an endorsement for vandalism and malicious mischief) covering Tenant’s property and all alterations, additions, partitions and improvements erected by or on behalf of Tenant in, on or about the Premises in an amount not less than one hundred percent (100%) of the full replacement cost of such Property, with full waiver of subrogation rights against Landlord for any loss or damage to any of its property insured under valid and collectible insurance. Tenant also covenants and agrees to maintain business interruption and extra expense insurance in such amounts as will reimburse Tenant for direct and indirect loss of earnings attributable to all perils commonly insured against by prudent tenants or attributable to prevention of loss of access to the Premises or to the Building as a result of such perils; (ii) Commercial General Liability Insurance, insuring Tenant against all claims, demands or actions for injury to or death of any persons and/or damage to property arising out of or in connection with: (i) Tenant's operations in and maintenance and use of the Premises and (ii)Tenant's liability assumed under this Lease in an amount of not less than One Million Dollars($1,000,000.00) each occurrence (with a deductible of not more than $10,000.00) for bodily injury and property damage, One Million Dollars ($1,000,000.00) each offense for personal and advertising injury, Two Million Dollars ($2,000,000.00) general aggregate and Two Million Dollars ($2,000,000.00) products-completed operations aggregate and Two Million Dollars ($2,000,000.00) follow form umbrella liability coverage or such other amounts as Landlord may reasonably require. Landlord and all affiliated limited liability companies and corporations and all of their members, managers, officers, directors and employees and any mortgagees of Landlord are to be named as an additional insured, on a primary, non-contributory basis for any liability arising directly or indirectly from this Lease. Tenant’s liability policies shall also contain a provision providing for a waiver of subrogation in favor of Landlord; and (iii) Workers’ Compensation insurance, in statutory amounts which shall not exclude coverage for proprietors, partners, members or executive officers, covering all employees of Tenant and Employers’ Liability coverage with limits of not less than One Million Dollars ($1,000,000) for each accident or illness. Waiver of subrogation shall be provided in favor of Landlord. All liability policies shall cover the entire Premises.