Common use of DAMAGES AND INSURANCE Clause in Contracts

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceiling. Client will not cause damage to any part of the facilities or the Building or disturb the quiet enjoyment of any other licensee or occupant of the Building nor suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Offices or the common area facilities. At the termination of this Agreement, Client will return the Offices in as good of condition as when Client took possession, though normal wear and tear shall be expected. Firm shall have the right to show the Offices to prospective clients, provided Firm will use reasonable efforts not to disrupt Client’s business. Firm and its respective directors, licensors, officers, agents, servants and employees shall not, to the extent permitted by law, except upon the affirmative showing of Firm’s gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to any person or damage to, or loss or destruction of any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the Firm facilities or the Building. Without limitation of any other provision hereof, Client agrees to indemnify, defend, protect and hold Firm and its respective directors, licensors, officers, agents, servants and employees harmless from and against all liability to third parties arising out of Client’s use and occupancy of the Offices or actions or omissions of Client and its agents, employees, contractors, and invitees. Client further agrees that all personal property of Client, its agents, employees, contractors, and invitees, within or about the Firm facilities of the Building shall be at the sole risk of Client. Firm and Client each hereby waive any and all rights of recovery against each other, or against the officers, employees, agents or representatives of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If Firm’s Building or facilities are made unusable, in whole or in part by fire or other casualty not due to the negligence of Client, Firm may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore, or rehabilitate, or cause to be repaired, restored or rehabilitated, the Firm facilities, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond Firm ‘s control. The Monthly Fixed Fee for Base Services and the Monthly Fixed Fee for Office Services shall be abated on a pro rata basis for the period of time the Offices are unusable.

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceiling. Client will not cause damage to any part ceilings, nor make holes for the hanging of the facilities pictures or the Building make or disturb the quiet enjoyment of any other licensee or occupant of the Building nor suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Offices Office or the common area facilities. Client will not cause damage to any part of the Building or the property of HQ or disturb the quiet enjoyment of any other licensee or occupant of the Building. At the termination of this Agreement, Client will return the Offices Office shall be in as good of condition as when Client took possessioncommenced the use thereof, though normal wear and tear excepted. Client agrees to pay for repainting and cleaning fees for each Office occupied less than twelve 912) months by client, at a cost not to exceed One Hundred Fifty Dollars ($150.00) per Office. Client is responsible for costs of repairing any damage to office or furniture and to return each office to HQ in good condition. HQ will have the right, at any time and from time to time, to enter the Office to inspect the same, to make such repairs and alterations as HQ reasonably deems necessary, and the cost of any such repair resulting from the act or omission of Client shall be expectedreimbursed to HQ by Client upon demand. Firm HQ shall have the right to show the Offices Office to prospective clientsClients, provided Firm HQ will use reasonable efforts not to disrupt Client’s 's business. Firm HQ or Client and its respective directors, licensors, officers, agents, servants and employees shall not, to the extent permitted by law, except upon the affirmative showing of Firm’s HQ's or Client's gross negligence or willful wilful misconduct, be liable for, and Client or HQ waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to any person or damage to, or loss los or destruction of any property of ClientClient or HQ, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the Firm facilities HQ Business Center or the Building. Without limitation of any other provision hereof, Client each party hereto hereby agrees to indemnify, defend, protect defend and hold Firm harmless the other party hereto, and its respective such other party's officers, directors, licensorsemployees, officersshareholders, agentspartners, servants agents and employees harmless representatives from and against all any liability to third parties arising out of, in the case of Client as an indemnifying party, Client’s 's use and occupancy of the Offices Office or actions any Act or omissions omission constituting gross negligence or willful misconduct of Client and its agentsor Client's officers, directors, employees, shareholders, partners, agents, representatives, contractors, and inviteescustomers or invitees and, in the case of HQ as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of HQ or HQ's officers, directors, employees, shareholders, partners, agents or representatives. Subject to the foregoing, Client further agrees that assumes all risk of loss with respect to all personal property of Client, its agents, employees, contractors, contractors and invitees, within or about the Firm facilities of HQ Business Center or the Building shall be at Building. Client acknowledges that it is the sole risk of Client's responsibility to maintain insurance to cover the risks set forth in this paragraph. Firm HQ and Client each hereby waive any and all rights of recovery against each the other, or against the directors, licensors, officers, employeesagents, agents or representatives servants and employees of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If Firm’s Building or facilities are the HQ Business Center is made unusable, in whole or in part part, by fire or other casualty not due to the negligence of Client, Firm HQ may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore, restore or rehabilitate, or cause to be repaired, restored or rehabilitated, the Firm facilitiesHQ Business Center, without expense to Client, within ninety (90) days or within such longer period of time tie as may be required because of events beyond Firm ‘s HQ's control. The Monthly Fixed Fee for Base Services and the Monthly Fixed Fee for Office Services s shall be abated on a pro rata per diem basis for the period portions of time the Offices Office that are unusable.

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceiling. Client will not cause damage to any part ceilings, nor make holes for the hanging of the facilities pictures or the Building make or disturb the quiet enjoyment of any other licensee or occupant of the Building nor suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Offices Office or the common area facilities. Client will not cause damage to any part of the Building or the property of HQ or disturb the quiet enjoyment of any other licensee or occupant of the Building. At the termination of this Agreement, Client will return the Offices Office shall be in as good of condition as when Client took possessioncommenced the use thereof, though normal wear and tear excepted. Client agrees to pay for repainting each Office used less than twelve (12) months by Client, at a cost not to exceed One Hundred Fifty Dollars ($150.00) per Office. HQ will have the right, at any time and from time to time, to enter the Office to inspect the same, to make such repairs and alterations as HQ reasonably deems necessary, and the cost of any such repair resulting from the act or omission of Client shall be expectedreimbursed to HQ by Client upon demand. Firm HQ shall have the right to show the Offices Office to prospective clientsClients, provided Firm HQ will use reasonable efforts not to disrupt Client’s 's business. Firm HQ and its respective directors, licensors, officers, agents, servants and employees shall not, to the extent permitted by law, except upon the affirmative showing of Firm’s HQ's gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to any person or damage to, or loss or destruction of any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the Firm facilities HQ Business Center or the Building. Without limitation of any other provision hereof, Client each party hereto hereby agrees to indemnify, defend, protect defend and hold Firm harmless the other party hereto, and its respective such other party's officers, directors, licensorsemployees, officersshareholders, agentspartners, servants agents and employees harmless representatives from and against all any liability to third parties arising out of, in the case of Client as an indemnifying party, Client’s 's use and occupancy of the Offices Office or actions any negligent act or omissions omission of Client and its agentsor Client's officers, directors, employees, shareholders, partners, agents, representatives, contractors, and inviteescustomers or invitees and, in the case of HQ as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of HQ or HQ's officers, directors, employees, shareholders, partners, agents or representatives. Subject to the foregoing, Client further agrees that assumes all risk of loss with respect to all personal property of Client, its agents, agents employees, contractors, and invitees, within or about the Firm facilities of HQ Business Center or the Building shall be at Building. Client acknowledges that it is the sole risk of Client's responsibility to maintain insurance to cover the risks set forth in this paragraph. Firm HQ and Client each hereby waive any and all rights of recovery against each the other, or against the directors, licensors, officers, employeesagents, agents or representatives servants and employees of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If Firm’s Building or facilities are the HQ Business Center is made unusable, in whole or in part part, by fire or other casualty not due to the negligence of Client, Firm HQ may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore, restore or rehabilitate, or cause to be repaired, restored or rehabilitated, the Firm facilitiesHQ Business Center, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond Firm ‘s HQ's control. The Monthly Fixed Fee for Base Services and the Monthly Fixed Fee for Office Services shall be abated on a pro rata per diem basis for the period portions of time the Offices Office that are unusable.

DAMAGES AND INSURANCE. Client Highbury will not damage or deface the furnishings, walls, floors or ceiling. Client Highbury will not cause damage to any part of the facilities or the Building Buildings or disturb the quiet enjoyment of any other licensee or occupant of the Building Buildings nor suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Offices Buildings or the common area facilities. At the termination of this Agreement, Client Highbury will return the Offices Buildings in as good of condition as when Client Highbury took possession, though normal wear and tear shall be expected. Firm Berkshire Capital shall have the right to show the Offices Buildings to prospective clients, provided Firm Berkshire Capital will use reasonable efforts not to disrupt ClientHighbury’s business. Firm Berkshire Capital and its respective directors, licensors, officers, agents, servants and employees shall not, to the extent permitted by law, except upon the affirmative showing of FirmBerkshire Capital’s gross negligence or willful misconduct, be liable for, and Client Highbury waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to any person or damage to, or loss or destruction of any property of ClientHighbury, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the Firm facilities or the BuildingBuildings. Without limitation of any other provision hereof, Client Highbury agrees to indemnify, defend, protect and hold Firm Berkshire Capital and its respective directors, licensors, officers, agents, servants and employees harmless from and against all liability to third parties arising out of ClientHighbury’s use and occupancy of the Offices Buildings or actions or omissions of Client Highbury and its agents, employees, contractors, and invitees. Client Highbury further agrees that all personal property of ClientHighbury, its agents, employees, contractors, and invitees, within or about the Firm facilities of the Building Buildings shall be at the sole risk of ClientHighbury. Firm and Client each The parties hereby waive any and all rights of recovery against each other, or against the officers, employees, agents or representatives of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If Firm’s Building or facilities are the Buildings is made unusable, in whole or in part by fire or other casualty not due to the negligence of ClientHighbury, Firm Berkshire Capital may, at its option, terminate the Agreement upon written notice to ClientHighbury, effective upon such casualty, or may elect to repair, restore, or rehabilitate, or cause to be repaired, restored or rehabilitated, the Firm facilitiesBuildings, without expense to ClientHighbury, within ninety (90) days or within such longer period of time as may be required because of events beyond Firm ‘s Berkshire Capital’s control. The Monthly Fixed Fee for Base Services and the Monthly Fixed Fee for Office Services shall be abated on a pro rata basis for the period of time the Offices are Buildings is unusable.

DAMAGES AND INSURANCE. Client FSAC will not damage or deface the furnishings, walls, floors or ceiling. Client FSAC will not cause damage to any part of the facilities or the Building or disturb the quiet enjoyment of any other licensee or occupant of the Building nor suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Offices Building or the common area facilities. At the termination of this Agreement, Client FSAC will return the Offices Building in as good of condition as when Client FSAC took possession, though normal wear and tear shall be expected. Firm CMEM shall have the right to show the Offices Building to prospective clients, provided Firm CMEM will use reasonable efforts not to disrupt ClientFSAC’s business. Firm CMEM and its respective directors, licensors, officers, agents, servants and employees shall not, to the extent permitted by law, except upon the affirmative showing of FirmCMEM’s gross negligence or willful misconduct, be liable for, and Client FSAC waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to any person or damage to, or loss or destruction of any property of ClientFSAC, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the Firm facilities or the Building. Without limitation of any other provision hereof, Client FSAC agrees to indemnify, defend, protect and hold Firm CMEM and its respective directors, licensors, officers, agents, servants and employees harmless from and against all liability to third parties arising out of ClientFSAC’s use and occupancy of the Offices Building or actions or omissions of Client FSAC and its agents, employees, contractors, and invitees. Client FSAC further agrees that all personal property of ClientFSAC, its agents, employees, contractors, and invitees, within or about the Firm facilities of the Building shall be at the sole risk of ClientFSAC. Firm and Client each The parties hereby waive any and all rights of recovery against each other, or against the officers, employees, agents or representatives of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If Firm’s the Building or facilities are is made unusable, in whole or in part by fire or other casualty not due to the negligence of ClientFSAC, Firm CMEM may, at its option, terminate the Agreement upon written notice to ClientFSAC, effective upon such casualty, or may elect to repair, restore, or rehabilitate, or cause to be repaired, restored or rehabilitated, the Firm facilitiesBuilding, without expense to ClientFSAC, within ninety (90) days or within such longer period of time as may be required because of events beyond Firm ‘s CMEM’s control. The Monthly Fixed Fee for Base Services and the Monthly Fixed Fee for Office Services shall be abated on a pro rata basis for the period of time the Offices are Building is unusable.

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceiling. Client will not cause damage to any part ceilings, nor make holes for the hanging of the facilities pictures or the Building make or disturb the quiet enjoyment of any other licensee or occupant of the Building nor suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Offices Office or the common area facilities. Client will not cause damage to any part of the Building or the property of HQ or disturb the quiet enjoyment of any other licensee or occupant of the Building. At the termination of this Master Agreement, Client will return the Offices Office shall be in as good of condition as when Client took possessioncommenced the use thereof, though normal wear and tear excepted. Client agrees to pay for repainting and cleaning fees for each Office occupied less than twelve (12) months by Client, at a cost not to exceed Two Hundred Fifty Dollars ($250.00) per Office. Client is responsible for costs of repairing any damage to office or furniture and to return each office to HQ in good condition. HQ will have the right, at any time and from time to time, to enter the Office to inspect the same, to make such repairs and alterations as HQ reasonably deems necessary, and the cost of any such repair resulting from the act or omission of Client shall be expectedreimbursed to HQ by Client upon demand. Firm HQ shall have the right to show the Offices Office to prospective clientsClients, provided Firm HQ will use reasonable efforts not to disrupt Client’s 's business. Firm HQ or Client and its respective directors, licensors, officers, agents, servants and employees shall not, to the extent permitted by law, except upon the affirmative showing of Firm’s HQ's or Client's gross negligence or willful misconduct, be liable for, and Client or HQ waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to any person or damage to, or loss or destruction of any property of ClientClient or HQ, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the Firm facilities HQ Global Workplaces center or the Building. Without limitation of any other provision hereof, Client each party hereto hereby agrees to indemnify, defend, protect defend and hold Firm harmless the other party hereto, and its respective such other party's officers, directors, licensorsemployees, officersshareholders, agentspartners, servants agents and employees harmless representatives from and against all any liability to third parties arising out of, in the case of Client as an indemnifying party, Client’s 's use and occupancy of the Offices Office or actions any act or omissions omission constituting gross negligence or willful misconduct of Client and its agentsor Client's officers, directors, employees, shareholders, partners, agents, representatives, contractors, and inviteescustomers or invitees and, in the case of HQ as an indemnifying party, any act or omission constituting gross negligence or willful misconduct of HQ or HQ's officers, directors, employees, shareholders, partners, agents or representatives. Subject to the foregoing, Client further agrees that assumes all risk of loss with respect to all personal property of Client, its agents, agents employees, contractors, and invitees, within or about the Firm facilities of HQ Global Workplaces center or the Building shall be at Building. Client acknowledges that it is the sole risk of Client's responsibility to maintain insurance to cover the risks set forth in this paragraph. Firm HQ and Client each hereby waive any and all rights of recovery against each the other, or against the directors, licensors, officers, employeesagents, agents or representatives servants and employees of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If Firm’s Building or facilities are the HQ Global Workplaces center is made unusable, in whole or in part part, by fire or other casualty not due to the negligence of Client, Firm HQ may, at its option, terminate the Master Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore, restore or rehabilitate, or cause to be repaired, restored or rehabilitated, the Firm facilitiesHQ Global Workplaces center, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond Firm ‘s HQ's control. The Monthly Fixed Base Office Fee for Base Services and the Monthly Fixed Fee for Office Services shall be abated on a pro rata per diem basis for the period portions of time the Offices Office that are unusable.

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceiling. Client will not cause damage to any part of the facilities or the Building or disturb the quiet enjoyment of any other licensee or occupant of the Building nor suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Offices or the common area facilities. At the termination of this Agreement, Client will return the Offices in as good of condition as when Client took possession, though normal wear and tear shall be expected. Firm BSG shall have the right to show the Offices to prospective clients, provided Firm BSG will use reasonable efforts not to disrupt Client’s 's business. Firm BSG and its respective directors, licensors, officers, agents, servants and employees shall not, to the extent permitted by law, except upon the affirmative showing of Firm’s BSG's gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to any person or damage to, or loss or destruction of any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the Firm BSG facilities or the Building. Without limitation of any other provision hereof, Client agrees to indemnify, defend, protect and hold Firm BSG and its respective directors, licensors, officers, agents, servants and employees harmless from and against all liability to third parties arising out of Client’s 's use and occupancy of the Offices or actions or omissions of Client and its agents, employees, contractors, and invitees. Client further agrees that all personal property of Client, its agents, employees, contractors, and invitees, within or about the Firm BSG facilities of the Building shall be at the sole risk of Client. Firm BSG and Client each hereby waive any and all rights of recovery against each other, or against the officers, employees, agents or representatives of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If Firm’s BSG 's Building or facilities are made unusable, in whole or in part by fire or other casualty not due to the negligence of Client, Firm BSG may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore, or rehabilitate, or cause to be repaired, restored or rehabilitated, the Firm BSG facilities, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond Firm ‘s BSG 's control. The Monthly Fixed Fee for Base Services and the Monthly Fixed Fee for Office Services shall be abated on a pro rata basis for the period of time the Offices are unusable.

DAMAGES AND INSURANCE. Client HF2 will not damage or deface the furnishings, walls, floors or ceiling. Client HF2 will not cause damage to any part of the facilities or the Building Buildings or disturb the quiet enjoyment of any other licensee or occupant of the Building Buildings nor suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Offices Buildings or the common area facilities. At the termination of this Agreement, Client HF2 will return the Offices Buildings in as good of condition as when Client HF2 took possession, though normal wear and tear shall be expected. Firm Berkshire Capital shall have the right to show the Offices Buildings to prospective clients, provided Firm Berkshire Capital will use reasonable efforts not to disrupt ClientHF2’s business. Firm Berkshire Capital and its respective directors, licensors, officers, agents, servants and employees shall not, to the extent permitted by law, except upon the affirmative showing of FirmBerkshire Capital’s gross negligence or willful misconduct, be liable for, and Client HF2 waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to any person or damage to, or loss or destruction of any property of ClientHF2, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the Firm facilities or the BuildingBuildings. Without limitation of any other provision hereof, Client HF2 agrees to indemnify, defend, protect and hold Firm Berkshire Capital and its respective directors, licensors, officers, agents, servants and employees harmless from and against all liability to third parties arising out of ClientHF2’s use and occupancy of the Offices Buildings or actions or omissions of Client HF2 and its agents, employees, contractors, and invitees. Client HF2 further agrees that all personal property of ClientHF2, its agents, employees, contractors, and invitees, within or about the Firm facilities of the Building Buildings shall be at the sole risk of ClientHF2. Firm and Client each The parties hereby waive any and all rights of recovery against each other, or against the officers, employees, agents or representatives of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If Firm’s Building or facilities are the Buildings is made unusable, in whole or in part by fire or other casualty not due to the negligence of ClientXX0, Firm Xxxxxxxxx Capital may, at its option, terminate the Agreement upon written notice to ClientHF2, effective upon such casualty, or may elect to repair, restore, or rehabilitate, or cause to be repaired, restored or rehabilitated, the Firm facilitiesBuildings, without expense to ClientHF2, within ninety (90) days or within such longer period of time as may be required because of events beyond Firm ‘s Berkshire Capital’s control. The Monthly Fixed Fee for Base Services and the Monthly Fixed Fee for Office Administrative Services shall be abated on a pro rata basis for the period of time the Offices are Buildings is unusable.

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceiling. Client will not cause damage to any part of the facilities or the Building or disturb the quiet enjoyment of any other licensee or occupant of the Building nor suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Offices or the common area facilities. At the termination of this Agreement, Client will return the Offices in as good of condition as when Client took possession, though normal wear and tear shall be expected. Firm eXact shall have the right to show the Offices to prospective clients, provided Firm eXact will use reasonable efforts not to disrupt Client’s 's business. Firm eXact and its respective directors, licensors, officers, agents, servants and employees shall not, to the extent permitted by law, except upon the affirmative showing of Firm’s eXact's gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to any person or damage to, or loss or destruction of any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the Firm eXact facilities or the Building. Without limitation of any other provision hereof, Client agrees to indemnify, defend, protect and hold Firm eXact and its respective directors, licensors, officers, agents, servants and employees harmless from and against all liability to third parties arising out of Client’s 's use and occupancy of the Offices or actions or omissions of Client and its agents, employees, contractors, and invitees. Client further agrees that all personal property of Client, its agents, employees, contractors, and invitees, within or about the Firm eXact facilities of the Building shall be at the sole risk of Client. Firm eXact and Client each hereby waive any and all rights of recovery against each other, or against the officers, employees, agents or representatives of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If Firm’s eXact 's Building or facilities are made unusable, in whole or in part by fire or other casualty not due to the negligence of Client, Firm eXact may, at its option, terminate the Agreement upon notice to Client, effective upon such casualty, or may elect to repair, restore, or rehabilitate, or cause to be repaired, restored or rehabilitated, the Firm eXact facilities, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond Firm ‘s eXact 's control. The Monthly Fixed Fee for Base Services and the Monthly Fixed Fee for Office Services shall be abated on a pro rata basis for the period of time the Offices are unusable.

DAMAGES AND INSURANCE. Client Highbury will not damage or deface the furnishings, walls, floors or ceiling. Client Highbury will not cause damage to any part of the facilities or the Building or disturb the quiet enjoyment of any other licensee or occupant of the Building nor suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Offices Building or the common area facilities. At the termination of this Agreement, Client Highbury will return the Offices Building in as good of condition as when Client Highbury took possession, though normal wear and tear shall be expected. Firm Berkshire Capital shall have the right to show the Offices Building to prospective clients, provided Firm Berkshire Capital will use reasonable efforts not to disrupt ClientHighbury’s business. Firm Berkshire Capital and its respective directors, licensors, officers, agents, servants and employees shall not, to the extent permitted by law, except upon the affirmative showing of FirmBerkshire Capital’s gross negligence or willful misconduct, be liable for, and Client Highbury waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to any person or damage to, or loss or destruction of any property of ClientHighbury, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the Firm facilities or the Building. Without limitation of any other provision hereof, Client Highbury agrees to indemnify, defend, protect and hold Firm Berkshire Capital and its respective directors, licensors, officers, agents, servants and employees harmless from and against all liability to third parties arising out of ClientHighbury’s use and occupancy of the Offices Building or actions or omissions of Client Highbury and its agents, employees, contractors, and invitees. Client Highbury further agrees that all personal property of ClientHighbury, its agents, employees, contractors, and invitees, within or about the Firm facilities of the Building shall be at the sole risk of ClientHighbury. Firm and Client each The parties hereby waive any and all rights of recovery against each other, or against the officers, employees, agents or representatives of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If Firm’s the Building or facilities are is made unusable, in whole or in part by fire or other casualty not due to the negligence of ClientHighbury, Firm Berkshire Capital may, at its option, terminate the Agreement upon written notice to ClientHighbury, effective upon such casualty, or may elect to repair, restore, or rehabilitate, or cause to be repaired, restored or rehabilitated, the Firm facilitiesBuilding, without expense to ClientHighbury, within ninety (90) days or within such longer period of time as may be required because of events beyond Firm ‘s Berkshire Capital’s control. The Monthly Fixed Fee for Base Services and the Monthly Fixed Fee for Office Services shall be abated on a pro rata basis for the period of time the Offices are Building is unusable.

DAMAGES AND INSURANCE. Client will not damage or deface the furnishings, walls, floors or ceiling. Client Firm will not cause damage to any part of the facilities or the Building Offices or disturb the quiet enjoyment of any other licensee or occupant of the Building Offices nor suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Offices or the common area facilities. At the termination of this Agreement, Client will return the Offices in as good of condition as when Client took possession, though normal wear and tear shall be expected. Firm shall have the right to show the Offices to prospective clients, provided Firm will use reasonable efforts not to disrupt Client’s business. Firm and its respective directors, licensors, officers, agents, servants and employees shall not, to the extent permitted by law, except upon the affirmative showing of Firm’s gross negligence or willful misconduct, be liable for, and Client waives all right of recovery against such entities and individuals for any damage or claim with respect to any injury to any person or damage to, or loss or destruction of any property of Client, its employees, authorized persons and invitees due to any act, omission or occurrence in or about the Firm facilities or the BuildingOffices. Without limitation of any other provision hereof, Client agrees to indemnify, defend, protect and hold Firm and its respective directors, licensors, officers, agents, servants and employees harmless from and against all liability to third parties arising out of Client’s use and occupancy of the Offices or actions or omissions of Client and its agents, employees, contractors, and invitees. Client further agrees that all personal persona1 property of Client, its agents, employees, contractors, and invitees, within or about the Firm facilities of the Building shall be at the sole risk of Client. Firm and Client each The parties hereby waive any and all rights of recovery against each other, or against the officers, employees, agents or representatives of the other, for loss of or damage to its property or the property of others under its control, to the extent such loss or damage is covered by any insurance policy. If Firm’s Building or facilities the Offices are made unusable, in whole or in part by fire or other casualty not due to the negligence of Client, Firm may, at its option, terminate the this Agreement upon written notice to Client, effective upon such casualty, or may elect to repair, restore, or rehabilitate, or cause to be repaired, restored or rehabilitated, the Firm facilitiesOffices, without expense to Client, within ninety (90) days or within such longer period of time as may be required because of events beyond Firm ‘s Firm’s control. The Monthly Fixed Fee for Base Services and the Monthly Fixed Fee for Office Services shall be abated on a pro rata basis for the period of time the Offices are unusable.