Common use of Indemnification and Exculpation Clause in Contracts

Indemnification and Exculpation. 29.1 Tenant agrees to indemnify, save, defend and hold Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building or the Property arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s (or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligence. 29.2 Notwithstanding any provision of Section 29.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2. 29.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlord. 29.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 21.1 Tenant agrees to indemnify, save, defend and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building or the Property arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, hereunder except to the extent caused by Landlord’s (or any breach of its agents’Lease, employees’ or contractors’) willful misconduct or primarily attributable gross negligence. Subject to Section 21.2, Landlord agrees to indemnify, defend and save Tenant harmless from and against any and all Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building or the Property to the extent that the same arise directly or indirectly out of the breach of Lease, willful misconduct or gross negligence of Landlord or Landlord’s (employees, agents or any guests, except to the extent caused by Tenant’s breach of its agents’Lease, employees’ willful misconduct or contractors’) gross negligence. 29.2 21.2 Notwithstanding any provision of Section 29.1 21.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless except to the extent that any such loss is due to Landlord’s gross negligence or willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s its business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.221.2. 29.3 21.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 21.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 21.5 The provisions of this Article 29 21 shall survive the expiration or earlier termination of this Lease. 21.6 The indemnity from Tenant in this Article 21 is intended to specifically cover actions brought by Tenant’s own employees, with respect to acts or omissions during the term of this Lease. In that regard, with respect to Landlord, Tenant waives any immunity it may have under Washington’s Industrial Insurance Act, RCW Title 51, to the extent necessary to provide Landlord with a full and complete indemnity from claims made by Tenant and its employees, to the extent of their negligence. If losses, liabilities, damages, liens, costs and expenses covered by Tenant’s indemnity are caused by the sole negligence Landlord or by the concurrent negligence of both Landlord and Tenant, or their respective employees, agents, invitees and licensees, then Tenant shall indemnify Landlord only to the extent of Tenant’s own negligence or that of its officers, agents, employees, guests or invitees. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS ARTICLE 21 WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project arising directly or indirectly out of Tenanta Tenant Party’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s negligence or willful misconduct. In the event Landlord receives notice of a Claim for which Tenant is obligated to indemnify Landlord pursuant to the preceding sentence, then Landlord shall (a) promptly provide notice to Tenant of such Claim, (b) take all reasonable measures to mitigate any damages thereunder and (c) not enter into any settlement agreement without the express written consent of Tenant, which consent shall not be unreasonably withheld, conditioned or delayed. Subject to Sections 23.7, 28.2 and 31.12 and any subrogation provisions contained in the Work Letter, Landlord agrees to indemnify, save, defend (at Tenant's option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building, the Property or the Project arising out of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s gross negligence or willful misconduct. In the event Tenant receives notice of a Claim for which Landlord is obligated to indemnify Tenant pursuant to the preceding sentence, then Tenant shall (x) promptly provide notice to Landlord of such Claim, (y) take all reasonable measures to mitigate any damages thereunder and (z) not enter into any settlement agreement without the express written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or any of its agents’, employees’ or contractors’) gross negligencedelayed. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or explosion, water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein, (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 29.226.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease. 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 20.1. Tenant agrees to indemnify, save, defend and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building or the Property arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent unless caused solely by Landlord’s (or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligence. 29.2 20.2. Notwithstanding any provision of Section 29.1 20.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.220.2. 29.3 20.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 20.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 20.5. The provisions of this Article 29 20 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project arising directly or indirectly out of Tenanta Tenant Party’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s (negligence or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligencemisconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein, (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 29.226.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease. 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 20.1. Tenant agrees to indemnify, save, defend and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury or death to any person or damage injury to any property occurring within or about the Premises, the Building or the Property Premises arising directly or indirectly out of Tenant’s or any of Tenant’s officers, employees’, agents’ or guests’ , contractors, invitees, customers and subcontractors (collectively, “Tenant’s Agents”) use or occupancy of the Premises or Premises, (b) a breach or default by Tenant in the performance of any of its obligations hereunder, including, without limitation, tenant’s failure to perform any of its obligations in Sections 9.6 and 18.1, (c) any of the Tenant Improvements or any of the Tenant’s Alterations, (d) any determination by a Governmental Authority that the Premises during the Term, the Tenant Improvements or any of Tenant’s Alterations at any time, fails or failed to comply with the ADA, and (e) any and all cost or liability for compensation claimed by any other broker or agent, other than the Brokers, employed or engaged by Tenant or claiming to have been employed or engaged by Tenant, except to the extent caused by Landlord’s (or any of its agents’, employeesParties’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligence. 29.2 20.2. Notwithstanding any provision of Section 29.1 20.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of timetime or to Landlord Parties’ willful misconduct or gross negligence. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.220.2 except to the extent caused by Landlord Parties’ willful misconduct or gross negligence. 29.3 20.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under other than the control gross negligence or willful misconduct of the Landlord or otherwise in privity of contractual indemnity with LandlordParties. 29.4 20.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third partiesparties other than Landlord’s affiliates and agents, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. Tenant may, subject to Article 17, at its expense, install such security devices and contract for such services as Tenant determines are appropriate to deter crime or otherwise protect against criminal acts. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 20.5. Landlord agrees to indemnify, defend and save Tenant harmless from and against any and all Claims arising from (a) injury or death to any person or injury to any property occurring within or about the Premises arising directly or indirectly out of Landlord Parties’ willful misconduct or gross negligence, (b) a breach or default by Landlord in the performance of its obligations hereunder, or (c) any and all cost or liability for compensation claimed by any other broker or agent, other than the Brokers, employed or engaged by Landlord or claiming to have been employed or engaged by Landlord. 20.6. If a party (the “Indemnified Party”) becomes aware of a Claim which would reasonably be expected to result in an obligation to indemnify the Indemnified Party by the other party (the “Obligated Party”) under this Lease, the Indemnified Party shall notify the Obligated Party thereof in writing within thirty (30) days after it becomes so aware, giving a reasonably detailed description of the Claim to the extent then known, and providing a copy of any written demand, notice, summons or other paper received by the Indemnified Party; provided, however, the Indemnified Party’s failure to provide the Obligated Party notice under this Section 20.6 shall not relieve the Obligated Party’s liability hereunder except to the extent such failure to provide notice created or exacerbated the Obligated Party’s liability hereunder. In addition, the Indemnified Party shall not settle any Claims under Sections 20.1 and 20.5 without the Obligated Party’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 20.7. The provisions of this Article 29 20 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 19.1. Tenant agrees to indemnify, save, defend and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury or death to any person or damage injury to any property occurring within or about the Premises, the Building or the Property Premises arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s (or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligence. 29.2 19.2. Notwithstanding any provision of Section 29.1 19.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, or Landlord’s willful misconduct or gross negligence. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.219.2. 29.3 19.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under in connection with the control of Landlord or otherwise in privity of contractual indemnity with LandlordPremises. 29.4 19.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 19.5. The provisions of this Article 29 Section 19 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project arising directly or indirectly out of Tenanta Tenant Party’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s (the negligence or any of its agents’, employees’ or contractors’) willful misconduct of Landlord or primarily attributable to it agents, affiliates, employees or contractors (collectively with Landlord’s (or any of its agents’, employees’ or contractors’) gross negligenceeach a “Landlord Party”). 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of timetime or the gross negligence or willful misconduct of a Landlord Party, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein, (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 29.226.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease. 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of (except any Landlord or otherwise Parties, as specified in privity of contractual indemnity with Landlordthis Article). 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Subject to the provisions of Section 23.7, Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demandsClaims arising from (a) injury or death to any person or damage to any property occurring within the Premises, claimsthe Building, liabilitiesthe Property or the Project arising directly or indirectly out of Tenant’s or Tenant’s employees’, lossesagents’, costscontractors’ or invitees’ use or occupancy of the Premises, expenses, actions, causes (b) a breach or default by Tenant in the performance of action, damages or judgmentsany of its obligations hereunder, and all reasonable expenses (including without limitationc) events which were caused as a result of Tenant’s use of non-union labor for the performance of the Tenant Improvements or Alterations, reasonable attorneys’ feesin each case ((a)-(c)) except to the extent caused by Landlord’s negligence or willful misconduct. Subject to Sections 23.7 and 28.2 and any subrogation provisions contained in the Work Letter, charges Landlord agrees to indemnify, save, defend (at Tenant’s option and disbursementswith counsel reasonably acceptable to Tenant) incurred in investigating or resisting the same and hold Tenant and its owners, directors, affiliates, employees, agents and contractors (collectively, “ClaimsTenant Indemnitees”) harmless from and against any and all Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project to the extent arising directly or indirectly out of Tenant(a) Landlord’s gross negligence or Tenant’s employees’, agents’ willful misconduct or guests’ use or occupancy of the Premises or (b) a breach or default by Tenant Landlord in the performance of any of its obligations hereunder, except . 28.2. Subject to the extent caused by Landlord’s (or any provisions of its agents’Section 23.7, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligence. 29.2 Notwithstanding but otherwise notwithstanding any provision of Section 29.1 28.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, including loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2Section. 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (a) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party, (b) an act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder or (d) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project by any Tenant Party, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord’s negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.6, 28.2 and 31.12, and any subrogation provisions contained in the Work Letter, Landlord agrees to indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of its agents’any physical property occurring within or about the Premises, employees’ the Building, the Property or contractors’) willful misconduct or primarily attributable the Project to the extent directly arising out of Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) gross negligencewillful misconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building or the Property Premises arising directly or indirectly out of Tenanta Tenant Party’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s (negligence or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligencemisconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein, (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 29.226.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease. 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party or (ii) an act or omission on the part of any Tenant Party, (b) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent caused by arising directly from Landlord’s (negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) willful misconduct similar legislation. Tenant’s obligations under this Section shall survive the expiration or primarily attributable to Landlord’s (or any earlier termination of its agents’, employees’ or contractors’) gross negligencethis Lease. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising from this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 20.1 Except to the extent of the responsibility of Landlord pursuant to Section 20.2 hereof, Tenant agrees to indemnifyindemnify Landlord and its members and affiliates, saveand their respective shareholders, defend directors, managers, members, partners, lenders, officers, agents, and hold Landlord employees (collectively, “Landlord’s Agents”), against, and to protect, defend, and save them harmless from and against any and from, all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or liabilities, losses and judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectivelyincluding reasonable attorneys’ fees), “Claims”) arising from for death of or injury or death to any person or damage to property arising out of (i) any property occurring within occurrence in, upon or about the PremisesPremises during the term of this Lease, the Building or the Property arising directly or indirectly out of (ii) Tenant’s or Tenant’s employees’use, agents’ or guests’ use or occupancy occupancy, repairs, maintenance, and improvements of the Premises and all improvements, fixtures, equipment and personal property thereon, and (iii) any act or a breach or default by Tenant in the performance omission of any of Tenant, its obligations hereundershareholders, directors, officers, agents, employees, servants, contractors, invitees and subtenants, except to the extent caused by the negligence or willful misconduct of Landlord or Landlord’s Agents. Tenant’s obligation under this Section 20.1 shall survive the expiration or earlier termination of the term of this Lease. 20.2 Landlord agrees to indemnify Tenant and Tenant’s shareholders, directors, managers, members, partners, lenders, affiliates, officers, agents, and employees (collectively “Tenant’s Agents”) against and save them harmless from all demands, claims, causes of action and judgments, and all reasonable expenses incurred in investigating or resisting the same (including reasonable attorneys’ fees), for death of, or injury to, any person or damage to property arising from or out of its agents’any occurrence in, employees’ upon, or contractors’) about the Premises during the term of this Lease to the extent caused by the negligence or willful misconduct of Landlord or primarily attributable to Landlord’s (Agents. Landlord’s obligations under this Section 20.2 shall survive the expiration or any earlier termination of its agents’, employees’ or contractors’) gross negligencethe term of this Lease. 29.2 20.3 Notwithstanding any provision of Section 29.1 this Article 20 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, of damage to and loss of any fixtures, goods, inventory, merchandise, equipment, records, research, experiments, animals and other living organisms, computer hardware and software, leasehold improvements, and other personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (includingnature whatsoever, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that and Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim shall not be liable for injury to Tenant’s business or any loss of income relating therefrom relative to such damage. Tenant acknowledges that it is Tenant’s obligation to procure insurance against any such damage damages or destruction loss pursuant to Section 21.4, and that it would be impractical for Landlord to procure any such insurance in that the nature of personal property as described in this Section 29.2. 29.3 Tenant’s business makes the risks uncertain and difficult to underwrite and the potential risks are greater than Landlord is willing to assume. Therefore, regardless of the fault of Landlord, Landlord shall not be liable for any damages arising from any actsuch damage or loss. 20.4 The indemnity obligations of both Landlord and Tenant under this Section 20 shall be satisfied to the extent of proceeds of applicable insurance maintained by the indemnifying party to the extent thereof, omission or neglect and thereafter to proceeds of any applicable insurance maintained by the other tenant in party; Landlord and Tenant shall be required to satisfy any such obligation only to the Building or the Project, or extent it is not satisfied by proceeds of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordapplicable insurance as set forth above. 29.4 Tenant acknowledges that security 20.5 Security devices and services, if any, while intended to deter crime, crime may not in given instances prevent theft or other criminal acts, acts of third parties and it is agreed that Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, parties and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminalcriminal is assumed by Tenant. If Tenant shall at Tenant’s cost obtain insurance coverage to the extent Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 The provisions 20.6 Neither Landlord nor Tenant shall be liable to the other for any damages arising from any act or neglect of this Article 29 shall survive any other tenant or occupant of the expiration Building or earlier termination of this LeaseProject.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party, (b) an act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunder, (d) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord’s (Landlord or any Landlord Indemnitee’s negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.7, 28.2 and 31.12 and any subrogation provisions contained in the Work Letter, Landlord agrees to defend, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising out of the gross negligence or willful misconduct of Landlord, its agents’, employees’ , licensees and contractors occurring in the Common Areas and the Premises, excepting, however, liability caused by or contractors’) resulting from any negligence or willful misconduct or primarily attributable to Landlord’s (of Tenant or any of its agents’, employees’ or contractors’) gross negligenceTenant Party. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of either written notice by Tenant Tenant, or Landlord’s actual knowledge, of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein, (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 29.226.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease. 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building Building, the Condominium or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Pxxxx or (ii) an act or omission on the part of any Tenant Pxxxx, (b) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent caused by directly arising from Landlord’s (negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) willful misconduct similar legislation. Tenant’s obligations under this Section shall survive the expiration or primarily attributable earlier termination of this Lease. Subject to Sections 23.6, 28.2 and 31.12 and any subrogation provisions contained in the Work Letter, Landlord agrees to Indemnify the Tenant Parties from and against any and all third party Claims arising from injury to or death of any person or damage to or loss of any physical property occurring within or about the Premises, the Building, the Property or the Project to the extent directly arising from Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) gross negligencewillful misconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising from this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Xxxxx or (ii) an act or omission on the part of any Tenant Xxxxx, (b) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent caused by directly arising from Landlord’s (negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) willful misconduct similar legislation. Tenant’s obligations under this Section shall survive the expiration or primarily attributable earlier termination of this Lease. Subject to Sections 23.6, 28.2 and 31.12 and any subrogation provisions contained in the Work Letter, Landlord agrees to Indemnify the Tenant Parties from and against any and all third party Claims arising from injury to or death of any person or damage to or loss of any physical property occurring within or about the Premises, the Building, the Property or the Project to the extent directly arising from Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) gross negligencewillful misconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising from this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project arising directly or indirectly out of Tenanta Tenant Party’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s (negligence or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligencemisconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein, (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 29.226.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease. 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party that is not under the control of a Landlord or otherwise in privity of contractual indemnity with LandlordParty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1 Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party or (ii) an act or omission on the part of any Tenant Party, (b) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent caused by directly arising from Landlord’s (negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) willful misconduct similar legislation. Tenant’s obligations under this Section shall survive the expiration or primarily attributable earlier termination of this Lease. Subject to Sections 23.6, 28.2 and 31.12 and any subrogation provisions contained in the Work Letter, Landlord agrees to Indemnify the Tenant Parties from and against any and all Claims arising from injury to or death of any person or damage to or loss of any physical property occurring within or about the Premises, the Building, the Property or the Project to the extent directly arising from Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) gross negligencewillful misconduct. 29.2 28.2 Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising from this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 20.1. Tenant agrees to indemnify, save, defend and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury or death to any person or damage injury to any property occurring within or about the Premises, the Building or the Property Premises arising directly or indirectly out of Tenant’s or any of Tenant’s officers, employees’, agents’ or guests’ , contractors, invitees, customers and subcontractors (collectively, “Tenant’s Agents”) use or occupancy of the Premises or Premises, (b) a breach or default by Tenant in the performance of any of its obligations hereunder, including, without limitation, tenant’s failure to perform any of its obligations in Sections 9.6 and 18.1, (c) any of the Tenant’s Alterations, (d) any determination by a Governmental Authority that the Premises during the Term, any of Tenant’s Alterations at any time, fails or failed to comply with the ADA, and (e) any and all cost or liability for compensation claimed by any other broker or agent, other than the Brokers, employed or engaged by Tenant or claiming to have been employed or engaged by Tenant, except to the extent caused by Landlord’s (or any of its agents’, employeesParties’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligence. 29.2 20.2. Notwithstanding any provision of Section 29.1 20.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of timetime or to Landlord Parties’ willful misconduct or gross negligence. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.220.2 except to the extent caused by Landlord Parties’ willful misconduct or gross negligence. 29.3 20.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under other than the control gross negligence or willful misconduct of the Landlord or otherwise in privity of contractual indemnity with LandlordParties. 29.4 20.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third partiesparties other than Landlord’s affiliates and agents, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. Tenant may, subject to Article 17, at its expense, install such security devices and contract for such services as Tenant determines are appropriate to deter crime or otherwise protect against criminal acts. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 20.5. Landlord agrees to indemnify, defend and save Tenant harmless from and against any and all Claims arising from (a) injury or death to any person or injury to any property occurring within or about the Premises arising directly or indirectly out of Landlord Parties’ willful misconduct or gross negligence, (b) a breach or default by Landlord in the performance of its obligations hereunder, or (c) any and all cost or liability for compensation claimed by any other broker or agent, other than the Brokers, employed or engaged by Landlord or claiming to have been employed or engaged by Landlord. 20.6. If a party (the “Indemnified Party”) becomes aware of a Claim which would reasonably be expected to result in an obligation to indemnify the Indemnified Party by the other party (the “Obligated Party”) under this Lease, the Indemnified Party shall notify the Obligated Party thereof in writing within thirty (30) days after it becomes so aware, giving a reasonably detailed description of the Claim to the extent then known, and providing a copy of any written demand, notice, summons or other paper received by the Indemnified Party; provided, however, the Indemnified Party’s failure to provide the Obligated Party notice under this Section 20.6 shall not relieve the Obligated Party’s liability hereunder except to the extent such failure to provide notice created or exacerbated the Obligated Party’s liability hereunder. In addition, the Indemnified Party shall not settle any Claims under Sections 20.1 and 20.5 without the Obligated Party’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 20.7. The provisions of this Article 29 20 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1 Except to the extent caused by the negligence or willful misconduct of Landlord or any agent or employee of Landlord, Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (a) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party, (b) an act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder or (d) injury to or death of persons or damage to or loss of any property, except to real or alleged, arising from the extent caused serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law. Tenant’s obligations under this Section shall not be affected, reduced or limited by Landlordany limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant’s (obligations under this Section shall survive the expiration or any earlier termination of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligencethis Lease. 29.2 28.2 Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s negligence, intentional misconduct or willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable) except to the extent caused by the gross negligence or willful misconduct of Landlord or any agent or employee of Landlord. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section, except to the extent caused by the gross negligence or willful misconduct of Landlord or any agent or employee of Landlord. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein, (y) as may be provided by Applicable Laws or Section 29.227.2, or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, punitive, special or indirect damages arising out of this Lease (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or party, unless otherwise expressly stated in privity of contractual indemnity with Landlordthis Lease. 29.4 28.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease. 28.6 The indemnities from the parties in this Article are intended to specifically cover actions brought by the party’s own employees, with respect to acts or omissions during the term of this Lease. In that regard, with respect to the indemnitee party, the indemnitor party waives any immunity it may have under Washington’s Industrial Insurance Act, RCW Title 51, to the extent necessary to provide the indemnitee party with a full and complete indemnity from claims made by the indemnitor party and its employees, to the extent of their negligence. If losses, liabilities, damages, liens, costs and expenses covered by the indemnitor party’s indemnity are caused by the sole negligence of the indemnitee party or by the concurrent negligence of both the indemnitor party and the indemnitee party, or their respective employees, agents, contractors, invitees and licensees, then the indemnitor party shall indemnify the indemnitee party only to the extent of any indemnitor parties’ (or its respective employees, agents, contractors, invitees and licensees) negligence. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS ARTICLE WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party, (ii) an act or omission on the part of any Tenant Party, (b) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder (including any Claim asserted by any Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project by any Tenant Party, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord’s negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Section 23.6 and any subrogation provisions contained in the Work Letter, Landlord agrees to indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of its agents’any physical property occurring within or about the Premises, the Building, the Property or the Project to the extent directly arising out of Landlord’s or Landlord’s employees’ gross negligence or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligencemisconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, compensate, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (a) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party, (b) an act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder or (d) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project by any Tenant Party, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord’s negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.6, and 28.2 and any subrogation provisions contained in the Work Letter, Landlord agrees to indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of its agents’any physical property occurring within or about the Premises, employees’ the Building, the Property or contractors’) willful misconduct or primarily attributable the Project to the extent directly arising out of Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) gross negligencewillful misconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 20.1 Tenant agrees to indemnifyindemnify Landlord, saveand its members and affiliates, defend and hold Landlord their respective shareholders, directors, officers, agents, contractors and employees (collectively, “Landlord’s Agents”), against, and to protect, defend, and save them harmless from and against any and from, all demands, claims, causes of action, liabilities, losses, costs, expenses, actions, causes of action, damages or and judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectivelyincluding reasonable attorneys’ fees), “Claims”) arising from for death of or injury or death to any person or damage to property arising out of (i) any property occurring within occurrence in, upon or about the Premises, Premises during the Building term of this Lease to the extent caused by the negligence or the Property arising directly or indirectly out willful misconduct of Tenant’s Tenant or Tenant’s employees’Agents, agents’ or guests’ use or occupancy (ii) Tenant’s use, occupancy, repairs, maintenance, and improvements of the Premises and all improvements, fixtures, equipment and personal property thereon, (iii) any negligent or a breach wrongful act or default by Tenant in the performance omission of any of Tenant, its obligations hereundershareholders, directors, officers, agents, employees, servants, contractors, invitees and subtenants, except to the extent caused by the negligence or willful misconduct of Landlord or Landlord’s Agents, (iv) the breach of this Lease or the violation of any law by Tenant, and (v) Tenant’s actions under Sections 18.3 and 18.4 above. Tenant’s obligation under this Section 20.1 shall survive the expiration or earlier termination of its the term of this Lease. 20.2 Landlord agrees to indemnify Tenant, it successor, subtenants and assigns, and their respective shareholders, directors, managers, members, partners, lenders, affiliates, officers, agents’, employeesand employees (collectively “Tenant’s Agents”) against and save them harmless from all demands, claims, causes of action, liabilities, losses, costs, expenses, and judgments, and all reasonable expenses incurred in investigating or resisting the same (including reasonable attorneys’ fees), for death of, or contractors’) injury to, any person or damage to property arising from or out of any occurrence in, upon, or about the Premises or the Project to the extent at any time caused by the breach of this Lease by Landlord or the violation of any law by, or the negligence or willful misconduct of, Landlord or primarily attributable to Landlord’s (Agents. Landlord’s obligations under this Section 20.2 shall survive the expiration or any earlier termination of its agents’, employees’ or contractors’) gross negligencethe term of this Lease. 29.2 20.3 Notwithstanding any provision of Section 29.1 Sections 20.1 and 20.2 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, of damage to any fixtures, goods, inventory, merchandise, equipment, records, research, experiments, animals and other living organisms, computer hardware and software, leasehold improvements, and other personal property of any nature whatsoever of Tenant or scientific research, including, without limitation, loss of records kept by Tenant Tenant’s Agents located within the Premises Premises, and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim shall not be liable for injury to Tenant’s business or any loss of income relating therefrom relative to such damage. 20.4 The indemnity obligations of both Landlord and Tenant under this Section 20 shall be reduced first to the extent of proceeds of applicable insurance maintained by the indemnifying party to the extent thereof; Landlord and Tenant shall be required to satisfy any such damage or destruction obligation only to the extent it is not otherwise compensated by proceeds of personal property applicable insurance as described in this Section 29.2set forth above. 29.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlord. 29.4 Tenant acknowledges that security 20.5 Security devices and services, if any, while intended to deter crime, crime may not in given instances prevent theft or other criminal acts, acts of third parties and it is agreed that notwithstanding anything to the contrary herein Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, parties and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminalcriminal is assumed by Tenant. If Tenant shall at Tenant’s cost obtain insurance coverage to the extent Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 The provisions 20.6 Landlord shall not be liable for any damages arising from any act or neglect of this Article 29 shall survive any other tenant in the expiration Building or earlier termination Project, except to the extent of this Leaseinsurance proceeds applicable to such damages.

Indemnification and Exculpation. 29.1 20.1 Except to the extent of the responsibility of Landlord pursuant to Section 20.2 hereof, Tenant agrees to indemnifyindemnify Landlord and its members and affiliates, saveand their respective shareholders, defend directors, managers, members, partners, lenders, officers, agents, and hold Landlord employees (collectively, "Landlord's Agents"), against, and to protect, defend, and save them harmless from and against any and from, all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or liabilities, losses and judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectivelyincluding reasonable attorneys' fees), “Claims”) arising from for death of or injury or death to any person or damage to property arising out of any property occurring within occurrence in, upon or about the Premises, Premises during the Building term of this Lease to the extent caused by the negligence or the Property arising directly or indirectly out willful misconduct of Tenant’s or Tenant’s employees’, its shareholders, directors, officers, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, employees, servants, contractors, invitees and subtenants, except to the extent caused by Landlord’s (the negligence or any of its agents’, employees’ or contractors’) willful misconduct of Landlord or primarily attributable to Landlord’s ('s Agents. Tenant's obligation under this Section 20.1 shall survive the expiration or any earlier termination of its agents’, employees’ or contractors’) gross negligencethe term of this Lease. 29.2 20.2 Landlord agrees to indemnify Tenant and Tenant's shareholders, directors, managers, members, partners, lenders, affiliates, officers, agents, and employees (collectively "Tenant's Agents") against and save them harmless from all demands, claims, causes of action and judgments, and all reasonable expenses incurred in investigating or resisting the same (including reasonable attorneys' fees), for death of, or injury to, any person or damage to property arising from or out of any occurrence in, upon, or about the Premises during the term of this Lease to the extent caused by the negligence or willful misconduct of Landlord or Landlord's Agents, except to the extent caused by the negligence or willful conduct of Tenant or Tenant's Agents. Landlord's obligations under this Section 20.2 shall survive the expiration or earlier termination of the term of this Lease. 20.3 Notwithstanding any provision of Section 29.1 this Article 20 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, of damage to and loss of any fixtures, goods, inventory, merchandise, equipment, records, research, experiments, animals and other living organisms, computer hardware and software, leasehold improvements, and other personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (includingnature whatsoever, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that and Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim shall not be liable for injury to Tenant’s 's business or any loss of income relating therefrom relative to such damage. Tenant acknowledges that it is Tenant's obligation to procure insurance against any such damage damages or destruction loss pursuant to Sections 21.1 and 21.5, and that it would be impractical for Landlord to procure any such insurance in that the nature of personal property as described in this Section 29.2. 29.3 Tenant's business makes the risks uncertain and difficult to underwrite and the potential risks are greater than Landlord is willing to assume. Therefore, regardless of the fault of Landlord, Landlord shall not be liable for any damages arising from any actsuch damage or loss. 20.4 The indemnity obligations of both Landlord and Tenant under this Section 20 shall be satisfied to the extent of proceeds of applicable insurance maintained by the indemnifying party to the extent thereof, omission or neglect and thereafter to proceeds of any applicable insurance maintained by the other tenant in the Building or the Project, or of any other third party not under the control of party; Landlord or otherwise in privity of contractual indemnity with Landlord. 29.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes shall be required to satisfy any such obligation only to the risk that any security device or service may malfunction or otherwise be circumvented extent it is not satisfied by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate proceeds of applicable insurance coverageas set forth above. 29.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Subject to Section 23.7, Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’, contractors’ or guestsinvitees’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s negligence or willful misconduct. Subject to Sections 23.7, 28.2 and 31.12, Landlord agrees to indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold Tenant and its employees, agents and contractors harmless from and against any and all Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building, the Property or the Project arising out of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) gross negligencewillful misconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 28.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, including loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s grossly negligent or willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2Section. 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party that is not under the control an agent, consultant or contractor of Landlord or otherwise in privity of contractual indemnity with Landlord. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts. Except to the extent of Landlord’s gross negligence or intentional misconduct, but subject to Sections 23.7, 28.2 and 31.12, Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease. 28.6. The indemnities from Tenant and Landlord in this Article are intended to specifically cover actions brought by their respective employees, with respect to acts or omissions during the term of this Lease. In that regard, each of Landlord and Tenant waives with respect to the other party any immunity it may have under Washington’s Industrial Insurance Act, RCW Title 51, to the extent necessary to provide the other party with a full and complete indemnity from claims made by the waiving party and its employees, to the extent of their negligence. If losses, liabilities, damages, liens, costs and expenses covered by a either party’s indemnity are caused by the sole negligence of the other party or by the concurrent negligence of both parties, or their respective employees, agents, contractors, invitees and licensees, then the indemnifying party shall indemnify the other party only to the extent of the indemnifying party’s own negligence or that of its employees, agents, contractors or invitees. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS ARTICLE WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.

Indemnification and Exculpation. 29.1 20.1. Tenant agrees to indemnify, save, defend and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury or death to any person or damage injury to any property occurring within or about the Premises, the Building or the Property arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent unless caused solely by Landlord’s (or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligence. 29.2 20.2. Notwithstanding any provision of Section 29.1 20.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.220.2. 29.3 20.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 20.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 20.5. The provisions of this Article 29 Section 20 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 19.1. Tenant agrees to indemnify, savedefend, defend hold and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectivelyincluding, “Claims”) arising from without limitation, reasonable attorneys' fees, charges and disbursements), for injury or death to any person or damage injury to any property occurring within or about the Demised Premises, the Building or the Property arising directly or indirectly out of Tenant’s 's, its employees, agents or Tenant’s employees’, agents’ or guests’ guests use or occupancy of the Demised Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, hereunder except to the extent caused by Landlord’s (due to the willful act or any gross negligence of the Landlord or its agents’, contractors or employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligence. 29.2 Notwithstanding any provision of Section 29.1 to the contrary, 19.2. Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, of damage to personal property or scientific research, including, without limitation, including loss of records kept by Tenant within the Demised Premises if the cause of such damage is of a nature which, if Tenant had elected to maintain fire and theft insurance with extended coverage and business records endorsement available on a commercially reasonable basis, would be a loss subject to settlement by the insurance carrier, including, but not limited to, damage or losses caused by fire, electrical malfunctionmalfunctions, gas explosion or explosion, and water damage of any type (includingtype, without limitationincluding but not limited to, broken water lines, malfunctioning malfunction of fire sprinkler systemssystem, roof leaks leakage or stoppages of lines), lines unless any and except if such loss is due to Landlord’s willful disregard of Landlord after written notice by Tenant of need for of a repair that which Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s 's business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2including any loss of records. 29.3 19.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 Tenant acknowledges that security 19.4. Security devices and services, if any, while intended to deter crime, crime may not in given instances prevent theft or other criminal acts, acts and it is agree that Landlord shall not be liable for injuries or losses caused by criminal acts of third partiesparties and the Lease Aid Association for Lutherans and Trega Biosciences, and Tenant assumes the Inc. September 24, 1997 risk that any security device or service may malfunction or otherwise be circumvented by a criminalcriminal is assumed by Tenant. If Tenant shall at Tenant's cost obtain insurance coverage to the extent Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 27.1 Tenant agrees to indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord and Landlord Indemnities harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building Buildings, the Property or the Property Project arising directly or indirectly out of Tenant’s 's or Tenant’s 's employees’', agents’ ', contractors' or guests’ use invitees' negligence or occupancy of the Premises willful misconduct or a breach or default Default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord's negligence or willful misconduct. Landlord shall be liable for, and shall indemnify, defend, protect and hold Tenant and Tenant’s partners, officers, directors, employees, agents, successors and assigns (collectively, “Tenant Indemnified Parties”) harmless from and against any and all Claims arising or resulting from (a) any negligent or willful misconduct of Landlord or any of its Landlord’s agents’, employees’ , contractors or contractors’licensees in or about the Premises, the Building or the Property (collectively, “Landlord Parties”); and/or (b) willful misconduct or primarily attributable to any default by Landlord of any obligations on Landlord’s (part to be performed under the terms of this Lease; provided, however, that Landlord's indemnity obligations shall not extend to loss of business, loss of profits or any of its agents’, employees’ or contractors’) gross negligenceother consequential damages which may be suffered by Tenant. 29.2 27.2 Notwithstanding any provision of Section 29.1 27.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, including loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s 's willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s 's business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2Section. 29.3 27.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building Buildings or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 27.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s 's sole cost and expense, obtain appropriate insurance coverage. 29.5 27.5 Notwithstanding anything contained in this Lease to the contrary and except as provided in Section 26, neither party will be liable to the other for any business interruption, loss of profit or other punitive or consequential damages arising out of this Lease or any Default hereunder. 27.6 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 20.1. Tenant agrees to indemnify, save, defend and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building or the Property arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent unless caused solely by Landlord’s (or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligence. 29.2 20.2. Notwithstanding any provision of Section 29.1 20.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.220.2. 29.3 20.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 20.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 20.5. The provisions of this Article 29 20 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project (with respect to the Fifth Floor Premises, from and after the Term Commencement Date, and with respect to the Second Floor Premises, from and after the date that Tenant first accesses the Second Floor Premises for the purpose of performing the Second Floor Tenant Improvements after the Execution Date), arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a breach Tenant Party or (ii) an act or omission (where there was a duty to act) on the part of any Tenant Party, (b) a default by Tenant in the performance of any of its obligations hereunderhereunder (beyond applicable notice and cure periods), or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent caused by directly arising from Landlord’s (negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) willful misconduct similar legislation. Tenant’s obligations under this Section shall survive the expiration or primarily attributable to Landlord’s (or any earlier termination of its agents’, employees’ or contractors’) gross negligencethis Lease. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise expressly provided herein (including, without limitation, Section 29.227.2). (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential or indirect damages (including lost profits), and in no case shall either party be liable to the other for special or punitive damages arising from this Lease (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under unless said third party was acting by, through or at the control direction of Landlord or otherwise in privity of contractual indemnity with Landlord. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease. 28.6. The Indemnity from Tenant in this Article is intended to specifically cover actions brought by Tenant’s own employees, with respect to acts or omissions during the term of this Lease. In that regard, with respect to Landlord, Tenant waives any immunity it may have under Washington’s Industrial Insurance Act, RCW Title 51, to the extent necessary to provide Landlord with a full and complete Indemnity from claims made by Tenant and its employees, to the extent of their negligence. If losses, liabilities, damages, liens, costs and expenses covered by Tenant’s Indemnity arise from the sole negligence of Landlord Parties or by the concurrent negligence of both Landlord and Tenant, or their respective employees, agents, contractors, invitees and licensees, then Tenant shall Indemnify Landlord only to the extent of any Tenant Parties’ negligence. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS ARTICLE WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party, (ii) an act or omission on the part of any Tenant Party, (b) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder (including any Claim asserted by any Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord’s (negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) willful misconduct similar legislation. Tenant’s obligations under this Section shall survive the expiration or primarily attributable earlier termination of this Lease. Subject to Sections 23.6, 28.2 and 31.12 and any subrogation provisions contained in the Work Letter, Landlord agrees to Indemnify the Tenant Parties from and against any and all Claims arising from injury to or death of any person or damage to or loss of any physical property occurring within or about the Premises, the Building, the Property or the Project to the extent directly arising out of Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) gross negligencewillful misconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 27.1. Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, the Building or the Property Premises arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises by a Tenant Party or (ii) an act or omission on the part of any Tenant Party, (b) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent caused by arising directly from Landlord’s (negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) willful misconduct similar legislation. Tenant’s obligations under this Section shall survive the expiration or primarily attributable to Landlord’s (or any earlier termination of its agents’, employees’ or contractors’) gross negligencethis Lease. 29.2 27.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.226.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 20 or Section 25.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising from this Lease, including lost profits (provided that this Subsection 27.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 27.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 27.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal, or that Landlord may decide (in its sole and absolute discretion) not to monitor any installed security devices. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 27.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury to or death to of any person or damage to any property occurring within or about the Premises, the Building or the Property arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ (a) the use or occupancy of the Premises or Property by a Tenant Party, (b) an act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder or (d) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Property, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent caused by Landlord’s negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.5, 28.2 and 31.12 and any subrogation provisions contained in the Work Letter, Landlord agrees to indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of its agents’any physical property occurring within or about the Premises, employees’ the Building or contractors’) willful misconduct or primarily attributable the Property to the extent directly arising out of Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) gross negligencewillful misconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the ProjectProperty, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 20.1 Tenant agrees to indemnify, save, defend and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury or death to any person or damage injury to any property occurring within or about the Premises, the Building or the Property arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises Property or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s (or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (negligence or any breach of its agents’, employees’ or contractors’) gross negligencethis Lease. 29.2 20.2 Notwithstanding any provision of Section 29.1 20.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s negligent or willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.220.2. Notwithstanding anything to the contrary in this Lease, Landlord shall not be released or indemnified from, and shall indemnify, defend, protect and hold harmless Tenant from, all losses, damages, liabilities, claims, attorneys’ fees, costs and expenses to the extent arising from the gross negligence or willful misconduct of Landlord or its agents, contractors, licensees or invitees, Landlord’s violation of any Applicable Laws, or a breach of Landlord’s obligations or representations under this Lease. 29.3 20.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 20.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts. Except to the extent resulting from Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 20.5 The provisions of this Article 29 Section 20 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1 Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party or (ii) an act or omission on the part of any Tenant Party, (b) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document or by Ground Lessor under the Ground Lease as a direct result of such breach or default by Tenant) or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project by Tenant or any Tenant Party (including, without limitation, any person or entity hired by Tenant or any Tenant Party to serve alcoholic beverages), including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent caused by arising directly from Landlord’s (negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) willful misconduct similar legislation. Tenant’s obligations under this Section shall survive the expiration or primarily attributable to Landlord’s (or any earlier termination of its agents’, employees’ or contractors’) gross negligencethis Lease. 29.2 28.2 Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property; products manufactured, produced or stored by Tenant; or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to TenantXxxxxx’s business or loss of income relating to any such damage or destruction of personal property property; products manufactured, produced or stored by Tenant; or scientific research as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising from this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant Xxxxxx assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal, or that Landlord may decide (in its sole and absolute discretion) not to monitor any installed security devices. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Subject to Section 23.8, Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party or (ii) an act or omission on the part of any Tenant Party, (b) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except in each case to the extent caused by arising directly from Landlord’s (negligence or willful misconduct. Tenant’s obligations under this Section {A0622646.2 } 37 shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) willful misconduct similar legislation. Tenant’s obligations under this Section shall survive the expiration or primarily attributable earlier termination of this Lease. Subject to Sections 23.7, 28.2 and 31.13 and any subrogation provisions contained in the Work Letter, Landlord agrees to Indemnify the Tenant Parties from and against any and all Claims arising from injury to or death of any person or damage to or loss of any physical property occurring within or about the Premises, the Building, the Property or the Project to the extent arising directly from Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) gross negligencewillful misconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising from this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, any Building, the Building Property or the Property Project, arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party or (ii) an act or omission on the part of any Tenant Party, (b) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent caused by arising directly from Landlord’s (or the Landlord Parties’ negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) willful misconduct similar legislation. Tenant’s obligations under this Section shall survive the expiration or primarily attributable earlier termination of this Lease. Subject to Sections 28.2 and 31.13, Landlord agrees to Indemnify the Tenant Parties from and against any and all Claims arising from injury to or death of any person or damage to or loss of any physical property occurring within or about the Premises, the Buildings, the Property or the Project to the extent arising directly from Landlord’s (or any of its agents’, employeesLandlord’s Parties’ gross negligence or contractors’) gross negligencewillful misconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, 28.3. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2. 29.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the any Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal, or that Landlord may decide (in its sole and absolute discretion) not to monitor any installed security devices. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend and hold Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project arising directly or indirectly out of (a) Tenant’s or Tenant’s employees’, agents’, contractors’ or guestsinvitees’ use or occupancy of the Premises Premises, or (b) a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s negligence or willful misconduct. In the event Landlord receives notice of a Claim for which Tenant is obligated to indemnify Landlord pursuant to the preceding sentence, then Landlord shall (x) promptly provide notice to Tenant of such Claim, (y) take all reasonable measures to mitigate any damages thereunder, and (z) not enter into any settlement agreement without the express written consent of Tenant, which consent shall not be unreasonably withheld, conditioned or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligencedelayed. 29.2 28.2. Notwithstanding any provision of Section 29.1 28.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, including loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2Section. 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project arising directly or indirectly out of Tenanta Tenant Party’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s (negligence or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligencemisconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due primarily to Landlord’s active negligence (and in such event Landlord’s liability shall not exceed Landlord’s Causal Share), willful misconduct or willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein, (y) as may be provided by Applicable Laws, or (z) in the event of Tenant’s breach of Article 21 or Section 29.226.1 or as set forth in Section 27.2, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease. 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 20.1. Tenant agrees to indemnify, save, defend and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury or death to any person or damage injury to any property occurring within or about the Premises, the Building or the Property arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent extent, if any, caused by Landlord’s (or any of its agents’, employees’ or contractors’) the willful misconduct or primarily attributable to negligence of Landlord’s (or any of , its agents’, employees’ employees or contractors’) gross negligence. 29.2 20.2. Notwithstanding any provision of Section 29.1 20.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to the gross negligence or willful misconduct of Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, its agents or employees. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.220.2. 29.3 20.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 20.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 20.5. Notwithstanding anything in this Article 20 to the contrary, in the event of the concurrent negligence of Tenant, its agents, employees, subtenants, invitees, licensees, or contractors on the one hand, and that of Landlord, and Landlord’s officers, directors or partners, contractors, employees and agents (including any management company and its employees) on the other hand, which concurrent negligence results in injury or damage to persons or property and relates to the construction, alteration, repair, addition to, subtraction from, improvement to or maintenance of the Premises, Common Areas or Building, each party’s obligation to indemnify the other as set forth in this Article 20 shall be limited to the extent of the indemnifying party’s negligence and that of its agents, employees, subtenants, invitees, licensees or contractors, including its proportional share of costs, reasonable attorneys’ fees, and expenses incurred in connection with any claim, action or proceeding brought with respect to such injury or damage. 20.6. The provisions of this Article 29 20 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 20.1. Tenant agrees to indemnify, save, defend and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury or death to any person or damage injury to any property occurring within or about the Premises, the Building or the Property Premises arising directly or indirectly out of Tenant or any of Tenant’s or officers, employees, agents, contractors, invitees, customers and subcontractors (collectively, “Tenant’s employees’, agents’ or guests’ Agents”) use or occupancy of the Premises or Premises, (b) a breach or default by Tenant in the performance of any of its obligations hereunder, including, without limitation, tenant’s failure to perform any of its obligations in Sections 10.7 and 18.1, (c) any of the Tenant Alterations, (d) any determination by a Governmental Authority that the Premises during the Term, or any of Tenant’s Alterations at any time, fails or failed to comply with the ADA, and (e) any and all cost or liability for compensation claimed by any other broker or agent, other than the Brokers, employed or engaged by Tenant or claiming to have been employed or engaged by Tenant, except to the extent caused by Landlord’s (or any of its agents’, employeesParties’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligence. 29.2 20.2. Notwithstanding any provision of Section 29.1 20.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of timetime or to Landlord Parties’ willful misconduct or gross negligence. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.220.2 except to the extent caused by Landlord Parties’ willful misconduct or gross negligence. 29.3 20.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under other than the control gross negligence or willful misconduct of the Landlord or otherwise in privity of contractual indemnity with LandlordParties. 29.4 20.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third partiesparties other than Landlord’s affiliates and agents, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. Tenant may, subject to Article 17, at its expense, install such security devices and contract for such services as Tenant determines are appropriate to deter crime or otherwise protect against criminal acts. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 20.5. Landlord agrees to indemnify, defend and save Tenant harmless from and against any and all Claims arising from (a) injury or death to any person or injury to any property occurring within or about the Premises arising directly or indirectly out of Landlord Parties’ willful misconduct or gross negligence, (b) a breach or default by Landlord in the performance of its obligations hereunder, or (c) any and all cost or liability for compensation claimed by any other broker or agent, other than the Brokers, employed or engaged by Landlord or claiming to have been employed or engaged by Landlord. 20.6. If a party (the “Indemnified Party”) becomes aware of a Claim which would reasonably be expected to result in an obligation to indemnify the Indemnified Party by the other party (the “Obligated Party”) under this Lease, the Indemnified Party shall notify the Obligated Party thereof in writing within thirty (30) days after it becomes so aware, giving a reasonably detailed description of the Claim to the extent then known, and providing a copy of any written demand, notice, summons or other paper received by the Indemnified Party; provided, however, the Indemnified Party’s failure to provide the Obligated Party notice under this Section 20.6 shall not relieve the Obligated Party’s liability hereunder except to the extent such failure to provide notice created or exacerbated the Obligated Party’s liability hereunder. In addition, the Indemnified Party shall not settle any Claims under Sections 4.3, 20.1, 20.5 and 25.10 without the Obligated Party’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 20.7. The provisions of this Article 29 20 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1 Tenant agrees to indemnify, save, defend (at Xxxxxxxx’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building or the Property Project arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’, contractors’ or guestsinvitees’ use or occupancy of the Premises Project or a breach or default by Tenant in the performance of any of its obligations hereunder, except in all cases to the extent caused by Landlord’s (or any of its agentsLandlord’s employees’, employeesagents’ or contractors’’ negligence or willful misconduct. Xxxxxxxx agrees to indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) willful misconduct and hold the Tenant and Tenant’s affiliates, employees, agents, and contractors harmless from and against any and all Claims arising from injury or primarily attributable death to any person or damage to any property occurring within or about the Project arising directly out of Landlord’s (or any of its agentsLandlord’s employees’, employeesagents’ or contractors’ gross negligence or willful misconduct, except in all cases to the extent caused by Xxxxxx’s or Tenant’s employees’) gross negligence, agents’ or contractors’ negligence or willful misconduct. 29.2 28.2 Notwithstanding any provision of Section 29.1 28.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, including loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of failure to respond to written notice by Tenant Xxxxxx of need for a repair that Landlord is responsible to make for an unreasonable period of timeten (10) business days. Tenant further waives any claim for injury to TenantXxxxxx’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2Section. 29.3 28.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of for any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant Xxxxxx assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 19.1. Subject to Section 19.5 below, Tenant agrees to indemnify, save, defend and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury or death to any person or damage to any property occurring within or about the Premises, Premises arising: (a) out of conditions that exist on the Building Execution Date; or the Property arising (b) directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent unless caused solely by Landlord’s (or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligence. 29.2 19.2. Notwithstanding any provision of Section 29.1 19.1 to the contrary, but subject to Section 19.5 below, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s gross negligence, willful misconduct and/or willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.219.2. 29.3 19.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any third party other tenant in than the Building gross negligence or the Project, or willful misconduct of any other third party not under the control of Landlord’s officers, employees, agents, general partners, members, and Lenders (“Landlord or otherwise in privity of contractual indemnity with LandlordParties”). 29.4 19.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Notwithstanding any contrary provision of this Lease, neither Landlord nor Tenant shall be liable to the other party for any consequential damages, loss of business or profit for a breach or default under this Lease; provided that this sentence shall not limit Landlord’s damages if, as a result of Tenant’s breach of this Lease: (a) Landlord does not or is unable to lease the Premises to another party, or (b) a third party is unable to occupy the Premises on the date specified in such third party’s lease. 29.5 19.5. Tenant shall not be required to indemnify and hold Landlord harmless from any Claim to any person, property or entity resulting from the grossly negligent acts or omissions or willful misconduct of the Landlord Parties in connection with the Landlord Parties’ activities in, on or about the Premises, and Landlord hereby agrees to so indemnify and holds Tenant harmless from any such Claims. 19.6. The provisions of this Article 29 19 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1 Except to the extent caused by or resulting from Landlord’s negligence or willful misconduct, Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (a) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party, (b) an act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder or (d) injury to or death of persons or damage to or loss of any property, except real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.7, 28.2 and 31.12, Landlord agrees to indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of any physical property occurring within or about the Premises, the Building, the Property or the Project to the extent caused by directly arising out of Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligencemisconduct. 29.2 28.2 Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2. 29.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant Section. Notwithstanding anything in the Building foregoing or this Lease to the Projectcontrary, except (x) as otherwise provided herein, (y) as may be provided by Applicable Laws or (z) in the event of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlord. 29.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.breach of

Indemnification and Exculpation. 29.1 29.1. Tenant agrees to indemnify, save, defend and hold Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building Premises or the Property Project arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s (or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable gross negligence. Notwithstanding the above, with respect to Landlordany Claims accruing prior to the Term Commencement Date, Tenant’s indemnity obligation under this Lease shall be limited to Claims made by or against Landlord only, to the extent such Claims arise from (a) Exempt Causes, as defined in Section 44.3 below, (b) the acts or failures to act of Tenant or any employee, contractor or agent of its agents’Tenant acting on behalf of Tenant and such acts or failures to act are not related to the construction of the Tenant Improvements, employees’ or contractors’(c) gross negligencethe acts or failures to act of Tenant or any employee, contractor or agent of Tenant acting on behalf of Tenant and such acts or failures to act are related to the construction of the Tenant Improvements (provided, however, that in the case of any Claim under this Subsection 29.1(c), the amounts recoverable from Tenant shall be limited as provided in Article 44 below). 29.2 29.2. Notwithstanding any provision of Section 29.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2. 29.3 29.3. Landlord shall not be liable for any damages arising from any act, omission failure to act or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 29.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 29.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building Buildings, the Property or the Property Project arising directly or indirectly out of Tenanta Tenant Party’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s (negligence or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligencemisconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or explosion, water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein, (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 29.226.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease. 29.3 28.3. Neither Landlord nor Tenant shall be liable for any damages arising from any act, omission or neglect of any other tenant in the Buildings or the Project. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building or the Property Project arising directly or indirectly out of Tenant’s 's or Tenant’s 's employees’', agents’ ', contractors' or guests’ invitees' use or occupancy of the Premises Project or a breach or default by Tenant in the performance of any of its obligations hereunder, except in all cases to the extent caused by Landlord’s 's or Landlord's employees', agents' or contractors' negligence or willful misconduct. Landlord agrees to indemnify, save, defend (or any of its agents’at Tenant's option and with counsel reasonably acceptable to Tenant) and hold the Tenant and Tenant's affiliates, employees’ , agents, and contractors harmless from and against any and all Claims arising from injury or death to any person or damage to any property occurring within or about the Project arising directly out of Landlord's or Landlord's employees', agents' or contractors’) ' gross negligence or willful misconduct misconduct, except in all cases to the extent caused by Tenant's or primarily attributable to Landlord’s (or any of its Tenant's employees', agents’, employees’ ' or contractors’) gross negligence' negligence or willful misconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 28.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, including loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of 's failure to respond to written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of timeten (10) business days. Tenant further waives any claim for injury to Tenant’s 's business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2Section. 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of for any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s 's sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 22.1. Subject to Section 22.6 below, Tenant agrees to indemnify, save, defend and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury to or death to of any person or damage to any property occurring within or about the Premises, the Building or the Property arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises Property or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent unless caused solely by Landlord’s (or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligence. 29.2 22.2. Landlord agrees to indemnify, defend and save Tenant harmless from and against any and all Claims arising from injury to or death of any person or damage to any property occurring within or about the Diversified Space that arise directly out of Landlord’s obligations under the Diversified Lease after the Effective Date, unless (a) caused by Tenant’s acts or omissions, or (b) arising from Tenant’s performance, or Tenant’s failure to perform, any of Tenant’s obligations under this Lease. 22.3. Notwithstanding any provision of Section 29.1 22.1 to the contrary, but subject to Section 22.5 below, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises Property and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s gross negligence, willful misconduct and/or willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.222.2. 29.3 22.4. Landlord shall not be liable for any damages arising from any act, omission or neglect of any third party other tenant in than the Building gross negligence or the Project, or willful misconduct of any other third party not under the control of Landlord’s officers, employees, agents, general partners, members, and Lenders (“Landlord or otherwise in privity of contractual indemnity with LandlordParties”). 29.4 22.5. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Notwithstanding any contrary provision of this Lease, neither Landlord nor Tenant shall be liable to the other party for any consequential damages, loss of business or profit for a breach or default under this Lease; provided that this sentence shall not limit Landlord’s damages if, as a result of Tenant’s breach of this Lease: (a) Landlord does not or is unable to lease the Premises to another party, or (b) a third party is unable to occupy the Premises on the date specified in such third party’s lease. 29.5 22.6. Tenant shall not be required to indemnify and hold Landlord harmless from any Claim to any person, property or entity resulting from the grossly negligent acts or omissions or willful misconduct of the Landlord Parties in connection with the Landlord Parties’ activities in, on or about the Property, and Landlord hereby agrees to so indemnify and holds Tenant harmless from any such Claims. 22.7. The provisions of this Article 29 22 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 20.1 Tenant agrees to indemnifyindemnify Landlord, saveand its partners and affiliates, defend and hold Landlord their respective shareholders, directors, officers, agents, contractors and employees (collectively, “Landlord’s Agents”), against, and to protect, defend, and save them harmless from and against any and from, all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or liabilities, losses and judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectivelyincluding reasonable attorneys’ fees), for death of or injury to person or damage to property arising out of (i) Tenant’s use, occupancy, repairs, maintenance, and improvements of the Premises and all improvements, fixtures, equipment and personal property thereon, and (ii) any act or omission of Tenant, its shareholders, directors, officers, agents, employees, servants, contractors, invitees and subtenants. Tenant’s obligation under this Section 20.1 shall survive the expiration or earlier termination of the term of this Lease. 20.2 Landlord agrees to indemnify Tenant and Tenant’s shareholders, directors, officers, agents, and employees (collectively “ClaimsTenant’s Agents”) arising against and save them harmless from all demands, claims, causes of action and judgments, and all reasonable expenses incurred in investigating or resisting the same (including reasonable attorneys’ fees), for death of, or injury or death to to, any person or damage to property arising from or out of any property occurring within occurrence in, upon, or about the PremisesPremises during the term of this Lease if caused by the willful misconduct or gross negligence of Landlord or Landlord’s directors, officers, agents, employees, servants, contractors, invitees and subtenants, unless caused in part by the Building willful misconduct or the Property arising directly or indirectly out gross negligence of Tenant’s Tenant or Tenant’s employees’, agents’ Agents. Landlord’s obligations under this Section 20.2 shall survive the expiration or guests’ use or occupancy earlier termination of the Premises or a breach or default by Tenant in the performance term of any of its obligations hereunder, except to the extent caused by Landlord’s (or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligencethis Lease. 29.2 20.3 Notwithstanding any provision of Section 29.1 Sections 20.1 and 20.2 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, of damage to any fixtures, goods, inventory, merchandise, equipment, records, research, experiments, animals and other living organisms, computer hardware and software, leasehold improvements, and other personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (includingnature whatsoever, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that and Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim shall not be liable for injury to Tenant’s business or any loss of income relating therefrom relative to any such damage or destruction of personal property as described in this Section 29.2. 29.3 Landlord shall not be liable for any damages arising from any actdamage, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlord. 29.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, Landlord shall not be liable for injuries or losses unless caused by criminal acts of third parties, and Tenant assumes the risk that any security device Landlord’s or service may malfunction Landlord’s Agents’ willful misconduct or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coveragegross negligence. 29.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’, contractors’ or guestsinvitees’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s negligence or willful misconduct. Subject to Sections 23.7, 28.2 and 31.12 and any subrogation provisions contained in the Work Letter, Landlord agrees to indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold Tenant and its employees, agents and contractors harmless from and against any and all Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building, the Property or the Project arising out of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) gross negligencewillful misconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to (a) personal property or scientific research, including, without limitation, including loss of records kept by Tenant within the Premises and (b) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless unless, (y) with respect to (a) and (b), any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of timetime or (z) with respect to (a), such damage is caused solely by Landlord’s gross negligence or willful misconduct; provided, however, that in no event shall Landlord’s liability exceed the amount of insurance proceeds received by Landlord from policies that Landlord is required to carry pursuant to this Lease. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2Section. 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 23.1 Tenant agrees to indemnify, save, defend and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury or death to any person or damage injury to any property occurring within or about the Premises, the Building or the Property arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent unless caused solely by Landlord’s (or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligence. 29.2 23.2 Notwithstanding any provision of Section 29.1 23.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.223.2. 29.3 23.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 23.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 23.5 The provisions of this Article 29 23 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 29.1. Tenant agrees to indemnify, save, defend and hold Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building or the Property arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s (the willful misconduct or gross negligence of Landlord or its employees or agents or a breach or default by Landlord in the performance of any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligenceobligations hereunder. 29.2 29.2. Notwithstanding any provision of Section 29.1 to the contrary, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of timetime or to the gross negligence or willful misconduct of Landlord or any of Landlord’s employees, agents or contractors. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2. 29.3 29.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord (other than Landlord’s employees, agents or otherwise in privity of contractual indemnity with Landlordcontractors). 29.4 29.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 29.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease. 29.6. Landlord agrees to indemnify, save, defend and hold Tenant harmless from and against any and all Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building or the Property to the extent arising out of Landlord’s or Landlord’s employees’ gross negligence or willful misconduct, except to the extent caused by Tenant or any of Tenant’s employees, agents, contractors or invitees. 29.7. The indemnities in this Article 29 are intended to specifically cover actions brought by the indemnifying party’s own employees, with respect to acts or omissions during the term of this Lease. In that regard, with respect to the other, each party waives any immunity it may have under Washington’s Industrial Insurance Act, RCW Title 51, to the extent necessary to provide the indemnified party with a full and complete indemnity from claims made by the indemnifying party and its employees, to the extent of their negligence. If losses, liabilities, damages, liens, costs and expenses covered by an indemnity are caused by the sole negligence of the indemnified party or by the concurrent negligence of both Landlord and Tenant or their respective employees, agents, invitees and licensees, then the indemnifying party shall indemnify the other only to the extent of the indemnifying party’s own negligence or that of its officers, agents, employees, guests or invitees. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS ARTICLE 29 WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM. 29.8. Notwithstanding anything in this Lease or any Confidentiality Agreement to the contrary entered into by Landlord or any other party, in no event shall Landlord be liable to Tenant for special, consequential, exemplary or punitive damages, of for lost profits or loss of business opportunity. This limitation also applies to and supercedes anything to the contrary in any Confidentiality Agreement.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (a) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party, (b) an act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder or (d) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord’s negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.6, 28.2 and 31.12, Landlord agrees to indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of its agents’any physical property occurring within or about the Premises, employees’ the Building, the Property or contractors’) willful misconduct or primarily attributable the Project to the extent directly arising out of Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) gross negligencewillful misconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party or (ii) an act or omission on the part of any Tenant Party, (b) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent caused by arising directly from Landlord’s (negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) willful misconduct similar legislation. Tenant’s obligations under this Section shall survive the expiration or primarily attributable to Landlord’s (or any earlier termination of its agents’, employees’ or contractors’) gross negligencethis Lease. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising from this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty, except as expressly set forth herein. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal, or that Landlord may decide (in its sole and absolute discretion) not to monitor any installed security devices. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury or death to any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’, contractors’ or guestsinvitees’ use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by Landlord’s (negligence or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligencemisconduct. 29.2 Notwithstanding any provision of Section 29.1 to the contrary, except in cases involving Landlord’s gross negligence and willful misconduct, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, including loss of records kept by Tenant within the Premises and damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2Section. Notwithstanding the foregoing, in no event shall Landlord be liable to Tenant for special, consequential or punitive damages. 29.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1 Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Unit, the Property or the Property Project, arising directly or indirectly out of Tenant’s the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises Premises, Project by a Tenant Party, (b) an act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunder, (d) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord’s (Landlord or any Landlord Indemnitee’s negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.7, 28.2 and 31.12 and any subrogation provisions contained in the Work Letter, Landlord agrees to defend, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising out of the gross negligence or willful misconduct of Landlord, its agents’, employees’ , licensees and contractors occurring in the Common Areas and the Premises, excepting, however, liability caused by or contractors’) resulting from any negligence or willful misconduct or primarily attributable to Landlord’s (of Tenant or any of its agents’, employees’ or contractors’) gross negligenceTenant Party. 29.2 28.2 Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of either written notice by Tenant Tenant, or Landlord’s actual knowledge, of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein, (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 29.226.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease. 29.3 28.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building Building, the Unit, the Condominium or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 28.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1 Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (a) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party, (b) an act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder or (d) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord’s negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.6, 28.2 and 31.12 and any subrogation provisions contained in the Work Letter, Landlord agrees to indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of its agents’any physical property occurring within or about the Premises, employees’ the Building, the Property or contractors’) willful misconduct or primarily attributable the Project to the extent directly arising out of Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) gross negligencewillful misconduct. 29.2 28.2 Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party or (ii) an act or omission on the part of any Tenant Party, (b) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent caused by arising directly from Landlord’s (negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) willful misconduct similar legislation. Tenant’s obligations under this Section shall survive the expiration or primarily attributable to Landlord’s (or any earlier termination of its agents’, employees’ or contractors’) gross negligencethis Lease. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing to the contrary, except (w) the immediately following sentence, (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1; in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising from this Lease, including lost profits. This Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease. 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1 Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party or (ii) an act or omission on the part of any Tenant Party, (b) a breach or default by Tenant in the performance of any of its obligations hereunder, or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project by any Tenant Party, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent caused by arising directly from Landlord’s (negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) willful misconduct similar legislation. Tenant’s obligations under this Section shall survive the expiration or primarily attributable to Landlord’s (or any earlier termination of its agents’, employees’ or contractors’) gross negligencethis Lease. 29.2 28.2 Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising from this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal, or that Landlord may decide (in its sole and absolute discretion) not to monitor any installed security devices. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1 Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) Claims arising from injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (a) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project or the Property by a Tenant Party, (b) an act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder or (d) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord’s negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.6, 28.2 and 31.12 and any subrogation provisions contained in the Work Letter, Landlord agrees to indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of its agents’any physical property occurring within or about the Premises, employees’ the Building, the Property or contractors’) willful misconduct or primarily attributable the Project to the extent directly arising out of Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) gross negligencewillful misconduct. 29.2 28.2 Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (a) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party, (b) an act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder or (d) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord’s or a Landlord Party’s negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.6, 28.2 and 31.12 and any subrogation provisions contained in the Work Letter, Landlord agrees to indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of its agents’any physical property occurring within or about the Premises, employees’ the Building, the Property or contractors’) willful misconduct or primarily attributable the Project to the extent directly arising out of Landlord’s (gross negligence or willful misconduct. Landlord’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Landlord under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) gross negligencesimilar legislation. Landlord’s obligations under this Section shall survive the expiration or earlier termination of this Lease. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s gross negligence or willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided in this Lease (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control party; provided, however, that nothing in this Section shall relieve Landlord of Landlord or otherwise its repair and maintenance obligations expressly set forth in privity of contractual indemnity with Landlordthis Lease. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting to the same (collectively, “Claims”) extent arising from injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (a) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party, (b) any negligent act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder or (d) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord’s 's negligence or willful misconduct. Tenant's obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers' compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant's obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.6, 28.2 and 31.12, Landlord agrees to indemnify, save, defend (at Tenant's option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of its agents’any physical property occurring within or about the Premises, employees’ the Building, the Property or contractors’) the Project to the extent directly arising out of Landlord's gross negligence or willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligencemisconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s 's willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s 's business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant's breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant's liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s 's sole cost and expense, obtain appropriate insurance coverage. Tenant's security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord's reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1. Tenant agrees to indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold the Landlord Indemnitees harmless from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting to the same (collectively, “Claims”) extent arising from injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (a) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party, (b) an act or omission on the part of any Tenant Party, (c) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder or (d) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project by a Tenant Party, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly caused by Landlord’s negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.6, 23.7, 28.2 and 31.12, Landlord agrees to indemnify, save, defend (at Tenant’s option and with counsel reasonably acceptable to Tenant) and hold the Tenant Parties harmless from and against any and all Claims arising from injury to or death of any person or damage to or loss of its agents’any physical property occurring within or about the Premises, employees’ the Building, the Property or contractors’) willful misconduct or primarily attributable the Project to the extent directly arising out of Landlord’s (gross negligence or any of its agents’, employees’ or contractors’) gross negligencewillful misconduct. 29.2 28.2. Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising out of this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4. Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5. The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 19.1. Tenant hereby indemnifies and agrees to indemnifydefend, save, defend hold and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively), “Claims”) arising from for injury or death to any person Person or damage injury to any property occurring within or about the Demised Premises, the Building or the Property arising directly or indirectly out of Tenant’s or Tenant’s employees’, agents’ or guests’ the use or occupancy of the Demised Premises by Tenant and its employees, agents, or guests or a breach or default by Tenant in the performance of any of its obligations hereunder, except unless caused solely by the willful act or negligence of Landlord. The obligations under this Section shall survive the expiration or termination of this Lease. 19.2. Landlord hereby indemnifies and agrees to defend, hold and save Tenant harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the extent caused same (including, without limitation, reasonable attorneys’ fees, charges and disbursements), for injury or death to Person or injury to property occurring within or about the Project, arising out of the use or occupancy of the Project by Landlord’s (Landlord and its employees, agents, or guests or a breach or default by Landlord in the performance of any of its agents’obligations hereunder, employees’ unless caused solely by the willful act or contractors’) willful misconduct negligence of Tenant. The obligations under this Section shall survive the expiration or primarily attributable to Landlord’s (or any termination of its agents’, employees’ or contractors’) gross negligencethis Lease. 29.2 Notwithstanding any provision of Section 29.1 to the contrary, 19.3. Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, of damage to personal property or scientific research, including, without limitation, including loss of records kept by Tenant within the Demised Premises if the cause of such damage is of a nature which, if Tenant had elected to maintain fire and theft insurance with extended coverage and business records endorsement available on a commercially reasonable basis, would be a loss subject to settlement by the insurance carrier, including, but not limited to, damage or losses caused by fire, electrical malfunctionmalfunctions, gas explosion or explosion, and water damage of any type (type, including, without limitationbut not limited to, broken water lines, malfunctioning malfunction of fire sprinkler systemssystem, roof leaks leakage or stoppages of lines), lines unless any and except if such loss is due to Landlord’s willful disregard of Landlord after written notice by Tenant of need for a repair that which Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2including any loss of records. 29.3 19.4. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, Project or of any other third party not under the control other than an agent, contractor or employee of Landlord or otherwise in privity of contractual indemnity with Landlord. 29.4 Tenant acknowledges that security 19.5. Security devices and services, if any, while intended to deter crime, crime may not in given instances prevent theft or other criminal acts, . Tenant agrees that Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and Tenant assumes the risk that a criminal may circumvent any security device or service or that a security device or service may malfunction or otherwise be circumvented by a criminalmalfunction. If Tenant shall, at Tenant’s cost, obtain insurance coverage to the extent Tenant desires protection against such criminal acts. Tenant shall have the right, then Tenant shallsubject to Landlord’s reasonable approval of the aesthetic impact of such measures on the Building and the Project, to install security gates or other security devices at Tenant’s sole cost and expensearound the Building; provided, obtain appropriate insurance coveragehowever, that Landlord and public life and safety agencies shall at all times have access to the Building, subject to “secure” areas pursuant to Section 10.8. 29.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 20.1. Tenant hereby indemnifies and agrees to indemnify, save, defend and hold save Landlord harmless from and against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including including, without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively), “Claims”) arising from for injury or death to any person or damage injury to any property occurring within or about the Demised Premises, the Building or the Property arising directly or indirectly out of Tenant’s or Tenant’s, it’s employees’, agents’ agents or guests’ guests use or occupancy of the Demised Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to unless caused solely by the extent caused by willful act or gross negligence of the Landlord’s (or any of its agents’, employees’ or contractors’) willful misconduct or primarily attributable to Landlord’s (or any of its agents’, employees’ or contractors’) gross negligence. 29.2 Notwithstanding any provision of Section 29.1 to the contrary, 20.2. Landlord shall not be liable to Tenant for, and Tenant assumes all risk of, of damage to personal property or scientific research, including, without limitation, including loss of records kept by Tenant within the Demised Premises if the cause of such damage is of a nature which, if Tenant had elected to maintain fire and theft insurance with extended coverage and business records endorsement available on a commercially reasonable basis, would be a loss subject to settlement by the insurance carrier, including, but not limited to, damage or losses caused by fire, electrical malfunctionmalfunctions, gas explosion or explosion, and water damage of any type (type, including, without limitationbut not limited to, broken water lines, malfunctioning malfunction of fire sprinkler systemssystem, roof leaks leakage or stoppages of lines), unless any and except if such loss is due to Landlord’s willful misconduct or the willful disregard of Landlord after written notice by Tenant of need for a repair that which Landlord is responsible to make for an unreasonable period of time. Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section 29.2including any loss of records. 29.3 20.3. Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 Tenant acknowledges that security 20.4. Security devices and services, if any, while intended to deter crime, crime may not in given instances prevent theft or other criminal acts, . Tenant acknowledges and agrees that Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, parties and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminalcriminal is assumed by Tenant. If Tenant shall at Tenant’s cost obtain insurance coverage to the extent Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. 29.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.

Indemnification and Exculpation. 29.1 28.1 Tenant agrees to indemnify, save, defend and hold Indemnify the Landlord harmless Indemnitees from and against any and all demandsClaims of any kind or nature, claimsreal or alleged, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses (including without limitation, reasonable attorneys’ fees, charges and disbursements) incurred in investigating or resisting the same (collectively, “Claims”) arising from (a) injury to or death to of any person or damage to any property occurring within or about the Premises, the Building Building, the Property or the Property Project, arising directly or indirectly out of Tenant’s (i) the presence at or Tenant’s employees’, agents’ or guests’ use or occupancy of the Premises or Project by a Tenant Party or (ii) an act or omission on the part of any Tenant Party, (b) a breach or default by Tenant in the performance of any of its obligations hereunderhereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or (c) injury to or death of persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent caused by arising directly from Landlord’s (negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of its agents’damages, employeescompensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or contractors’) willful misconduct similar legislation. Tenant’s obligations under this Section shall survive the expiration or primarily attributable to Landlord’s (or any earlier termination of its agents’, employees’ or contractors’) gross negligencethis Lease. 29.2 28.2 Notwithstanding any provision of Section 29.1 anything in this Lease to the contrary, Landlord shall not be liable to Tenant for, for and Tenant assumes all risk of, damage to personal property or scientific research, including, without limitation, loss of records kept by Tenant within the Premises and (a) damage or losses caused by arising from fire, electrical malfunction, gas explosion or water damage of any type (including, without limitation, including broken water lines, malfunctioning fire sprinkler systems, roof leaks or stoppages of lines), unless any such loss is due to Landlord’s willful disregard of written notice by Tenant of need for a repair that Landlord is responsible to make for an unreasonable period of time, and (b) damage to personal property or scientific research, including loss of records kept by Tenant within the Premises (in each case, regardless of whether such damages are foreseeable). Tenant further waives any claim for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property as described in this Section. Notwithstanding anything in the foregoing or this Lease to the contrary, except (x) as otherwise provided herein (including Section 29.227.2), (y) as may be provided by Applicable Laws or (z) in the event of Tenant’s breach of Article 21 or Section 26.1, in no event shall Landlord or Tenant be liable to the other for any consequential, special or indirect damages arising from this Lease, including lost profits (provided that this Subsection 28.2(z) shall not limit Tenant’s liability for Base Rent or Additional Rent pursuant to this Lease). 29.3 28.3 Landlord shall not be liable for any damages arising from any act, omission or neglect of any other tenant in the Building or the Project, or of any other third party not under the control of Landlord or otherwise in privity of contractual indemnity with Landlordparty. 29.4 28.4 Tenant acknowledges that security devices and services, if any, while intended to deter crime, may not in given instances prevent theft or other criminal acts, . Landlord shall not be liable for injuries or losses caused by arising from criminal acts of third parties, and Tenant assumes the risk that any security device or service may malfunction or otherwise be circumvented by a criminal. If Tenant desires protection against such criminal acts, then Tenant shall, at Tenant’s sole cost and expense, obtain appropriate insurance coverage. Tenant’s security programs and equipment for the Premises shall be coordinated with Landlord and subject to Landlord’s reasonable approval. 29.5 28.5 The provisions of this Article 29 shall survive the expiration or earlier termination of this Lease.