Common use of Indemnification of Lessor Clause in Contracts

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defendindemnify, indemnify defend and hold Lessor harmless from and against any and all obligationsclaims actions, lossesdamages, costs, expenses, claims, demands, attorney's fees, investigation costs liability and expense in connection with personal injury and/or damage to or liabilities on account of, destruction of Premises arising from or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about upon or at the Premises, including, without limitation, any of or arising from the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, occupancy or disposal of Hazardous Materials use by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss occasioned wholly or in part by reason any act or omission of injury to person Lessee, its agents, contractors, employees, servants, customers, invitees, licensees, sub-lessees or propertyconcessionaires, excluding any claims arising from whatever cause, which in any way may be connected with the use, condition negligence or occupancy willful misconduct of the Premises Lessor (or personal property located herein. The provisions any other person acting on behalf of this Lease permitting the Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enterits contractor, inspect employees, agent or to perform any of Lessee's covenants set forth in this Leaserepresentative). Lessee shall further indemnify Lessor for any penalties, fines, costs, expenses, suits, liabilities, claims, or damages resulting from Lessee’s failure to perform its obligations in this Lease and/or for Lessee’s failure to comply with applicable laws. In case Lessor shall be made a party to any litigation commenced by or against Lessee and covered by this indemnity provision, then Lessee shall protect and hold Lessor harmless and pay all of Lessor’s costs and attorney’s fees incurred by Lessor in connection with such litigation, and any appeals thereof. Lessee shall also pay all of Lessor’s third party costs, expenses and reasonable attorneys’ fees that may be incurred or paid by Lessor in enforcing the covenants and agreements in this Lease inclusive of administrative, litigation and appellate proceedings. Further, Lessee shall indemnify, defend and hold Lessor harmless Lessor from and against any and all claims actions, damages, liability and expense arising from any breach or default caused by the presence, in or about the performance Premises, of any obligation Hazardous Materials placed on or about the Premises by Lessee, or its agents, employees or assignees, or at Lessee’s direction, or by Lessee’s failure to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease comply with respect to any damage, injury or death occurring during the Lease Termall applicable Environmental Laws.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except Lessee shall not do or permit any act or thing to be done in, on or about the Premises or the Building that may subject Lessor to any liability or responsibility for injury, damage to persons or property or to any liability by reason of the existence or application of, compliance with or violation of any Requirement, but shall exercise such control over the Premises as to protect the Lessor fully against any such liability and responsibility. Lessee shall indemnify and cave harmless the Lessor from and against (a) all claims of whatever nature against the Lessor arising from any act, omission or negligence of Lessee or persons within Lessee’s control, (b) all claims against the Lessor arising from any accident, injury or damage whatsoever caused to any person or to the extent caused property of any person and occurring in or about the Premises during the Term or during Lessee’s occupancy of the Premises, (c) all claims against the Lessor arising from any accident, injury or damage occurring outside of the Premises but anywhere within or about the Premises or Building, where such accident, injury or damage results or is claimed to have resulted from an act, omission or negligence of Lessee or persons within Lessee’s control, and (d) any breach, violation or non-performance of any covenant, condition or agreement contained in this Lease to be fulfilled, kept, observed and performed by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify Lessee. This indemnity and hold Lessor harmless agreement shall include indemnity from and against any and all obligationsliability, lossesfines, costs, expenses, claimssuits, demands, attorney's feescosts and expenses of any kind or nature (including, investigation costs without limitation, attorneys’ fees and disbursements) incurred in or liabilities on account ofin connection with any such claim or proceeding brought thereon, and the defense thereof. If any claim, action or arising out proceeding is made or brought against the Lessor, against which claim, action or proceeding Lessee is obligated to indemnify Lessor pursuant to the terms of this Lease, then, upon demand by the useLessor, condition Lessee, at its sole cost and expense, shall resist or occupancy of defend such claim, action or proceeding in the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence inLessor’s name, uponif necessary, about or at by such attorneys as the PremisesLessor may select, including, without limitation, any of attorneys for the foregoing provisions arising out of Lessor’s insurer. Notwithstanding the useforegoing, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by if such attorneys shall be defending both Lessee or any persons within Lessee's Agents. It is understood that Lessee is and shall be in ’s control and possession Lessor, the Lessor may retain its own attorneys to defend or assist in defending any claim, action or proceeding, and Lessee shall pay the reasonable fees and disbursements of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located hereinsuch attorneys. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term expiration or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease TermLease.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's ’s Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's ’s fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Lessees Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's ’s Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease Lease-permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's ’s covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's ’s part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any third party claims, damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's ’s Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's ’s fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's ’s Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's ’s Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. thereof This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.’s covenants

Indemnification of Lessor. 15. Neither Lessor nor Lessor’s agents, nor any shareholder, constituent partner or other owner of Lessor or any agent of Lessor nor any contractor, officer, director or employee of any thereof shall be liable to Lessee and Lessee waives all claims against Lessor and such other persons for any injury to or death of any person or for loss of use of or damage to or destruction of property in or about the Premises by or from any cause whatsoever, except to the extent caused by the gross negligence or willful misconduct of Lessor, its agents or employees, or the gross negligence of, willful misconduct, or violation of any Law by Lessor’s contractors. Except to the extent caused by the sole gross negligence of, willful misconduct of, or violation of any Law by, Lessor or any of the other Indemnitees, Lessee agrees to indemnify and hold Lessor, Lessor’s agents, the shareholders, constituent partners and/or other owners of Lessor or any agent of Lessor, and all contractors, officers, directors and employees of any thereof (collectively, “Indemnitees”), and each of them, harmless from and to protect and defend each lndemnitee against any and all claims, demands, suits, liability, damage or loss and against all costs and expenses, including reasonable attorney’s fees incurred in connection therewith, (a) arising out of any injury or death of any person or damage to or destruction of property occurring in, on or about the Premises, from any cause whatsoever, unless caused solely by the gross negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account ofsuch indemnitee, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence (b) occurring in, upon, on or about or at the Premises, includingwhen such claim, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage is caused or injury to any person whatsoeverallegedly caused in whole or in part by the act, happening onneglect, in, aboutdefault, or in connection with the Premisesomission of any duty by Lessee, its former or current agents, contractors, employees, invitees, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable forsubtenants, or suffer loss by reason (c) arising from any failure of injury Lessee to person observe or propertyperform any of its obligations hereunder, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 paragraph shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury claims or death liability occurring during the Lease Termprior to such termination.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's ’s Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's ’s fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's ’s Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's ’s Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's ’s covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's ’s part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agentsmay, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor but shall not be liable forobligated to, or suffer loss cure any Default by reason of injury Lessee hereunder. All sums expended and all costs and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Lessor pursuant to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose or on account of enabling Lessor to become informed as to whether any Default by Lessee is complying with the terms of under this Lease and all such sums shall become Additional Rent under this Lease, payable by Lessee to Lessor on the next rent date after such expenditure. All rent and other amounts payable by Lessee under this Lease shall be under no duty and are hereby declared to enterbe a valid and first lien upon Lessee’s interest in the Premises and upon the rents, inspect issues and profits in any manner arising or to perform any growing out of the same, and upon Lessee's covenants set forth ’s interest in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from In the event of any breach or default in the performance threatened breach by Lessee of any obligation of the covenants, agreements, terms or conditions contained in this Lease, Lessor shall be entitled to Lessee's part enjoin such breach or threatened breach and shall have the right to be performed under the terms of invoke any right and remedy allowed at law or in equity or by statute or otherwise as though re-entry, summary proceedings and other remedies were not provided for in this Lease. The provisions No receipt of Section 38 shall survive the Lease Term or earlier monies by Lessor from Lessee after termination of this Lease with respect or after the giving of any notice of termination of this Lease shall reinstate, continue or extend the Term or affect any notice theretofore given to Lessee, or operate as a waiver of Lessor’s right to enforce the payment of rent and any damageother payments or charges herein reserved and agreed to be paid by Lessee then or thereafter falling due, injury or death occurring during operate as a waiver of Lessor’s right to recover possession of the premises, it being agreed that after the service of notice to terminate this Lease Termor the commencement of suit or summary proceedings, or after final order or judgment for the possession of the premises, Lessor may demand, receive and collect any monies due or thereafter falling due without, in any manner, affecting such notice, proceeding, order, suit or judgment, all such monies collected being deemed payments on account of the use and occupation of the premises or at Lessor’s election on account of Lessee’s liability hereunder.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's ’s Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's ’s fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's ’s Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's ’s Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's ’s covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's ’s part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any third party claims, damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's ’s Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's ’s fees, investigation costs or liabilities on account of, or arising out of the use, condition condition, or occupancy of the Premises or any act or omission to act of Lessee or Lessee's ’s Agents or any occurrence in, upon, about or at the PremisesPremises during the Lease Term or any extension thereof, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents’s Agents during the Lease Term or any extension thereof. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof, except to the extent caused by the negligence or willful misconduct of Lessor or Lessor’s Agents. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein, except to the extent caused by the negligence or willful misconduct of Lessor or Lessor’s Agents. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's ’s covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's ’s part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any third party claims, damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except Lessee releases Lessor, and its ------------------------- authorized representatives, from any claims for damage to any person, to the extent Leased Property, or to the fixtures, personal property, Lessee's improvements and alterations of either Lessor or Lessee, in or on the Leased Property, including loss of income, that are caused by or result from risks insured or required under the sole negligence or willful misconduct terms of Lessor or this Lease to be insured against. Except as otherwise provided herein, Lessee, as a material part of the consideration to be rendered to Lessor's Agents, Lessee shall indemnify, defend, indemnify protect and hold harmless Lessor harmless from and against any and all obligations, losses, costs, expensesactions, claims, demands, attorney's feesdamages, investigation costs or liabilities on account ofliabilities, losses, penalties, or arising out expenses of the use, condition any kind which may be brought or occupancy of the Premises imposed upon Lessor or any act which Lessor may pay or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss incur by reason of injury to person or property, from whatever cause, which all or in any way may be connected with the use, condition or occupancy use of the Premises Leased Property on or after the Commencement Date, or the improvements or personal property located hereintherein or thereon, including without limitation any liability or injury to the person or property of Lessee, its agents, officers, employees or invitees. Lessee agrees to indemnify, defend and protect Lessor and hold it harmless from any and all liability, loss, cost or obligation on account of, or arising out of, any such injury or loss however occurring, including breach of the provisions of this Lease, and for any conditions or occurrences arising prior to the date hereof. Nothing contained herein shall obligate Lessee to indemnify Lessor against Lessor's active negligence or willful acts, for which Lessor shall indemnify Lessee. In the event any action, suit or proceeding is brought against Lessor by reason of such occurrence or condition, Lessee, upon Lessor's request will at Lessee's expense resist and defend such action, suit or proceeding, or cause the same to be resisted and defended by counsel designated either by Lessee or by the insurer whose policy covers the occurrence and in either case approved by Lessor. The obligations of Lessee under this Article arising by reason of any occurrence taking place during the Lease term shall survive any termination of this Lease. Lessee, as a material part of the consideration to be rendered to Lessor, hereby waives all claims against Lessor for damages to goods, wares, merchandise and loss of business in, upon or about the Leased Property and for injury to Lessee, its agents, employees, invitees or third persons in or about the Leased Property from any cause arising at any time, including breach of the provisions of this Lease permitting and the negligence of the parties hereto, unless caused by the gross negligence or willful acts of Lessor. Wherever in this Article the term Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether or Lessee is complying with used and such party is to receive the terms benefit of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth a provision contained in this Lease. Lessee Article, such term shall further indemnifyrefer not only to that party but also to its officers, defend directors, employees, partners and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Termagents.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any third party claims, damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's ’s Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's ’s fees, investigation costs or liabilities on account of, or arising out of of; (i) Lessee or Lessee’s Agents the use, condition or occupancy of the Premises or Project, (ii) any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out Project by Lessee or Lessee’s Agents or (iii) of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials in, on, about or under the Project by Lessee or Lessee's ’s Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. thereof as a result of acts or omissions to act by Lessee or Lessee’s Agents.. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises Project or personal property located hereinherein by Lessee or Lessee’s Agents. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's ’s covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's ’s part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any any; (i) violations of Hazardous Material Laws or (ii) third party claims, damage, injury or death death, occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable forfor any damage or injury to Lessee, or suffer loss by reason of injury any other person, or to person or any property, occurring on the Premises and Lessee agrees to hold Lessor harmless from whatever causeany claim for damages, during the Term of this Lease or any extension of this Lease, no matter how caused. Lessee agrees to pay, and to indemnify Lessor against, all costs and expenses (including, but not limited to, Lessor's reasonable attorneys' fees) incurred by or imposed upon Lessor by or in connection with any litigation to which Lessor becomes or is made a party without fault in any way its part, whether commenced by or against Lessee, or that may be connected incurred by Lessor in enforcing any of the covenants and agreements of this Lease (with or without the use, condition institution of any action or occupancy proceeding relating to the Premises or this Lease) or in obtaining possession of the Premises after an Event of Default or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term upon expiration or earlier termination of this Lease. Lessor may, but shall not be obligated to, cure any Default by Lessee hereunder. All sums expended and all costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by Lessor pursuant to the provisions of this Lease with respect or on account of any Default by Lessee under this Lease and all such sums shall become Additional Rent under this Lease, payable by Lessee to Lessor on the next rent date after such expenditure. All rent and other amounts payable by Lessee under this Lease shall be and are hereby declared to be a valid and first lien upon Lessee's interest in the Premises and upon the rents, issues and profits in any damagemanner arising or growing out of the same, injury and upon Lessee's interest in this Lease. In the event of any breach or death occurring during threatened breach by Lessee of any of the covenants, agreements, terms or conditions contained in this Lease, Lessor shall be entitled to enjoin such breach or threatened breach and shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise as though re-entry, summary proceedings and other remedies were not provided for in this Lease. No receipt of monies by Lessor from Lessee after termination of this Lease Termor after the giving of any notice of termination of this Lease shall reinstate, continue or extend the Term or affect any notice theretofore given to Lessee, or operate as a waiver of Lessor's right to enforce the payment of rent and any other payments or charges herein reserved and agreed to be paid by Lessee then or thereafter falling due, or operate as a waiver of Lessor's right to recover possession of the Premises, it being agreed that after the service of notice to terminate this Lease or the commencement of suit or summary proceedings, or after final order or judgment for the possession of the Premises, Lessor may demand, receive and collect any monies due or thereafter falling due without, in any manner, affecting such notice, proceeding, order, suit or judgment, all such monies collected being deemed payments on account of the use and occupation of the Premises or at Lessor's election on account of Lessee's liability hereunder.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to the whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 37 shall survive the Lease Term Expiration or earlier termination of this Lease Termination with respect to any damage, injury or death occurring during the Lease Termlease term.

Indemnification of Lessor. Except Lessee agrees to indemnify and defend Lessor and to save harmless Lessor, and the extent caused by the sole negligence or willful misconduct tenants, licensees, invitees, agents, servants, and employees of Lessor or Lessor's Agents, Lessee shall defend, indemnify against and hold Lessor harmless from and against any and all obligationsclaims by or on behalf of any person, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account offirm, or corporation arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or propertyproperty occurring on the Premises or in the Building occasioned in whole or in part by any act or omission on the part of Lessee or any employee, from whatever causeagent, which in assignee, or subtenant of Lessee, or by reason of any way may be connected with the use, condition or occupancy unlawful use of the Premises or personal property located hereinby reason of any breach, violation, or non-performance of any covenant in this Lease on the part of Lessee to be observed or performed, and also by reason of any matter growing out of the occupancy or use of the Premises by Lessee or any one holding under Lessee. The provisions Lessee agrees to pay Lessor promptly for all damage to the Building or the Premises and for all damage to tenants or occupants of the Building caused by Lessee's misuse or neglect of the Building or of the Premises or of their apparatus and appurtenances and Lessee agrees in any event to reimburse and compensate Lessor as additional rent within ten (10) days of rendition of any statement to Lessee by Lessor for expenditures made by Lessor or for fines sustained or incurred by failure to observe any term, covenant, or condition of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to upon Lessee's part to be kept, observed, performed under or complied with. Lessor shall not be liable to Lessee for any damage by or from any act or negligence of any co-tenant or other occupant of the terms Building or by any owner or occupant of this Leaseadjoining or contiguous property. The provisions of Section 38 Neither Lessor nor its agents shall survive the Lease Term be liable to Lessee or earlier termination of this Lease with respect to any damageperson, firm, or corporation claiming through or under Lessee for any injury or death occurring during damage to persons or property resulting from fire, explosion, falling plaster, steam, glass, electricity, water, rain, snow, or leaks from any part of the Lease TermBuilding or from pipes, appliances, or plumbing works from the roof, street, or subsurface or from any other place or by dampness or by any other cause of whatever nature, unless caused by or due to the negligence of Lessor, its agents or employees acting in the course and scope of their employment, and Lessee's recovery for such negligence of Lessor will be limited in any event to an amount no greater than the amount for which Lessor has insured such loss or damage. Lessor will not be liable to Lessee or to any person, firm or corporation claiming through or under Lessee for any latent defect in the Premises or in the Building.

Indemnification of Lessor. Except to the extent caused by the sole for Lessor's acts of gross negligence or willful misconduct of Lessor or Lessor's Agentsmisconduct, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event not be responsible or liable for any injury or damage or injury to any person whatsoeverLessee, happening onand Lessee hereby waives all claims against Lessor, in, about, or in connection with the Premises, or for any injury or damage to any person or property in or about the Premises by or from any cause whatsoever, and, without limiting the generality of the foregoing, whether caused by water damage occasioned by the Building's or Premises' sprinkler system or by water leakage of any kind or character from the roof, walls, floors, basement or other part or parts of the Premises or the Building, or caused by gas, fire, oil, electricity or any cause whatsoever in, on or about the Premises or the Building or any part thereof. This Lease is entered into on Except in the express condition that case of Lessor's gross negligence or willful misconduct, Lessor shall not be liable forto Lessee, its agents, employees, invitees, licensees or other third parties for loss or damage to property, including without limitation goods, wares or merchandise, or suffer loss by reason of for injury or death to person persons in, on or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of about the Premises or personal property located hereinthe Building. The provisions of this Lease permitting Notwithstanding anything to the contrary contained in the foregoing, Lessee acknowledges and agrees that in no event shall Lessor to enter and inspect the Premises are be liable for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect special or to perform any of Lessee's covenants set forth in this Leaseconsequential damages. Lessee shall further indemnify, defend agrees to indemnify and hold harmless Lessor from and against any and all claims claims, demands, damages, losses, costs and expenses (including without limitation reasonable attorneys' fees) arising out of or in connection with Lessee's or its agents, employees, invitees or licensees occupancy or use of the Premises or the Building, including without limitation the exercise room, the cafeteria and their facilities and equipment, and any other common use area or facility. Except in the case of Lessor's gross negligence or willful misconduct, Lessor shall not be liable to Lessee for any damage by, or from any breach act or default in failure to act of, any co-tenant or other occupant of the performance Building, or of any obligation owner or occupant of adjoining or contiguous property; provided, however, that in no event shall Lessor be liable for special or consequential damages. Lessee agrees to pay for all damages to the Building, and to the Building's tenants or occupants, caused by Lessee's part to be performed under , its agents, employees, invitees or licensees misuse or neglect of the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease TermBuilding and appurtenances thereto.

Indemnification of Lessor. Except to for claims arising out of the extent acts caused by the sole gross negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall indemnify, protect, defend, indemnify and hold Lessor Xxxxxx and Xxxxxx’s officers, directors, employees and agents harmless from and against any and all obligationsclaims, actions, demands, proceedings, losses, damages, costs of any kind or character (including reasonable attorneys’ fees and court costs), expenses, claimsliabilities, demandsjudgments, attorney's feesfines, investigation costs or liabilities on account ofpenalties, or interest (collectively, “Losses”), arising from or out of the use, condition or occupancy Xxxxxx’s use of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Leased Premises, or for from the conduct of Lessee’s business or from any injury activity, work or damage to things done, permitted or suffered by Lessee in or about the Leased Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Leaseelsewhere. Lessee shall further also indemnify, defend protect, defend, and hold Lessor and Xxxxxx’s officers, directors, employees and agents harmless Lessor from and against any and all claims Losses arising from any breach or default in the performance of any obligation to Lessee's on Xxxxxx’s part to be performed under the terms of this Lease, or arising from any act or omission of Lessee, or any of Lessee’s agents, contractors, or employees, and from and against all costs, attorneys’ fees, expenses and liabilities reasonably incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor or any of Lessor’s representatives by reason of any such claim, Lessee, upon notice from Lessor, shall defend the same at Xxxxxx’s expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. The provisions of Section 38 shall survive the Lease Term Neither termination or earlier termination expiration of this Lease with respect shall release Lessee from its obligations to defend or indemnify Lessor as required hereunder so long as the event upon which any damage, injury such Loss is predicated shall have occurred prior to the effective date of any such termination or death occurring during the Lease Termcompletion.

Indemnification of Lessor. Except Lessor shall not at any time or to any extent whatsoever be liable, responsible, or in any way accountable for any injury to or death of persons or loss, destruction or damage to property, including property and employees of lessee, occurring in, on, or about the extent Premises or wherever occurring, resulting from any use of or activities on the Premises, whether such injury, death, loss, destruction, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of lessee or of any occupant, subtenant, visitor, or user of any portion of the sole negligence Premises, or willful misconduct shall result from or be caused by any other matter or thing, whether of Lessor the same kind as or Lessor's Agentsof a different kind than the matters or things above set forth, Lessee and lessee shall defend, forever indemnify and hold Lessor harmless from and lessor against any and all obligations, losses, costs, expenses, claims, demandsliability, loss, damage, actions, or causes of action whatsoever on account of any such injury, claim, demand, death, loss, destruction, or damage, and any related expense, including attorney's fees. SECTION SIXTEEN ATTORNEYS' FEES If any action at law or in equity shall be brought to recover any Base Rent or additional rent under this lease, investigation costs or liabilities for or on account of any breach of, or arising out to enforce or interpret any of the useprovisions of this lease, condition or occupancy for the recovery of the Premises or any act or omission to act possession of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, includingthe prevailing party shall be entitled to recover from the other party, without limitationas part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. SECTION SEVENTEEN SURRENDER OF PREMISES Lessee shall pay the rent and all other sums required to be paid hereunder in the amounts, at the times, and in the manner herein provided, and shall keep and perform all the terms and conditions hereof on its part to be kept and performed and, at the expiration or sooner termination of this lease, shall peaceably and quietly quit and surrender to lessor the Premises in good order and condition subject to the other provisions of this lease. In the event of the nonperformance by lessee of any of the foregoing provisions arising out covenants of the uselessee undertaken herein, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way this lease may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed terminated as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Termherein provided.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the PremisesAgents, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. thereof unless caused by the sole negligence or willfulness conduct of Lessor or Lessor's Agents, Lessee releases and indemnifies Lessor from all other liability arising out of the condition, use or occupancy of the Premises.. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located hereinherein unless caused by the sole negligence or willfulness conduct of Lessor or Lessor's Agents, Lessee releases and indemnifies Lessor from all other liability arising out of the condition, use or occupancy of the Premises. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to on Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or LesseeLessors's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any and of Lessee's 44 covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except Lessee releases Lessor, and its authorized representatives, from any claims for damage to any person, to the extent Leased Property, or to the fixtures, personal property, Lessee's improvements and alterations of either Lessor or Lessee, in or on the Leased Property, including loss of income, that are caused by or result from risks insured or required under the sole negligence or willful misconduct terms of Lessor or this Lease to be insured against. Lessee, as a material part of the consideration to be rendered to Lessor's Agents, Lessee shall indemnify, defend, indemnify protect and hold harmless Lessor harmless from and against any and all obligations, losses, costs, expensesactions, claims, demands, attorney's feesdamages, investigation costs or liabilities on account ofliabilities, losses, penalties, or arising out expenses of the use, condition any kind which may be brought or occupancy of the Premises imposed upon Lessor or any act which Lessor may pay or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss incur by reason of injury to person or property, from whatever cause, which all or in any way may be connected with the use, condition or occupancy use of the Premises Leased Property prior to or after the date hereof, or the improvements or personal property located hereintherein or thereon, including without limitation any liability or injury to the person or property of Lessee, its agents, officers, employees or invitees. Lessee agrees to indemnify, defend and protect Lessor and hold it harmless from any and all liability, loss, cost or obligation on account of, or arising out of, any such injury or loss however occurring, including breach of the provisions of this Lease, the negligence of the parties hereto and for any conditions or occurrences arising prior to the date hereof. Nothing contained herein shall obligate Lessee to indemnify Lessor against Lessor's gross negligence or willful acts, for which Lessor shall indemnify Lessee. In the event any action, suit or proceeding is brought against Lessor by reason of such occurrence or condition, Lessee, upon Lessor's request will at Lessee's expense resist and defend such action, suit or proceeding, or cause the same to be resisted and defended by counsel designated either by Lessee or by the insurer whose policy covers the occurrence and in either case approved by Lessor. The obligations of Lessee under this Article arising by reason of any occurrence taking place during the Lease term shall survive any termination of this Lease. Lessee, as a material part of the consideration to be rendered to Lessor, hereby waives all claims against Lessor for damages to goods, wares, merchandise and loss of business in, upon or about the Leased Property and for injury to Lessee, its agents, employees, invitees or third persons in or about the Leased Property from any cause arising at any time, including breach of the provisions of this Lease permitting and the negligence of the parties hereto, unless caused by the gross negligence or willful acts of Lessor. Wherever in this Article the term Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether or Lessee is complying with used and such party is to receive the terms benefit of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth a provision contained in this Lease. Lessee Article, such term shall further indemnifyrefer not only to that party but also to its officers, defend directors, employees, partners and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Termagents.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's ’s Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's ’s fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's ’s Agents or any occurrence in, upon, about or at the PremisesPremises resulting for act or omissions of Lessee or Lessee’s Agents, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's ’s Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's ’s covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's ’s part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any third party claims, damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable forfor any damage or injury to Lessee, or suffer loss by reason of injury any other person, or to person or any property, occurring on the demised premises or any part thereof, and Lessee agrees to hold Lessor harmless from whatever causeany claim for damages, during the Term of this Lease or any extension of this Lease, no matter how caused. Lessee agrees to pay, and to indemnify Lessor against, all costs and expenses (including, but not limited to, Lessor's reasonable attorneys' fees) incurred by or imposed upon Lessor by or in connection with any litigation to which Lessor becomes or is made a party without fault in any way its part, whether commenced by or against Lessee, or that may be connected incurred by Lessor in enforcing any of the covenants and agreements of this Lease (with or without the use, condition institution of any action or occupancy proceeding relating to the premises or this Lease) or in obtaining possession of the Premises after an Event of Default or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term upon expiration or earlier termination of this Lease. Lessor may, but shall not be obligated to, cure any Default by Lessee hereunder. All sums expended and all costs and expenses (including, but not Iimited to, reasonable attorneys' fees) incurred by Lessor pursuant to the provisions of this Lease with respect or on account of any Default by Lessee under this Lease and all such sums shall become Additional Rent under this Lease, payable by Lessee to Lessor on the next rent date after such expenditure. All rent and other amounts payable by Lessee under this Lease shall be and are hereby declared to be a valid and first lien upon Lessee's interest in the Premises and upon the rents, issues and profits in any damagemanner arising or growing out of the same, injury and upon Lessee's interest in this Lease. In the event of any breach or death occurring during threatened breach by Lessee of any of the covenants, agreements, terms or conditions contained in this Lease, Lessor shall be entitled to enjoin such breach or threatened breach and shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise as though re-entry, summary proceedings and other remedies were not provided for in this Lease. No receipt of monies by Lessor from Lessee after termination of this Lease Termor after the giving of any notice of termination of this Lease shall reinstate, continue or extend the Term or affect any notice theretofore given to Lessee, or operate as a waiver of Lessor's right to enforce the payment of rent and any other payments or charges herein reserved and agreed to be paid by Lessee then or thereafter falling due, or operate as a waiver of Lessor's right to recover possession of the premises, it being agreed that after the service of notice to terminate this Lease or the commencement of suit or summary proceedings, or after final order or judgment for the possession of the premises, Lessor may demand, receive and collect any monies due or thereafter falling due without, in any manner, affecting such notice, proceeding, order, suit or judgment, all such monies collected being deemed payments on account of the use and occupation of the premisesor at Lessor's election on account of Lessee's liability hereunder.

Indemnification of Lessor. Except Lessor shall not be liable for any damage or injury to Lessee or any other person or to any property, occurring on the extent caused by the sole negligence demised premises or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify any part thereof and Xxxxxx agrees to hold Lessor harmless from any claim for damages, no matter how caused. Lessor shall not be liable for any loss, damage or injury of any kind, to any person, including Lessee, Lessee(s) family and against Lessee(s) customers or property arising from any and all obligationsuse of the Leased Premises, lossesany part thereof or caused by any defect in any structure, costs, expenses, claims, demands, attorney's fees, investigation costs facility or liabilities on account of, other improvements thereon or therein or caused by or arising out of the use, condition or occupancy of the Premises or from any act or omission to act of Lessee, Lessee(s) family, Lessee(s) customers or guests or any other person or by or from an accident on the premises or any fire or other casualty or occasioned by the failure of Lessee to maintain or Lessee's Agents repair the Leased Premises or by Lessee(s) breach of any occurrence obligation under this Lease. Xxxxxx, as a material part of the consideration to be rendered Lessors, hereby waives all claims and demands against Xxxxxx for all the aforesaid losses and damages to goods, wares and merchandise in, uponupon or about said premises and for injuries to persons in, upon or about or said premises, from any cause whatsoever, arising at the Premisesany time. Lessee will hold Lessor, includingits employees, without limitationagents and affiliated entities exempt and harmless from any liability, loss, cost and obligation on account of any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or goods, wares and merchandise of any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable forperson, or suffer loss by reason of injury to person or property, from whatever cause, which arising in any way may be connected with manner from the use, condition use or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect premises by the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and amid all obligations, losses, costs, expenses, claims, demands, attorney's feesfees , investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. thereof This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except To the fullest extent permitted by law, Lessor and its respective officers, directors, officials, agents, employees and/or subdivisions (collectively the Lessor), shall not be liable for any damage, injury or death, either to person or property (including the loss of use thereof), of any nature whatsoever, which damage is sustained by Lessee, by persons claiming through Lessee, or any other third party; provided that the foregoing shall not apply to the extent that any damage, injury, or death is caused by the sole negligence or willful intentional misconduct of Lessor or Lessor's Agents, . Lessee shall indemnify, defend, indemnify and hold harmless Lessor harmless from and against Xxxxxx’s elected and appointed officials, officers, employees, agents, affiliates, representatives, contractors, volunteers, guests, business invitees and all of the persons acting for, by, or through, and in any way on behalf of Lessor from, against, and for any and all obligations, losses, costsdamages, expensesliabilities, deficiencies, claims, demands, attorney's actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (“Claims”), including reasonable attorneys’ fees, investigation costs or liabilities on account arising, alleged to arise out of, or arising out of the use, condition relating in any way to any acts or omissions incurred in connection with Xxxxxx’s use or occupancy of the Premises at any time whether pursuant to this Lease or a previous lease with Lessor, including use of above-ground and BOISE CITY NON-PROFIT LEASE – DISCOVERY CENTER 15 underground storage tanks, Xxxxxx’s breach of this Lease or any act or omission to act of previous Lease between Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises. Xxxxxx’s indemnification and hold harmless obligations under this Section apply to both direct and third-party Claims and are triggered upon Xxxxxx’s provision of notice of a Claim to Lessee. Xxxxxx’s duty to defend applies immediately regardless of whether Xxxxxx has paid any sums or incurred any detriment arising out of or relating directly or indirectly to any Claim. Lessee shall assume control of the defense, appeal, or settlement of a Claim by sending prompt written notice of the assumption to Lessor through which it will acknowledge responsibility for any injury or damage to the Premises or any part thereofdefense. This Lease is entered into on Lessee will then undertake, conduct and control the express condition that Lessor defense through counsel approved by Xxxxxx, which shall not be liable forunreasonably withheld, at Xxxxxx’s sole cost and expense. Lessee shall give prompt written notice to Lessor of any proposed settlement. Lessee may not settle or suffer loss by reason compromise any Claim or consent to the entry of injury any judgment without Xxxxxx’s prior written consent. Notwithstanding anything to person or propertythe contrary herein, from whatever causeXxxxxx may defend a claim with counsel of its own choosing and without Xxxxxx’s participation when Lessor determines it is in its best interests to do so. Limits of insurance will not be deemed a limitation of Lessee’s above-described covenant to indemnify, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located hereinhold harmless and defend. The rights, obligations and provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor Section shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part deemed to be performed under a separate contract between Lessor and Xxxxxx and shall survive the terms expiration or termination of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's a Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, reasonable attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of or Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are arc for the purpose of enabling Lessor to become informed as to whether Lessee is complying with with, the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be b- performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.Tenn.

Indemnification of Lessor. Except to Notwithstanding the extent caused by the sole negligence or willful misconduct existence of Lessor or Lessor's Agentsany insurance provided for in this Lease, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligationsclaims, lossesdamages, causes of action, expenses, costs, expensesand liabilities of any nature which are asserted against Lessor arising out of any breach of this Lease by Lessee, Lessee’s agents, employees, customers, visitors or licensees, as a result of Lessee’s use or occupancy of the Premises, or as a result of the negligence or willful misconduct of Lessee, Lessee’s agents, employees, customers, visitors or licensees; provided, however, that Lessee shall not be responsible for damages, costs, claims, demands, attorney's fees, investigation costs or causes of action and liabilities on account of, or of any nature arising out of the use, condition negligence or occupancy willful misconduct of the Premises Lessor, Lessor’s agents, employees and/or visitors. SECTION SIXTEEN DAMAGE BY FIRE OR OTHER CASUALTY During the Lease Term and any renewals or any act or omission to act of Lessee or Lessee's Agents or any occurrence inextensions hereof, upon, about or at if the improvements on the Premises, includingor any part thereof, without limitationbe rendered unfit for occupancy for the purposes for which they are hereby let, from any cause covered by Lessee’s casualty insurance, to an extent repairable within one hundred and eighty (180) days from the date of such damage subject to compliance with the laws and regulations of applicable governmental authorities, the Lessor will repair the Premises for the use of the foregoing provisions arising out Lessee using said insurance proceeds, and the Lease shall continue in full force and effect, except that, as the sole and exclusive remedy of the useLessee, generationthere shall be a proportionate abatement in the monthly rental payable by the Lessee during the time the Premises are untenantable or in part untenantable. Any proportionate reduction shall be based on the extent to which the making of repairs shall interfere with the business carried on by Lessee on the Premises; provided, manufacturehowever, installation, release, discharge, storagethat if the repairs cannot be made within the time frame stated above, or disposal if the cost of Hazardous Materials replacing or repairing the improvements so damaged upon the Premises equals or exceeds fifty percent (50%) of the property damage insurance coverage maintained by Lessee or Lessee's Agents. It is understood that thereon, Lessor may, at its option, terminate this Lease and in such event, Lessee is and shall be in control and possession entitled to a proportionate rebate of the monthly rental based upon number of days remaining for the month in which the monthly rental has been paid, and thereafter Lessee shall have no further liability or obligation to Lessor under this Lease, except those arising prior to such termination. Otherwise, the Lessor will repair the Premises for the use of the Lessee using said insurance proceeds as stated herein, and that the Lease shall continue in full force and effect, except that, as the sole and exclusive remedy of the Lessee, there shall be a proportionate abatement in the rent payable by the Lessee during the time the Premises are untenantable or in part untenantable. Lessor shall in no event way be liable or responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, property of the Lessee in or in connection with the Premises, or for any injury or damage to about the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person flood, water, fire, windstorm or property, from whatever cause, which in any way may be connected with the use, condition other casualty or occupancy act of the Premises or personal property located hereinnature. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.SECTION SEVENTEEN

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's AgentsAgents subject to the limitations of Paragraph 33. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to the whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's ’s Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's ’s fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises by Lessee or Lessee’s Agents or any act or omission to act of Lessee or Lessee's ’s Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's ’s Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's ’s covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's ’s part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any third party claims, damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's ’s Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's ’s fees, investigation costs or liabilities on account of, or arising out of of; (i) Lessee or Lessee’s Agents the use, condition or occupancy of the Premises or Project, (ii) any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out Project by Lessee or Lessee’s Agents or (iii) of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials in, on, about or under the Project by Lessee or Lessee's ’s Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the PremisesProject, or for any injury or damage to the Premises Project or any part thereofthereof as a result of acts or omissions to act by Lessee or Lessee’s Agents. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises Project or personal property located hereinherein by Lessee or Lessee’s Agents. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's ’s covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Leaseobligation. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any any; (i) violations of Hazardous Material Laws or (ii) third party claims, damage, injury or death death, occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable forfor any loss, ------------------------- injury, death, or suffer loss damage to persons or property which at any time may be suffered or sustained by Lessee or by any person whosoever may at any time be using or occupying or visiting the Demised Premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, sublessee, visitor, or user of any portion of the Demised Premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth, and Lessee shall indemnify Lessor against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. Lessee hereby waives all claims against Lessor for damages to the building and improvements that are now on or hereafter placed or built on the Demised Premises and to the property of Lessee in, on, or about the Demised Premises, and for injuries to persons or property in or about the Demised Premises, from any cause arising at any time. The two preceding sentences shall not apply to loss, injury, death, or damage arising by reason of injury the gross negligence or misconduct of Lessor, its agents, or employees. Lessor, its agents, servants and employees and lessees and occupants of the Property shall not be liable for any damage by fire or other casualty covered by Lessee's insurance, no matter how caused, it being understood that the Lessee will look solely to person or property, from whatever cause, which in any way may be connected its insurer for reimbursement. If Lessee fails to comply with the use, condition or occupancy of the Premises or personal property located herein. The provisions requirements of this Lease permitting Subsection, Lessor to enter may, but shall not be obligated to, obtain such insurance and inspect keep the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease same in effect, and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless pay Lessor from and against any and all claims arising from any breach or default in as Additional Rent upon demand the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Termpremium therefor.

Indemnification of Lessor. Except Tenant shall indemnify, defend (by counsel acceptable to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's AgentsLandlord), Lessee shall defendprotect, indemnify and hold Lessor harmless Landlord, and each of Landlord's partners, directors, officers, employees, agents, attorneys, successors, and assigns, from and against any and all obligations, losses, costs, expenses, claims, demandsliabilities, attorney's feespenalties, investigation costs or liabilities on account offines, or arising out of the usejudgments, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence inforfeitures, upon, about or at the Premises, losses (including, without limitation, any of diminution in the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession value of the Premises or the Building, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises or the Building, costs or expenses (including attorneys' fees, consultant fees, and that Lessor shall in no event be responsible or liable expert fees) for any injury or damage the death of or injury to any person or damage to any property whatsoever, happening arising from or caused in whole or in part, directly or indirectly, (a) by the presence in, on, under, or about the Premises, or any discharge or release in or from the Premises of any Hazardous Substances or Tenant's use, analysis, storage, transportation, disposal release, threatened release, discharge, or generation of Hazardous Substances to, in, on, under, about, or from the Premises or the Building, or (b) Tenant's failure to comply with any Hazardous Substances Law. Tenant's obligations under this Section 17.2 shall include, without Limitation, and whether foreseeable or unforeseeable, any and all costs incurred in connection with the Premisesany investigation of site conditions, and any and all costs of any required or necessary repair, cleanup, detoxification, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy decontamination of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter Building, and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease preparation and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance implementation of any obligation to Lesseeclosure, remedial action, or other required plans in connection therewith. Tenant's part to be performed obligations under the terms of this Lease. The provisions of Section 38 17.2 shall survive the Lease Term expiration or earlier termination of this Lease with respect the term of the Lease. For purposes of the release and indemnity provisions hereof any acts or omissions of Tenant, or by employees, agents, assignees, contractors, or subcontractors of Tenant or others acting for or on behalf of Tenant (whether or not they are negligent, intentional, willful or unlawful), shall be strictly attributable to any damage, injury or death occurring during the Lease TermTenant.

Indemnification of Lessor. Except to the extent caused by (i) a breach of this Lease by Lessor beyond any applicable notice and cure period as provided herein; or (ii) the sole negligence or willful misconduct of Lessor or Lessor's ’s Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's ’s fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's ’s Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's ’s Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereofthereof unless caused by (i) a breach of this Lease by Lessor beyond any applicable notice and cure period as provided herein; or (ii) the sole negligence or willful misconduct of Lessor or Lessor’s Agents. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein unless caused by (i) a breach of this Lease by Lessor beyond any applicable notice and cure period as provided herein; or (ii) the sole negligence or willful misconduct of Lessor or Lessor’s Agents. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's ’s covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's ’s part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any third party claims, damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except The Lessee agrees to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless (except for loss or damage resulting from and against the willful or negligent acts or omissions of Lessor, its agents or employees) from any and all obligations, losses, costs, expenses, claims, demandsactions, attorney's feesdamages, investigation costs or liabilities on account ofliability, or and expense, including attorney fees in connection with loss of life, personal injury and/or damage to property arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about upon or at the PremisesPremises from any causes whatsoever; and Lessee will procure and keep in effect, includingduring the term hereof, without limitationpublic liability insurance for bodily injury and property damage insurance for the benefit of the Lessor in the minimum sums of -0- Dollars ($_________) for damages resulting to one person, and -0- ($ ) Dollars for damages resulting from any one casualty, and -0- ($______) property damage resulting from any one occurrence. Xxxxxx further agrees, upon request of Lessor to use its best efforts (including payment of any required additional premiums) to increase any or all of the foregoing provisions arising out minimum limits of coverage to reflect changes in the purchasing power of the use, generation, manufacture, installation, release, discharge, storage, dollar. Said policy or disposal policies of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and insurance shall be in control acceptable to Lessor and possession certificates evidencing such policies shall be delivered to Lessor. Upon Xxxxxx's failure to obtain such insurance or increased limits required by this paragraph, the Lessor may, at its option, obtain such insurance or increased limits, and the cost thereof shall be paid as additional rent due and payable upon the next ensuing rent day; but, the failure on the part of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor obtain such insurance shall not be liable for, or suffer loss by reason of injury release the Lessee from its obligations under this Paragraph. Lessor warrants and represents to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect Lessee that the Premises are for in full compliance with all ordinances, rules, regulations and laws relating to protection of the purpose environment. The Lessee covenants and agrees with Lessor that during the entire term of enabling Lessor to become informed as to whether the lease, the Lessee is complying with will defend, indemnify and save harmless the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach claims, loss, debts, expenses, judgments, demands and obligations which may be made against or default incurred by the Lessor or against the Lessor's title in the performance Premises, including all reasonable costs and expenses incurred by Lessor in connection therewith, arising by reason of, or in connection with any alleged act or omission of the Lessee or any obligation person claiming under, by, or through the Lessee (including any claims, loss, debts, expenses, judgments, demands, obligations, costs and expenses, made against or incurred by Lessor in connection with any ordinance, regulation, law, rule, order, report, judgment, decree or ruling relating to Lessee's part protection of the environment); and if it becomes necessary for the Lessor to be performed under defend any action seeking to impose any such liability, the terms Lessee will provide such defense and hire such attorneys as Lessor may reasonably approve and will pay all costs of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect court and attorneys' fees incurred effecting such defense in addition to any damageother sums which the Lessor may be called upon to pay by reason of the entry of a judgment against the Lessor in the litigation or proceeding in which such claim is asserted. If Lessor desires to obtain legal representation in addition to that provided above, injury or death occurring during the Lease Termsuch additional representation shall be at Lessor's expense.

Indemnification of Lessor. Except to the extent as caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's reasonable attorneys' fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereofthereof except as caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, other than the sole negligence or willful misconduct of Lessor or Lessor's Agents, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located hereintherein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants obligations set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part of the Lessee to be performed under the terms of this Lease. The provisions of Section 38 37 shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's ’s Agents, . Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's ’s fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's ’s Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's ’s Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's ’s covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's ’s part to be performed under the terms of this Lease. The provisions of Section 38 shall Shall survive the Lease Term or earlier termination of this Lease with respect to any damage, injury or death occurring during the Lease Term.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the PremisesPremises resulting for act or omissions of Lessee or Lessee's Agents, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term or earlier termination of this Lease with respect to any third party claims, damage, injury or death occurring during the Lease Term. 39.

Indemnification of Lessor. Except to To the extent caused not prohibited by law, Lessor and its respective officers, directors, officials, agents, employees and/or subdivisions (collectively the sole negligence or willful misconduct of Lessor or Lessor's Agents), Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable forfor any damage, injury or suffer loss by reason of injury death, either to person or propertyproperty (including the loss of use thereof), from whatever causeof any nature whatsoever, which in damage is sustained by Lessee, by persons claiming through Lessee, or any way may be connected with other third party; provided that the useforegoing shall not apply to the extent that any damage, condition injury, or occupancy death is caused by the negligence, recklessness, or intentional misconduct of the Premises Lessor (i.e., if Lessor is only partially at fault for any damage, injury, or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor death, Lessor’s liability shall be under no duty reduced in proportion to enter, inspect or to perform any of Lessee's covenants set forth in this Leaseits fault). Lessee shall further indemnify, defend protect, defend, save, and hold harmless Lessor from and against any and all claims arising from any breach liabilities, losses, suits, claims, judgments, fines, losses, costs, expenses or default in the performance demands, of any obligation nature whatsoever (including court costs, expert fees and attorneys’ fees), incurred in connection with Xxxxxx’s use or occupancy of the Premises at any time whether pursuant to this Lease or a previous lease with Lessor, including Xxxxxx’s breach of this Lease or any previous Lease between Xxxxxx and Lessor in connection with the Premises, or as a result of any acts, omissions or negligence of Lessee's part , its officers, directors, officials, agents, employees, contractors, subcontractors, licensees and/or invitees (collectively, the Lessee), in, on or about the Premises. Should Lessor be named as a defendant, a party or otherwise identified in any suit, action or demand brought against Lessee in connection with or arising out of an event covered by this indemnification provision, Lessee shall pay and/or otherwise compensate Lessor for Lessor’s costs and expenses incurred in such suit, action or demand without limitation. Lessor shall give reasonable notice to Lessee of any such claims or actions. Lessee shall, in writing, notify Lessor of the counsel to be performed used in carrying out its obligations herein. Lessor shall be entitled to object to use of said counsel and shall give reasonable notice of any objection regarding the use of said counsel. Further, Xxxxxx’s agreement to indemnify Lessor is not intended and shall not relieve any insurance carrier of its obligations under policies required to be carried by Lessee pursuant to the terms provisions of this Lease. The provisions of Section 38 this section shall be deemed to be a separate contract between the parties and shall survive the Lease Term expiration or earlier any default, termination or forfeiture of this Lease with respect to any damage, injury or death occurring during the Lease TermLease.

Indemnification of Lessor. 15. Neither Lessor nor Lessor’s agents, nor any shareholder, constituent partner or other owner of Lessor or any agent of Lessor nor any contractor, officer, director or employee of any thereof shall be liable to Lessee, and Lessee waives all claims against Lessor and such other persons, for any injury to or death of any person or for loss of use of or damage to or destruction of property in or about the Premises by or from any cause whatsoever, except to the extent caused by the gross negligence or willful misconduct of Lessor, its agents or employees, or the gross negligence of, willful misconduct, or violation of any Law by Lessor’s contractors. Except to the extent caused by the sole gross negligence of, willful misconduct of, or violation of any Law by Lessor or any of the other Indemnitees, Lessee agrees to indemnify and hold Lessor, Lessor’s agents, the shareholders, constituent partners and/or other owners of Lessor or any agent of Lessor, and all contractors, officers, directors and employees of any thereof (collectively, “Indemnitees”), and each of them, harmless from and to protect and defend with counsel reasonably satisfactory to Lessor each Indemnitee against any and all claims, demands, suits, liability, damage or loss and against all costs and expenses, including reasonable attorney’s fees incurred in connection therewith, (a) arising out of any injury or death of any person or damage to or destruction of property occurring in, on or about the Premises, from any cause whatsoever, unless caused solely by the gross negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account ofsuch Indemnitee, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence (b) occurring in, upon, on or about or at the Premises, includingwhen such claim, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage is caused or injury to any person whatsoeverallegedly caused in whole or in part by the act, happening onneglect, in, aboutdefault, or in connection with the Premisesomission of any duty by Lessee, its former or current agents, contractors, employees, invitees, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable forsublessees, or suffer loss by reason (c) arising from any failure of injury Lessee to person observe or property, from whatever cause, which in perform any way may be connected with the use, condition or occupancy of the Premises or personal property located hereinits obligations hereunder. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 paragraph shall survive the Lease Term expiration or earlier termination of this Lease with respect to any damage, injury claims or death liability occurring during the Lease Termprior to such expiration or termination.

Indemnification of Lessor. Except LESSEE agrees to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor save LESSOR harmless against and from and against any and all obligationsclaims by or on behalf of any person, lossesfirm or corporation, costs, expenses, claims, demands, attorney's fees, investigation costs arising from the conduct or liabilities on account of, management of or arising out of from any work or thing whatsoever done in the use, condition leased premises or occupancy of the Premises done by LESSEE or any act of its agents, contractors, servants, employees or omission licensees or sub-lessees in or about the leased premises. LESSEE also agrees to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is indemnify and shall be in control save LESSOR harmless against and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from the date of this lease and during the term of this lease or any extension, from any breach or default on the part of LESSEE in the performance of any obligation to Lessee's covenant or agreement on the part of LESSEE to be performed under performed, pursuant to the terms of this Leaselease, or arising from any act of negligence of LESSEE or any of its agents, contractors, servants, employees, sub-lessees or licensees, arising from any accident, injury or damage whatsoever caused to any person, firm or corporation occurring during the term of this lease in the leased premises or upon or in the building and from and against all costs, counsel and legal fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought against LESSOR by reason of any such claim. The provisions LESSEE upon notice from LESSOR shall at its expense resist or defend such action or proceeding by counsel reasonably satisfactory to LESSOR. LESSEE covenants to pay and to indemnify LESSOR against all costs and charges, including counsel and legal fees, lawfully and reasonably incurred in obtaining possession of Section 38 shall survive the Lease Term leased premises and establishing LESSOR's title free and clear of this lease and any leasehold mortgage of the leased premises upon expiration or earlier termination of this Lease with respect to lease or in enforcing any damage, injury or death occurring during the Lease Termagreement by LESSEE herein contained.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's attorneys' fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereofthereof except to the extent caused by Lessor's sole negligence or willful misconduct. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to the whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default Default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term Expiration or earlier termination of this Lease Termination with respect to any damage, injury or death occurring during the Lease Termterm. The indemnifications of each party are subject to (i) the indemnifying party being given prompt notice of the suit or claim and (ii) the indemnifying party having the exclusive right to defend or settle a claim and the reasonable cooperation of the indemnified party. Notwithstanding the above, Lessor shall indemnify and hold harmless Lessee from all damages, liabilities, claims, judgments, actions, attorneys' fees, consultants' fees, cost and expenses arising from the sole negligence or willful misconduct of Lessor or its employees, agents, contractors or invitees, or the material breach of Lessor's obligations or representations under this Lease.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agentsas provided in Section 5.4(e) hereof, Lessee shall defend, indemnify Lessor against and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorneyclaims arising from Lessee's fees, investigation costs or liabilities on account of, or arising out use of the use, condition or occupancy of Premises; from the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable for, or suffer loss by reason of injury to person or property, from whatever cause, which in any way may be connected with the use, condition or occupancy of the Premises or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any conduct of Lessee's covenants set forth in this Lease. business; from any activity, work or other things done, permitted or suffered by Lessee in, on or about the Premises; and shall further indemnify, defend indemnify Lessor against and hold Lessor harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease; from any act or activity of any third party on or about the Premises; and from any act or negligence of the Lessee, or any officer, agent, employee, guest or invitee of Lessee, including without limitation any claims, actions, and proceedings not covered by insurance. The provisions of Section 38 shall survive the Lease Term or earlier termination of Lessor agrees to exhaust all insurance coverage provided by Lessee pursuant to this Lease with prior to seeking any recovery from Lessee for damages not covered by such insurance. Lessee, upon notice from Lessor, shall defend Lessor from the same at Lessee's expense, by counsel reasonably satisfactory to Lessor. Lessee, as a material part of the consideration given to Lessor for this Lease assumes all risk of damage to the Premises or injury to persons in, on or about the Premises from any cause other than the sole negligence or willful misconduct of Lessor, its agents, servants or employees and Lessee waives all claims in respect thereof against Lessor except for claims related to the sole negligence or willful misconduct of Lessor, its agents, servants or employees. Lessee shall give prompt written notice to Lessor in case of any damagecasualty or accidents in, injury on or death occurring during about the Lease TermPremises. Lessor, its agents, servants, or employees shall not be liable for any loss or damage to persons or property, including, without limitation, any liability resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Premises or from the pipes, appliances or plumbing works therein, or from dampness or any other cause whatsoever, unless caused by or due to the sole negligence or willful misconduct of Lessor, its agents, servants, or employees.

Indemnification of Lessor. Except to the extent caused by the sole negligence or willful misconduct of Lessor or Lessor's Agents, Lessee shall defend, indemnify and hold Lessor harmless from and against any and all obligations, losses, costs, expenses, claims, demands, attorney's fees, investigation costs or liabilities on account of, or arising out of the use, condition or occupancy of the Premises or any act or omission to act of Lessee or Lessee's Agents or any occurrence in, upon, about or at the Premises, including, without limitation, any of the foregoing provisions arising out of the use, generation, manufacture, installation, release, discharge, storage, or disposal of Hazardous Materials by Lessee or Lessee's Agents. It is understood that Lessee is and shall be in control and possession of the Premises and that Lessor shall in no event be responsible or liable for any injury or damage or injury to any person whatsoever, happening on, in, about, or in connection with the Premises, or for any injury or damage to the Premises or any part thereof. This Lease is entered into on the express condition that Lessor shall not be liable forfor any damage or injury to Lessee, or suffer loss by reason of injury any other person, or to person or any property, occurring on the demised premises or any part thereof, and Lessee agrees to hold Lessor harmless from whatever causeany claim for damages, during the Term of this Lease or any extension of this Lease, no matter how caused. Lessee agrees to pay, and to indemnity Lessor against, all costs and expenses (including, but not limited to, Lessor's reasonable attorneys' fees) incurred by or imposed upon Lessor by or in connection with any litigation to which Lessor becomes or is made a party without fault in any way its part, whether commenced by or against Lessee, or that may be connected incurred by Lessor in enforcing any of the covenants and agreements of this Lease (with or without the use, condition institution of any action or occupancy proceeding relating to the premises or this Lease) or in obtaining possession of the Premises after an Event of Default or personal property located herein. The provisions of this Lease permitting Lessor to enter and inspect the Premises are for the purpose of enabling Lessor to become informed as to whether Lessee is complying with the terms of this Lease and Lessor shall be under no duty to enter, inspect or to perform any of Lessee's covenants set forth in this Lease. Lessee shall further indemnify, defend and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation to Lessee's part to be performed under the terms of this Lease. The provisions of Section 38 shall survive the Lease Term upon expiration or earlier termination of this Lease. Lessor may, but shall not be obligated to, cure any Default by Lessee hereunder. All sums expended and all costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by Lessor pursuant to the provisions of this Lease with respect or on account of any Default by Lessee under this Lease and all such sums shall become Additional Rent under this Lease, payable by Lessee to Lessor on the next rent date after such expenditure. All rent and other amounts payable by Lessee under this Lease shall be and are hereby declared to be a valid and first lien upon Lessee's interest in the Premises and upon the rents, issues and profits in any damagemanner arising or growing out of the same, injury and upon Lessee's interest in this Lease. In the event of any breach or death occurring during threatened breach by Lessee of any of the covenants, agreements, terms or conditions contained in this Lease, Lessor shall be entitled to enjoin such breach or threatened breach and shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise as though re-entry, summary proceedings and other remedies were not provided for in this Lease. No receipt of monies by Lessor from Lessee after termination of this Lease Termor after the giving of any notice of termination of this Lease shall reinstate, continue or extend the Term or affect any notice theretofore given to Lessee, or operate as a waiver of Lessor's right to enforce the payment of rent and any other payments or charges herein reserved and agreed to be paid by Lessee then or thereafter falling due, or operate as a waiver of Lessor's right to recover possession of the premises, it being agreed that after the service of notice to terminate this Lease or the commencement of suit or summary proceedings, or after final order or judgment for the possession of the premises, Lessor may demand, receive and collect any monies due or thereafter falling due without, in any manner, affecting such notice, proceeding, order, suit or judgment, all such monies collected being deemed payments on account of the use and occupation of the premises or at Lessor's election on account of Lessee's liability hereunder.