Common use of Indemnity and Exculpation Clause in Contracts

Indemnity and Exculpation. Tenant shall defend, indemnify and hold Landlord harmless, regardless of any negligence imputed to Landlord as owner of the real property involved in an injury, from and against any and all loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles) in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever arising directly or indirectly from or out of this Lease, or any occurrence in, upon or at the Premises, or the occupancy or use by the Tenant of the Premises, or any act or omission of Tenant, its agents, servants, employees or invitees. Tenant shall not be required, however, to indemnify Landlord against a claim arising from Landlord's active negligence or willful misconduct. Landlord shall not be liable to Tenant for any loss suffered by Tenant under any circumstances, including but not limited to (i) that arising from the negligence of Landlord, its agents, servants, invitees, contractors or subcontractors, or from defects, errors or omissions in the construction or design of the Premises and/or the Building including the structural and nonstructural portions thereof; or (ii) loss of injury to Tenant or to property or that for which Tenant is legally liable from any cause whatsoever, including but not limited to theft or burglary; or (iii) that which results from or is incidental to Tenant's the furnishings of or failure to furnish or the interruption in connection with the furnishings of any service which Landlord is obligated to furnish pursuant to this Lease; or (iv) that which results from any inspection, repair, alteration, or addition or the failure thereof undertaken or failed to be undertaken by Landlord; or (v) any interruption to Tenant's business, however occurring. The aforesaid exculpatory Section is to induce the Landlord, in its judgment, to avoid or minimize covering risks which are better quantified and covered by Tenant either through insurance (or self-insurance or combinations thereof if specifically permitted pursuant to this Lease) thereby permitted potential costs savings in connection with the Operating Costs borne by Tenant pursuant to this Lease. The indemnification of Landlord by Tenant provided for in this Section 8.4 shall not include any matter to the extent for which Landlord has received insurance proceeds covering Landlord's loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles). Notwithstanding the preceding, until Landlord receives insurance proceeds sufficient to make Landlord whole, the terms of this indemnity from Tenant to Landlord shall be in full force and effect. Notwithstanding anything to the contrary, if Landlord's loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles) exceeds any insurance proceeds received by Landlord or if Landlord has not received any insurance proceeds for such matters, Tenant shall fully indemnify Landlord for such matters as provided herein.

Indemnity and Exculpation. As a material part of the consideration for this Lease, Tenant hereby agrees that Landlord, Landlord’s agents, partners, employees and property manager, and any lender holding a mortgage or deed of trust covering the Premises, and their respective officers, agents, servants, employees, and independent contractors (collectively, “Landlord Parties”) shall defendnot be liable to Tenant or any other party for any damage to Tenant or damage, theft or vandalism to Tenant’s property, or the property of Tenant’s employees, agents, independent contractors and/or invitees, and Tenant agrees to indemnify, defend and hold Landlord and the Landlord Parties harmless from and against any claims pertaining thereto, except to the extent such claims arise from the negligence or willful misconduct of Landlord, its agents, employees or property manager or Landlord’s default of Landlord’s obligations as expressly set forth in this Lease. Tenant further agrees to indemnify Landlord and the Landlord Parties and defend and hold them harmless from and against all claims, damages, liabilities, causes of action, costs, and expenses (including attorneys’ fees) arising out of any injury to person or damage to property occurring in, on, or about the Premises from any cause whatsoever, or in on or about the Building if arising due to the negligence or intentional misconduct of Tenant or its employees, agents, independent contractors and/or invitees, excepting only claims arising out of the negligence or willful misconduct of Landlord, its agents, employees or property manager, or Landlord’s default of Landlord’s obligations as expressly set forth in this Lease. Tenant’s obligation under this paragraph to indemnify, defend and hold Landlord and the Landlord Parties harmless shall not be limited to the amount of available insurance proceeds, but rather shall extend to the full amount of the claim. Landlord shall protect, indemnify and hold Landlord harmless, regardless of any negligence imputed to Landlord as owner of the real property involved in an injury, Tenant harmless from and against any and all loss, claims, actions, damages, liability or costs (including court costs and expense (including, but not limited to, reasonable attorneys' fees and insurance deductibles’ fees) in connection with loss incurred by reason of life, personal injury, any damage to any property or any other loss or injury whatsoever arising directly or indirectly from or out of this Lease, or any occurrence in, upon or at the Premises, or the occupancy or use by the Tenant of the Premises, or any act or omission of Tenant, its agents, servants, employees or invitees. Tenant shall not be required, however, to indemnify Landlord against a claim arising from Landlord's active negligence or willful misconduct. Landlord shall not be liable to Tenant for any loss suffered by Tenant under any circumstances, (including but not limited to property of Tenant) or any injury (iincluding but not limited to death) to any person occurring in, on or about the common areas of the Building to the extent that arising such injury or damage shall be caused by or arise solely from the gross negligence or willful misconduct of Landlord, its agents, servants, invitees, contractors employees or subcontractors, property manager. The indemnity obligations set forth in this Lease shall survive expiration or from defects, errors or omissions in the construction or design termination of the Premises and/or the Building including the structural and nonstructural portions thereof; or (ii) loss of injury to Tenant or to property or that for which Tenant is legally liable from any cause whatsoever, including but not limited to theft or burglary; or (iii) that which results from or is incidental to Tenant's the furnishings of or failure to furnish or the interruption in connection with the furnishings of any service which Landlord is obligated to furnish pursuant to this Lease; or (iv) that which results from any inspection, repair, alteration, or addition or the failure thereof undertaken or failed to be undertaken by Landlord; or (v) any interruption to Tenant's business, however occurring. The aforesaid exculpatory Section is to induce the Landlord, in its judgment, to avoid or minimize covering risks which are better quantified and covered by Tenant either through insurance (or self-insurance or combinations thereof if specifically permitted pursuant to this Lease) thereby permitted potential costs savings in connection with the Operating Costs borne by Tenant pursuant to this Lease. The indemnification of Landlord by Tenant provided for in this Section 8.4 shall not include any matter to the extent for which Landlord has received insurance proceeds covering Landlord's loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles). Notwithstanding the preceding, until Landlord receives insurance proceeds sufficient to make Landlord whole, the terms of this indemnity from Tenant to Landlord shall be in full force and effect. Notwithstanding anything to the contrary, if Landlord's loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles) exceeds any insurance proceeds received by Landlord or if Landlord has not received any insurance proceeds for such matters, Tenant shall fully indemnify Landlord for such matters as provided herein.

Indemnity and Exculpation. Tenant shall defend, agrees to indemnify Landlord and hold Landlord harmless, regardless of any harmless except for the active negligence imputed to Landlord as owner of the real property involved in an injury, or willful misconduct from and against any and all liability, loss, claimscost, actions, damages, liability and expense (including, but not limited toexpenses, attorneys' fees and insurance deductibles) in connection with loss of lifefees, personal injuryor obligations on account of, damage to property or any other loss or injury whatsoever arising directly or indirectly from or out of this Leasethe use, condition or any occurrence in, upon or at the Premises, or the occupancy or use by the Tenant of the Premises, or any act or omission of Tenant, its agents, servants, employees or invitees. Tenant shall not be required, however, agrees to indemnify defend Landlord against any litigation or threatened litigation relating to any incident relating to the subject premises to which the Landlord is named as a claim arising from Landlord's defendant. It is understood that Tenant is and shall be in control and possession of the Premises and that except for the active negligence or willful misconductmisconduct Landlord shall in no event be responsible or liable for any injury or damage to any property of Tenant or any other person, or for damage or injury to any other 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 Agreement is entered into on the express condition that except for its active negligence or willful misconduct Landlord shall not be liable for, or suffer loss by reason of, injury to Tenant for person or property, from whatever cause, which in any loss suffered by Tenant under any circumstancesway may be connected with the use, condition or occupancy of the premises or personal property therein or thereon, including but not limited without limitation, any liability for injury to (i) that arising from the negligence person or property of LandlordTenant, its Tenant's agents, servantsofficers, employees, invitees, contractors or subcontractors, or from defects, errors or omissions in the construction or design any other person. The provisions of this Lease Agreement permitting Landlord to enter and inspect the Premises and/or are for the Building including the structural and nonstructural portions thereof; or (ii) loss purposes of injury enabling Landlord to Tenant or become informed as to property or that for which whether Tenant is legally liable from any cause whatsoever, including but not limited to theft or burglary; or (iii) that which results from or is incidental to Tenant's the furnishings of or failure to furnish or the interruption in connection complying with the furnishings of any service which Landlord is obligated to furnish pursuant to this Lease; or (iv) that which results from any inspection, repair, alteration, or addition or the failure thereof undertaken or failed to be undertaken by Landlord; or (v) any interruption to Tenant's business, however occurring. The aforesaid exculpatory Section is to induce the Landlord, in its judgment, to avoid or minimize covering risks which are better quantified and covered by Tenant either through insurance (or self-insurance or combinations thereof if specifically permitted pursuant to this Lease) thereby permitted potential costs savings in connection with the Operating Costs borne by Tenant pursuant to this Lease. The indemnification of Landlord by Tenant provided for in this Section 8.4 shall not include any matter to the extent for which Landlord has received insurance proceeds covering Landlord's loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles). Notwithstanding the preceding, until Landlord receives insurance proceeds sufficient to make Landlord whole, the terms of this indemnity from Tenant to Lease Agreement, and Landlord shall be under no duty to enter and inspect or to perform any of Tenant's covenants set forth in full force and effect. Notwithstanding anything to the contrary, if Landlord's loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles) exceeds any insurance proceeds received by Landlord or if Landlord has not received any insurance proceeds for such matters, Tenant shall fully indemnify Landlord for such matters as provided hereinthis Lease Agreement.

Indemnity and Exculpation. Tenant shall defend, agrees to indemnify Landlord and hold Landlord harmless, regardless of any harmless except for the active negligence imputed to Landlord as owner of the real property involved in an injury, or willful misconduct from and against any and all liability, loss, claimscost, actions, damages, liability and expense (including, but not limited toexpenses, attorneys' fees fees, or obligations on account of, or arising out of the use, condition or occupancy of the Premises, Tenant agrees to defend Landlord against any litigation or threatened litigation relating to any incident relating to the subject premises to which the Landlord is named as a defendant provided, however, this obligation shall not apply where the Landlord was advised in writing as to the discrepancy for which the Landlord was responsible under the terms of the Lease. It is understood that Tenant is and insurance deductibles) shall be in control and possession of the Premises and that except for the active negligence or willful misconduct Landlord shall in no event be responsible or liable for any injury or damage to any property of Tenant or any other person, or for damage or injury to any other person whatsoever, happening on, in, about or in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever arising directly or indirectly from or out of this Lease, or any occurrence in, upon or at the Premises, or for any injury or damage to the occupancy or use by the Tenant of the Premises, Premises or any act or omission of Tenant, part thereof. This Lease Agreement is entered into on the express condition that except for its agents, servants, employees or invitees. Tenant shall not be required, however, to indemnify Landlord against a claim arising from Landlord's active negligence or willful misconduct. misconduct Landlord shall not be liable for, or suffer loss by reason of, injury to Tenant for person or property, from whatever cause, which in any loss suffered by Tenant under any circumstancesway may be connected with the use, condition or occupancy of the Premises or personal property therein or thereon, including but not limited without limitation, any liability for injury to (i) that arising from the negligence person or property of LandlordTenant, its Tenant's agents, servantsofficers, employees, invitees, contractors or subcontractors, or from defects, errors or omissions in the construction or design any other person. The provisions of this Lease Agreement permitting Landlord to enter and inspect the Premises and/or are for the Building including the structural and nonstructural portions thereof; or (ii) loss purposes of injury enabling Landlord to Tenant or become informed as to property or that for which whether Tenant is legally liable from any cause whatsoever, including but not limited to theft or burglary; or (iii) that which results from or is incidental to Tenant's the furnishings of or failure to furnish or the interruption in connection complying with the furnishings of any service which Landlord is obligated to furnish pursuant to this Lease; or (iv) that which results from any inspection, repair, alteration, or addition or the failure thereof undertaken or failed to be undertaken by Landlord; or (v) any interruption to Tenant's business, however occurring. The aforesaid exculpatory Section is to induce the Landlord, in its judgment, to avoid or minimize covering risks which are better quantified and covered by Tenant either through insurance (or self-insurance or combinations thereof if specifically permitted pursuant to this Lease) thereby permitted potential costs savings in connection with the Operating Costs borne by Tenant pursuant to this Lease. The indemnification of Landlord by Tenant provided for in this Section 8.4 shall not include any matter to the extent for which Landlord has received insurance proceeds covering Landlord's loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles). Notwithstanding the preceding, until Landlord receives insurance proceeds sufficient to make Landlord whole, the terms of this indemnity from Tenant to Lease Agreement, and Landlord shall be under no duty to enter and inspect or to perform any of Tenant's covenants set forth in full force and effect. Notwithstanding anything to the contrary, if Landlord's loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles) exceeds any insurance proceeds received by Landlord or if Landlord has not received any insurance proceeds for such matters, Tenant shall fully indemnify Landlord for such matters as provided hereinthis Lease Agreement.

Indemnity and Exculpation. Tenant shall defend, indemnify and hold Landlord harmless, regardless of any negligence imputed Except to Landlord as owner of the real property involved in an injury, from and against any and all loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles) in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever arising directly or indirectly from or out of this Lease, or any occurrence in, upon or at the Premises, or the occupancy or use extent caused by the Tenant of the Premises, or any act or omission of Tenant, its agents, servants, employees or invitees. Tenant shall not be required, however, to indemnify Landlord against a claim arising from Landlord's active negligence or willful misconduct. Landlord shall not be liable to Tenant for any loss suffered by Tenant under any circumstances, including but not limited to (i) that arising from the negligence misconduct of Landlord, its agents, servants, inviteesemployees, contractors or subcontractorsinvitees, Tenant agrees to indemnify Landlord and hold Landlord harmless from any and all liability, loss, cost, expenses, reasonable attorney's fees, or from defectsobligations on account of, errors or omissions in arising out of the construction use, condition or design occupancy of the Premises and/or by Tenant, Tenant agrees to defend Landlord against any litigation or threatened litigation relating to any such incident to which the Building including the structural and nonstructural portions thereof; Landlord is named as a defendant. It is understood that, except as otherwise provided in this Paragraph, Landlord shall in no event be responsible or (ii) loss liable for any injury or damage to any property of Tenant or any other person, or for damage or injury to Tenant or to property or that for which Tenant is legally liable from any cause other person whatsoever, including but not limited to theft happening on, in, about or burglary; or (iii) that which results from or is incidental to Tenant's the furnishings of or failure to furnish or the interruption in connection with the furnishings of any service which Landlord is obligated to furnish pursuant to this Lease; or (iv) that which results from any inspection, repair, alterationpremises, or addition for any injury or damage to the failure thereof undertaken Premises or failed any part thereof. This Lease is entered into on the express condition that, except as otherwise provided in this Paragraph, Landlord 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 undertaken by Landlord; connected with the use, condition or (v) occupancy of the premises or personal property therein or thereon, including without limitation, any interruption liability for injury to the person or property of Tenant, Tenant's businessagents, however occurring. The aforesaid exculpatory Section is to induce the Landlordofficers, in its judgmentemployees, to avoid invitees, or minimize covering risks which are better quantified and covered by Tenant either through insurance (or self-insurance or combinations thereof if specifically permitted pursuant to this Lease) thereby permitted potential costs savings in connection with the Operating Costs borne by Tenant pursuant to this Lease. The indemnification of Landlord by Tenant provided for in this Section 8.4 shall not include any matter other person, except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees, contractors or invitees. The provisions of this Lease permitting Landlord to enter and inspect the Premises are for which the purposes of enabling Landlord has received insurance proceeds covering Landlord's loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles). Notwithstanding the preceding, until Landlord receives insurance proceeds sufficient to make Landlord whole, become informed as to whether Tenant is complying with the terms of this indemnity from Tenant to Lease, and Landlord shall be under no duty to enter and inspect or to perform any of Tenant's covenants set forth is this Lease Agreement. Notwithstanding anything in full force and effectthis Paragraph 12 to the contrary, however, the Landlord shall be responsible for the negligence or willful misconduct of Landlord, its agents, employees, contractors or invitees relating to any of the circumstances set forth herein. Notwithstanding anything to the contrarycontrary contained in this Lease, if Landlord's lossLandlord shall not be released from, and shall indemnify, defend, protect and hold harmless Tenant from, all damages, liabilities, judgments, actions, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees fees, consultants' fees, payments, costs and insurance deductibles) exceeds any insurance proceeds received by expenses arising from the negligence or willful misconduct of Landlord or if Landlord has not received any insurance proceeds for such mattersits agents, Tenant shall fully indemnify Landlord for such matters as provided hereinemployees, contractors or invitees; Landlord's violation of Law; or a breach of Landlord's obligations or representations under this Lease.

Indemnity and Exculpation. 13.1 Tenant shall hereby agrees to defend, indemnify and hold Landlord harmlessharmless Landlord, regardless its partners (including the shareholders, officers and directors of any negligence imputed corporate partner), agents, employees, successors and Lenders (for purposes of this Article, the foregoing shall be referred to Landlord collectively as owner of "Landlord") and the real property involved in an injuryFacility from each and every claim, from and against any and all demand, lien, loss, claimspenalty, actions, damages, liability and expense cost (including, but not limited to, including attorneys' fees and insurance deductibles) in connection with loss costs of lifelitigation), personal injuryjudgment and damage of any kind or nature whatsoever at any time made by reason of any injury or death to any person or persons, including Tenant, or damage or destruction to property of any kind whatsoever and to whomsoever belonging including, without limitation, Tenant, from any cause or any other loss causes, (including without limitation Tenant's arranging or injury whatsoever failure to arrange for competent medical care, or to render competent dietary and sanitary care to patients and occupants), resulting or arising directly or indirectly from or indirectly, out of this LeaseTenant's possession, or any occurrence inoccupancy, upon or maintenance, repair and/or use of the Facility, the conduct of Tenant's business at the PremisesFacility, any act, omission or the occupancy or use by the Tenant of the Premises, or any act or omission neglect of Tenant, its agents, servantscontractors, employees or invitees, any default or breach by Tenant in the performance of its obligations hereunder, or the condition, use or misuse of the Facility and the approaches and appurtenances thereto, including, without limitation, all adjacent sidewalks, alleys, and the parking area. Tenant The foregoing shall include without limitation the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not be required(in the case of claims made against Landlord) litigated and/or reduced to judgment, howeverand whether well founded or not. Excluded from Tenant's obligations set forth in this section are damages which are the sole, to indemnify Landlord against a claim arising from direct and proximate result of Landlord's active negligence gross negligence, willful acts or willful misconduct. Landlord shall not be liable to Tenant for any loss suffered by Tenant under any circumstances, including but not limited to (i) that arising from the negligence of Landlord, its agents, servants, invitees, contractors or subcontractorsomissions, or from defects, errors or omissions in the construction or design Landlord's material breach of the Premises and/or the Building including the structural and nonstructural portions thereof; or (ii) loss of injury to Tenant or to property or that for which Tenant is legally liable from any cause whatsoever, including but not limited to theft or burglary; or (iii) that which results from or is incidental to Tenant's the furnishings of or failure to furnish or the interruption in connection with the furnishings of any service which Landlord is obligated to furnish pursuant to this Lease; or (iv) that which results from any inspection, repair, alteration, or addition or the failure thereof undertaken or failed to be undertaken by Landlord; or (v) any interruption to Tenant's business, however occurring. The aforesaid exculpatory Section is to induce the Landlord, in its judgment, to avoid or minimize covering risks which are better quantified and covered by Tenant either through insurance (or self-insurance or combinations thereof if specifically permitted pursuant to this Lease) thereby permitted potential costs savings in connection with the Operating Costs borne by Tenant pursuant to this Lease. The indemnification of Landlord by Tenant provided for in this Section 8.4 shall not include any matter except to the extent that insurance coverage for which Landlord has received insurance proceeds covering Landlord's loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles). Notwithstanding protection is required by the preceding, until Landlord receives insurance proceeds sufficient to make Landlord whole, the terms provisions of this indemnity from Tenant to Landlord shall be in full force and effect. Notwithstanding anything to the contrary, if Landlord's loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles) exceeds any insurance proceeds received by Landlord or if Landlord has not received any insurance proceeds for such matters, Tenant shall fully indemnify Landlord for such matters as provided hereinArticle 14.

Indemnity and Exculpation. As a material part of the consideration for this Lease, and except to the extent due to the gross negligence or willful misconduct of Landlord or Landlord Parties, Tenant hereby agrees that Landlord, Landlord’s agents, partners, employees and property manager, and any lender holding a mortgage or deed of trust covering the Premises, and their respective officers, agents, servants, employees, and independent contractors (collectively, “Landlord Parties”) shall defendnot be liable to Tenant or any other party for any damage to Tenant or damage, theft or vandalism to Tenant's property, or the property of Tenant’s employees, agents, independent contractors and/or invitees, and Tenant agrees to indemnify, defend and hold Landlord and the Landlord Parties harmless from and against any claims pertaining thereto. Tenant further agrees to indemnify Landlord and the Landlord Parties and defend and hold them harmless from and against all claims, damages, liabilities, causes of action, costs, and expenses (including reasonable attorneys' fees) arising out of any injury to person or damage to property occurring in, on, or about the Premises from any cause whatsoever, or in on or about the Building if arising due to the negligence or intentional misconduct of Tenant or its employees, agents, independent contractors and/or invitees, and regardless of any claimed negligence on the part of Landlord or Landlord Parties except to the extent of the gross negligence or willful misconduct of Landlord. Tenant's obligation under this paragraph to indemnify, defend and hold Landlord and the Landlord Parties harmless shall not be limited to the amount of available insurance proceeds, but rather shall extend to the full amount of the claim. Landlord shall protect, indemnify and hold Landlord harmless, regardless of any negligence imputed to Landlord as owner of the real property involved in an injury, Tenant and Tenant’s employees harmless from and against any and all loss, claims, actions, damages, liability or costs (including court costs and expense (including, but not limited to, reasonable attorneys' fees and insurance deductibles’ fees) in connection with loss incurred by reason of life, personal injury, any damage to any property or any other loss or injury whatsoever arising directly or indirectly from or out of this Lease, or any occurrence in, upon or at the Premises, or the occupancy or use by the Tenant of the Premises, or any act or omission of Tenant, its agents, servants, employees or invitees. Tenant shall not be required, however, to indemnify Landlord against a claim arising from Landlord's active negligence or willful misconduct. Landlord shall not be liable to Tenant for any loss suffered by Tenant under any circumstances, (including but not limited to property of Tenant) or any injury (iincluding but not limited to death) to any person occurring in, on or about the common areas of the Building to the extent that arising such injury or damage shall be caused by or arise solely from the gross negligence or willful misconduct of Landlord, its agents, servants, invitees, contractors employees or subcontractors, property manager. The indemnity obligations set forth in this Lease shall survive expiration or from defects, errors or omissions in the construction or design termination of the Premises and/or the Building including the structural and nonstructural portions thereof; or (ii) loss of injury to Tenant or to property or that for which Tenant is legally liable from any cause whatsoever, including but not limited to theft or burglary; or (iii) that which results from or is incidental to Tenant's the furnishings of or failure to furnish or the interruption in connection with the furnishings of any service which Landlord is obligated to furnish pursuant to this Lease; or (iv) that which results from any inspection, repair, alteration, or addition or the failure thereof undertaken or failed to be undertaken by Landlord; or (v) any interruption to Tenant's business, however occurring. The aforesaid exculpatory Section is to induce the Landlord, in its judgment, to avoid or minimize covering risks which are better quantified and covered by Tenant either through insurance (or self-insurance or combinations thereof if specifically permitted pursuant to this Lease) thereby permitted potential costs savings in connection with the Operating Costs borne by Tenant pursuant to this Lease. The indemnification of Landlord by Tenant provided for in this Section 8.4 shall not include any matter to the extent for which Landlord has received insurance proceeds covering Landlord's loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles). Notwithstanding the preceding, until Landlord receives insurance proceeds sufficient to make Landlord whole, the terms of this indemnity from Tenant to Landlord shall be in full force and effect. Notwithstanding anything to the contrary, if Landlord's loss, claims, actions, damages, liability and expense (including, but not limited to, attorneys' fees and insurance deductibles) exceeds any insurance proceeds received by Landlord or if Landlord has not received any insurance proceeds for such matters, Tenant shall fully indemnify Landlord for such matters as provided herein.