Common use of Indemnity and Exemption of Landlord from Liability Clause in Contracts

Indemnity and Exemption of Landlord from Liability. Tenant hereby -------------------------------------------------- agrees to indemnify, protect, and hold harmless Landlord and its shareholders, officers, directors, agents, property managers, employees, contractors, and the partners comprising Landlord (if any) from and against all Claims (as defined below) and all costs, expenses, and attorneys' fees incurred in the defense or handling of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "Claims" shall mean all liabilities, damages, losses, costs, expenses, attorneys' fees, and claims (except to the extent they result from Landlord's negligent acts or willful misconduct) arising from or which seek to impose liability under or because of (i) Tenant's or Tenant's Invitees' use of the Premises, (ii) the conduct of Tenant's business, (iii) any activity, work, or things done, permitted, or suffered by Tenant or any of Tenant's Invitees in or about the Premises or elsewhere, (iv) any breach or default in the performance of any obligation to be performed by Tenant under this Lease, and/or (v) any negligence of Tenant or any of Tenant's Invitees. If any action or proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or the partners comprising Landlord (if any) by reason of any such Claims, Tenant upon notice from Landlord shall defend such action or proceeding at Tenant's sole cost by legal counsel reasonably satisfactory to Landlord. Except to the extent caused by Landlord's negligent acts or willful misconduct, Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and Landlord shall not be liable for, any of the matters set forth above in this Paragraph or any of the following: injury to Tenant's business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant's Invitees, or any other persons in, upon, or about the Premises, whether such damage, loss, or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon the Premises, or other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. This Lease shall not be affected or impaired by any change to any part of the Project or any sidewalks, streets or improvements nearby the Project. Landlord may, at its election, at any time and without liability to Tenant, change the name of the Project. Notwithstanding anything to the contrary in this Paragraph 36:

Indemnity and Exemption of Landlord from Liability. 37.1. Tenant hereby -------------------------------------------------- agrees to indemnify, protect, and hold harmless Landlord and its shareholders, officers, directors, agents, property managers, employees, contractors, and the partners comprising Landlord (if any) from and against all Claims (as defined below) and all costs, expenses, and attorneys' ’ fees incurred in the defense or handling of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "“Claims" ” shall mean all liabilities, damages, losses, costs, expenses, attorneys' ’ fees, and claims (except to the extent they result from Landlord's ’s grossly negligent acts or willful misconduct) arising from or which seek to impose liability under or because of (i) Tenant's ’s or Tenant's ’s Invitees' ’ use of the Premises, (ii) the conduct of Tenant's ’s business, (iii) any activity, work, or things done, permitted, or suffered by Tenant or any of Tenant's ’s Invitees in or about the Premises or elsewhere, (iv) any breach or default in the performance of any obligation to be performed by Tenant under this Lease, and/or (v) any negligence of Tenant or any of Tenant's ’s Invitees. If any action or 525-937-A, B and C Landmark National Ban—Revised 8-16-01 Standard Shopping Lease FINAL 8-16-01 Landlord /s/ [ILLEGIBLE] Tenant /s/ [ILLEGIBLE] proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or the partners comprising Landlord (if any) by reason of any such Claims, Tenant upon notice from Landlord shall defend such action or proceeding at Tenant's ’s sole cost by legal counsel reasonably satisfactory to Landlordcost. Except to the extent caused by Landlord's ’s grossly negligent acts or willful misconduct, Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and Landlord shall not be liable for, any of the matters set forth above in this Paragraph or any of the following: injury to Tenant's ’s business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant's ’s Invitees, or any other persons in, upon, or about the Premises, whether such damage, loss, or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon the Premises, or other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. This Lease shall not be affected or impaired by any change to any part of the Project or any sidewalks, streets or improvements nearby the Project. Project Landlord may, at its election, at any time and without liability to Tenant, change the name of the Project. Notwithstanding anything to the contrary in this Paragraph 36:.

Indemnity and Exemption of Landlord from Liability. Tenant hereby -------------------------------------------------- agrees to indemnify, protect, and hold harmless indemnifies Landlord and its shareholders, officers, directors, agents, property managers, employees, contractors, and the partners comprising Landlord (if any) from and against all Claims (as defined below) and all costs, expenses, expenses and attorneys' fees incurred in the defense or handling of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "Claims" shall will mean and refer to all liabilities, damages, losses, costs, expenses, attorneys' fees, fees and claims (except to the extent they result from Landlord's grossly negligent acts or willful misconduct) arising from or which seek to impose liability under or because of (i) Tenant's or Tenant's Invitees' use of the PremisesPremises or the Project, (ii) the conduct of Tenant's business, (iii) any activity, work, work or things done, permitted, or suffered by Tenant or any of Tenant's Invitees in or about the Premises or elsewhere, (iv) any breach or default in the timely performance of any obligation to be performed by Tenant under this Lease, and/or (v) any negligence or intentional misconduct of Tenant or any of Tenant's Invitees. If any action or proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or the partners comprising Landlord (if any) by reason of any such Claims, Tenant upon notice from Landlord shall defend such action or proceeding at Tenant's sole cost by legal counsel reasonably satisfactory to Landlord. Except to the extent caused by Landlord's grossly negligent acts or willful misconduct, Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and Landlord shall not be liable for, any of the matters set forth above in this Paragraph paragraph or any of the following: injury to Tenant's business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant's Invitees, Invitees or any other persons in, upon, or about the Premises, whether such damage, loss, loss or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon the Premises, or other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. This Lease shall not be affected or impaired by any change to any part of the Project Real Property or any sidewalks, streets streets, or improvements nearby the Project. Landlord may, at its election, at any time and without liability to Tenant, change the name of the Project. Notwithstanding anything to the contrary in this Paragraph 36:Real Property.

Indemnity and Exemption of Landlord from Liability. Tenant hereby -------------------------------------------------- agrees to indemnify, protect, and hold harmless Landlord and its shareholders, officers, directors, agents, property managers, employees, contractors, and the partners comprising Landlord (if anya) from and against all Claims (as defined below) and all costs, expenses, and attorneys' fees incurred in the defense or handling of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "Claims" shall mean all liabilities, damages, losses, costs, expenses, attorneys' fees, and claims (except Except to the extent they result from caused by the negligence or willful misconduct of Landlord or Landlord's negligent acts or willful misconduct) Representatives, Tenant shall indemnify, protect and defend Landlord against all claims arising from or which seek to impose liability under or because of (i) the use of the Premises by Tenant, Tenant's or Representatives and/or Tenant's Invitees' use of the Premises, (ii) the conduct of Tenant's business, (iii) any activity, work, work or things done, permitted, permitted or suffered by Tenant or any of Tenant's Invitees Representatives in or about the Premises or elsewhere, (iv) any breach or default in the performance of any obligation to be performed by Tenant under this Lease, and/or or (v) any negligence of Tenant, Tenant's Representatives and/or Tenant's Invitees, and against all reasonable costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim and any action or proceeding brought on such claim. Notwithstanding any other provision of this Lease, Tenant shall not indemnify, protect or defend Landlord with respect to any past, present or future act or omission relating to the use, generation, storage, discharge or disposal of Hazardous Materials on or about the Project caused by any person other than Tenant, Tenant's Representatives or Tenant's Invitees. If any action or proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or the partners comprising Landlord (if any) by reason of any such Claimsclaim, Tenant upon written notice from Landlord shall defend such action or proceeding at Tenant's sole cost by legal counsel reasonably satisfactory to Landlord. Except to the extent caused by Landlord's negligent acts or willful misconduct, Tenant assumes all risk ofof damage to property and injury to persons in, upon or about the Premises arising from any cause, and Tenant waives all claims against Landlord in respect ofof such damage or injury, except to the extent caused by Landlord's or Landlord's Representative's sole and Landlord shall not be liable for, any of the matters set forth above in this Paragraph exclusive gross negligent acts or any of the following: injury to willful misconduct. Representative's sole and exclusive gross negligent acts or willful misconduct. Tenant's business, loss obligations pursuant to this Section 7.11 shall survive the termination of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant's Invitees, or any other persons in, upon, or about the Premises, whether such damage, loss, or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-this Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon the Premises, or other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. This Lease shall not be affected or impaired by any change to any part of the Project or any sidewalks, streets or improvements nearby the Project. Landlord may, at its election, at any time and without liability to Tenant, change the name of the Project. Notwithstanding anything to the contrary in this Paragraph 36:.

Indemnity and Exemption of Landlord from Liability. Tenant hereby -------------------------------------------------- agrees to shall defend, indemnify, protect, and hold harmless Landlord and its shareholders, officers, directors, agents, property managers, employees, contractors, and the partners comprising Landlord (if any) from and against all Claims (as defined below) and all costs, expenses, and attorneys' ’ fees incurred in the defense or handling of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "“Claims" shall mean ” means all liabilities, damages, losses, costs, expenses, attorneys' ’ fees, and claims (except to the extent they result from Landlord's ’s grossly negligent acts or willful misconduct) arising from or which seek to impose liability under or because of (i) Tenant's ’s or Tenant's ’s Invitees' ’ use of the Premises, (ii) the conduct of Tenant's ’s business, (iii) any activity, work, or things done, permitted, or suffered by Tenant or any of Tenant's ’s Invitees in or about the Premises or elsewhere, (iv) any breach or default in the performance of any obligation to be performed by Tenant under this Lease, and/or (v) any negligence of Tenant or any of Tenant's ’s Invitees. If any action or proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or (vi) any event, act or omission arising on, out of or around the partners comprising Landlord (if any) by reason of any such ClaimsPremises during the Term, Tenant upon notice except to the extent arising from Landlord shall defend such action or proceeding at Tenant's sole cost by legal counsel reasonably satisfactory Landlord’s failure to Landlordperform its obligations under this Lease. Except to the extent arising from Landlord’s failure to perform its obligations under this Lease and to the extent caused by Landlord's ’s grossly negligent acts or willful misconduct, Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and Landlord shall is not be liable for, any of the matters set forth above in this Paragraph paragraph or any of the following: injury to Tenant's ’s business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant's ’s Invitees, or any other persons in, uponon, or about the Premises, whether such damage, loss, or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon about the Premises, or other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. This Lease shall not be affected “Claims” also includes those arising from or impaired by relating to: (i) any change to discharges, releases, or threatened releases of noise, pollutants, contaminants, herbicides, pesticides, insecticides, or hazardous or toxic wastes, substances, or materials (any part of the Project preceding a “Hazardous Material”) into ambient air, water, or land by Tenant or Tenant’s Invitee’s, or otherwise from, on, under, or above the Premises (except to the extent Tenant establishes that the Hazardous Materials were released onto the Premises before the date of this Lease), (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic wastes, substances, or materials by Tenant or Tenant’s Invitees, or otherwise from, on, or under, the Premises, or (iii) a violation of any sidewalksenvironmental or regulation law on, streets under, or improvements nearby above the Project. Premises (except to the extent Tenant establishes that the contamination was released before Landlord may, at its election, at any time and without liability first delivered possession to Tenant, change the name Tenant of the Project. Notwithstanding anything to applicable portion of the contrary in this Paragraph 36:Premises or was a continued release of such pre-possession contamination which was not exacerbated by Tenant’s acts or omissions).

Indemnity and Exemption of Landlord from Liability. Tenant hereby -------------------------------------------------- agrees to indemnify, protect, and hold harmless indemnifies Landlord and its shareholders, officers, directors, agents, property managers, employees, contractors, and the partners comprising Landlord (if any) from and against all Claims (as defined below) and all costs, expenses, and attorneys' fees incurred in the defense or handling of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "Claims" shall will mean and refer to all liabilities, damages, demands, actions, causes of action, losses, costs, expenses, attorneys' fees, and claims (except to the extent they result solely from Landlord's grossly negligent acts or willful misconduct) arising from or which seek to impose liability under or because of (i) Tenant's or Tenant's Invitees' use of the PremisesPremises or the Project, (ii) the conduct of Tenant's business, (iii) any activity, work, or things done, permitted, or suffered by Tenant or any of Tenant's Invitees in or about the Premises or elsewhere, (iv) any breach or default in the performance of any obligation to be performed by Tenant under this Lease, and/or (v) any negligence negligence, recklessness, or willful misconduct of Tenant or any of Tenant's Invitees. If any action or proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or the partners comprising Landlord (if any) by reason of any such Claims, Tenant upon notice from Landlord shall defend Landlord from such action or proceeding at Tenant's sole cost by legal counsel reasonably satisfactory to Landlord. Except to the extent caused solely by Landlord's grossly negligent acts or willful misconduct, Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and Landlord shall will not be liable for, any of the matters set forth above in this Paragraph or any of the following: injury to Tenant's business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant's Invitees, or any other persons in, upon, or about the Premises, whether such damage, loss, or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon the Premises, or other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. This Lease shall not be affected or impaired by any change to any part of the Project or any sidewalks, streets or improvements nearby the Project. Landlord may, at its election, at any time and without liability to Tenant, change the name of the Project. Notwithstanding anything to the contrary in this Paragraph 36:.

Indemnity and Exemption of Landlord from Liability. Tenant hereby -------------------------------------------------- agrees to shall defend, indemnify, protect, and hold harmless Landlord and its shareholders, officers, directors, Landlord's agents, property managersaffiliates, owners, employees, contractorsand independent contractors (collectively, and the partners comprising "Landlord (if anyIndemnitees") from and against all Claims (as defined below) and all costs, expenses, and attorneys' fees incurred in the defense or handling of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "Claims" shall mean means all liabilities, damages, losses, costs, expenses, reasonable attorneys' fees, and claims (except to the extent they result from Landlord's grossly negligent acts or willful misconduct) arising from or which seek to impose liability under or because of (i) Tenant's or Tenant's Invitees' use of the Premisesacts or omissions, (ii) the conduct of Tenant's business, (iii) any activity, work, or things done, permitted, or suffered by Tenant or any of Tenant's Invitees in or about the Premises or elsewhere, (iv) any breach or default in the performance of any obligation to be performed by Tenant under this Lease, and/or or (viii) any event, act or omission arising on, out of or around the Project, except to the extent caused by Landlord's gross negligence of Tenant or any of Tenant's Invitees. If any action or proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or the partners comprising Landlord (if any) by reason of any such Claims, Tenant upon notice from Landlord shall defend such action or proceeding at Tenant's sole cost by legal counsel reasonably satisfactory to Landlordwillful misconduct. Except to the extent caused by Landlord's grossly negligent acts or willful misconduct, Tenant assumes all risk of, and Tenant waives all claims against all Landlord Indemnitees in respect of, and no Landlord shall not be Indemnitee is liable for, any of the matters set forth above in this Paragraph paragraph or any of the following: injury to Tenant's business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant's Invitees, or any other persons in, uponon, or about the PremisesProject, whether such damage, loss, or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon about the Premises, or other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. This Lease shall not be affected "Claims" also includes those arising from or impaired relating to: (i) any discharges, releases, or threatened releases of noise, pollutants, contaminants, herbicides, pesticides, insecticides, or hazardous or toxic wastes, substances, or materials, or any other chemicals or substances which are regulated by any change governmental agency or are harmful to human health (any part of the preceding a "Hazardous Material") into ambient air, water, or land by Tenant or Tenant's Invitees, or otherwise from, on, under, or above the Project after the Commencement Date and before the later of termination of this Lease and the complete vacation of the Project by Tenant and Tenant's Invitees, (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or any sidewalkshandling of pollutants, streets contaminants, or improvements nearby hazardous or toxic wastes, substances, or materials by Tenant or Tenant's Invitees, or otherwise from, on, or under, the Project. Project after the date that Landlord may, at its election, at any time and without liability to Tenant, change the name delivers possession of the ProjectPremises to Tenant and before the later of termination of this Lease and the complete vacation of the Project by Tenant and Tenant's Invitees, or (iii) a violation of any Applicable Regulation, including any environmental law or regulation on, under, or above the Premises caused by Tenant or Tenant's Invitee on, under, around or above the Project or otherwise from, on, or under, the Project after Landlord delivers possession of the Premises to Tenant and before the later of termination of this Lease and the complete vacation of the Project by Tenant and Tenant's Invitees. Notwithstanding anything to the any contrary provision in this Paragraph 36:Lease, neither Landlord nor any of the Landlord Indemnitees shall be liable under any circumstances for injury or damage to, or interference with, Tenant's business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or for any consequential or special damages.

Indemnity and Exemption of Landlord from Liability. Tenant hereby -------------------------------------------------- agrees to shall defend, indemnify, protect, and hold harmless Landlord and its shareholders, officers, directors, Landlord’s agents, property managersaffiliates, owners, employees, contractorsand independent contractors (collectively, and the partners comprising “Landlord (if anyIndemnitees”) from and against all Claims (as defined below) and all costs, expenses, and attorneys' fees incurred in the defense or handling of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "Claims" shall mean means all liabilities, damages, losses, costs, expenses, reasonable attorneys' fees, and claims (except to the extent they result from Landlord's grossly negligent acts or willful misconduct) arising from or which seek to impose liability under or because of (i) Tenant's or Tenant's Invitees' use of the Premisesacts or omissions, (ii) the conduct of Tenant's business, (iii) any activity, work, or things done, permitted, or suffered by Tenant or any of Tenant's Invitees in or about the Premises or elsewhere, (iv) any breach or default in the performance of any obligation to be performed by Tenant under this Lease, and/or or (viii) any event, act or omission arising on, out of or around the Project, except to the extent caused by Landlord’s gross negligence of Tenant or any of Tenant's Invitees. If any action or proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or the partners comprising Landlord (if any) by reason of any such Claims, Tenant upon notice from Landlord shall defend such action or proceeding at Tenant's sole cost by legal counsel reasonably satisfactory to Landlordwillful misconduct. Except to the extent caused by Landlord's grossly negligent acts or willful misconduct, Tenant assumes all risk of, and Tenant waives all claims against all Landlord Indemnitees in respect of, and no Landlord shall not be Indemnitee is liable for, any of the matters set forth above in this Paragraph paragraph or any of the following: injury to Tenant's business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant's Invitees, or any other persons in, uponon, or about the PremisesProject, whether such damage, loss, or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon about the Premises, or other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. This Lease shall not be affected "Claims" also includes those arising from or impaired relating to: (i) any discharges, releases, or threatened releases of noise, pollutants, contaminants, herbicides, pesticides, insecticides, or hazardous or toxic wastes, substances, or materials, or any other chemicals or substances which are regulated by any change governmental agency or are harmful to human health (any part of the preceding a "Hazardous Material") into ambient air, water, or land by Tenant or Tenant's Invitees, or otherwise from, on, under, or above the Project after the Commencement Date and before the later of termination of this Lease and the complete vacation of the Project by Tenant and Tenant’s Invitees, (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or any sidewalkshandling of pollutants, streets contaminants, or improvements nearby hazardous or toxic wastes, substances, or materials by Tenant or Tenant's Invitees, or otherwise from, on, or under, the Project. Project after the date that Landlord may, at its election, at any time and without liability to Tenant, change the name delivers possession of the ProjectPremises to Tenant and before the later of termination of this Lease and the complete vacation of the Project by Tenant and Tenant’s Invitees, or (iii) a violation of any Applicable Regulation, including any environmental law or regulation on, under, or above the Premises caused by Tenant or Tenant’s Invitee on, under, around or above the Project or otherwise from, on, or under, the Project after Landlord delivers possession of the Premises to Tenant and before the later of termination of this Lease and the complete vacation of the Project by Tenant and Tenant’s Invitees. Notwithstanding anything to the any contrary provision in this Paragraph 36:Lease, neither Landlord nor any of the Landlord Indemnitees shall be liable under any circumstances for injury or damage to, or interference with, Tenant’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or for any consequential or special damages.

Indemnity and Exemption of Landlord from Liability. Tenant hereby -------------------------------------------------- agrees to indemnify, protect, and hold harmless shall indemnify Landlord and its shareholders, officers, directors, agents, property managers, employees, contractors, and the partners comprising Landlord (if any) from and against all Claims liabilities, costs, expenses, attorneys' fees and claims, (as defined below) except to the extent caused by Landlord's or Landlord's representatives grossly negligent acts or misconduct), and all costs, expenses, expenses and attorneys' fees incurred in the defense or handling of any such Claims or claim and any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "Claims" shall mean all liabilities, damages, losses, costs, expenses, attorneys' fees, and claims claim (except to the extent they result from Landlord's negligent acts or willful misconduct) ), arising from or which seek to impose liability under or because of (ia) Tenant's or Tenant's InviteesRepresentatives' use of the Premises, (iib) the conduct of Tenant's business, (iiic) any activity, work, work or things done, permitted, permitted or suffered by Tenant or any of Tenant's Invitees Representatives in or about the Premises or elsewhere, (ivd) any breach or default in the performance of any obligation to be performed by Tenant under this Lease, and/or or (ve) any negligence of Tenant or any of Tenant's InviteesRepresentatives. If any action or proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or the partners comprising Landlord (if any) by reason of any such Claimsclaim, Tenant upon notice from Landlord shall defend such action or proceeding at Tenant's sole cost by legal counsel reasonably satisfactory to Landlord. Except to the extent caused by Landlord's or Landlord's representatives grossly negligent acts act or willful misconduct, Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and Landlord shall not be liable for, any of the matters set forth above in this Paragraph or any of the followingfollowing : injury to Tenant's business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant's Invitees, Representatives or any other persons in, upon, upon or about the Premises, whether such damage, loss, loss or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon the Premises, Premises or other sources or places, places and regardless of whether the cause of such damage, loss, loss or injury or the means of repairing such damage, loss, loss or injury is inaccessible to Tenant. This Lease shall not be affected or impaired by any change to any part of the Project Real Property or any sidewalks, streets or improvements nearby the ProjectReal Property. Landlord may, at its election, at any time and without liability to Tenanttime, change the name of the Project. Notwithstanding anything to the contrary in this Paragraph 36:Building.

Indemnity and Exemption of Landlord from Liability. Tenant hereby -------------------------------------------------- agrees to shall defend, indemnify, protect, and hold harmless Landlord and its shareholders, officers, directors, Landlord’s agents, property managersaffiliates, owners, employees, contractorsand independent contractors (collectively, and the partners comprising “Landlord (if anyIndemnitees”) from and against all Claims (as defined below) and all costs, expenses, and attorneys' fees incurred in the defense or handling of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "Claims" shall mean means all liabilities, damages, losses, costs, expenses, reasonable attorneys' fees, and claims (except to the extent they result from Landlord's grossly negligent acts or willful misconduct) arising from or which seek to impose liability under or because of (i) Tenant's or Tenant's Invitees' use of the Premisesacts or omissions, (ii) the conduct of Tenant's business, (iii) any activity, work, or things done, permitted, or suffered by Tenant or any of Tenant's Invitees in or about the Premises or elsewhere, (iv) any breach or default in the performance of any obligation to be performed by Tenant under this Lease, and/or or (viii) any event, act or omission arising on, out of or around the Project, except to the extent caused by Landlord’s gross negligence of Tenant or any of Tenant's Invitees. If any action or proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or the partners comprising Landlord (if any) by reason of any such Claims, Tenant upon notice from Landlord shall defend such action or proceeding at Tenant's sole cost by legal counsel reasonably satisfactory to Landlordwillful misconduct. Except to the extent caused by LandlordXxxxxxxx's grossly negligent acts or willful misconduct, Tenant assumes all risk of, and Tenant waives all claims against all Landlord Indemnitees in respect of, and no Landlord shall not be Indemnitee is liable for, any of the matters set forth above in this Paragraph paragraph or any of the following: injury to Tenant's business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, TenantXxxxxx's Invitees, or any other persons in, uponon, or about the PremisesProject, whether such damage, loss, or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon about the Premises, or other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. This Lease shall not be affected "Claims" also includes those arising from or impaired relating to: (i) any discharges, releases, or threatened releases of noise, pollutants, contaminants, herbicides, pesticides, insecticides, or hazardous or toxic wastes, substances, or materials, or any other chemicals or substances which are regulated by any change governmental agency or are harmful to human health (any part of the preceding a "Hazardous Material") into ambient air, water, or land by Tenant or Tenant's Invitees, or otherwise from, on, under, or above the Project after the Commencement Date and before the later of termination of this Lease and the complete vacation of the Project by Tenant and Tenant’s Invitees, (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or any sidewalkshandling of pollutants, streets contaminants, or improvements nearby hazardous or toxic wastes, substances, or materials by Tenant or Tenant's Invitees, or otherwise from, on, or under, the Project. Project after the date that Landlord may, at its election, at any time and without liability to Tenant, change the name delivers possession of the ProjectPremises to Tenant and before the later of termination of this Lease and the complete vacation of the Project by Xxxxxx and Xxxxxx’s Invitees, or (iii) a violation of any Applicable Regulation, including any environmental law or regulation on, under, or above the Premises caused by Tenant or Tenant’s Invitee on, under, around or above the Project or otherwise from, on, or under, the Project after Landlord delivers possession of the Premises to Tenant and before the later of termination of this Lease and the complete vacation of the Project by Xxxxxx and Xxxxxx’s Invitees. Notwithstanding anything to the any contrary provision in this Paragraph 36:Lease, neither Landlord nor any of the Landlord Indemnitees shall be liable under any circumstances for injury or damage to, or interference with, Xxxxxx’s business, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or for any consequential or special damages.

Indemnity and Exemption of Landlord from Liability. Tenant hereby -------------------------------------------------- agrees to indemnify, protect, and hold harmless Landlord and its shareholders, officers, directors, agents, property managers, Landlord /s/ JC Tenant /s/ RCB employees, contractors, and the partners comprising Landlord (if any) from and against all Claims (as defined below) and all costs, expenses, and attorneys' ’ fees incurred in the defense or handling of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "“Claims" ” shall mean all liabilities, damages, losses, costs, expenses, attorneys' ’ fees, and claims (except to the extent they result from Landlord's ’s grossly negligent acts or willful misconduct) arising from or which seek to impose liability under or because of (i) Tenant's ’s or Tenant's ’s Invitees' ’ use of the Premises, (ii) the conduct of Tenant's ’s business, (iii) any activity, work, or things done, permitted, or suffered by Tenant or any of Tenant's ’s Invitees in or about the Premises or elsewhere, (iv) any breach or default in the performance of any obligation to be performed by Tenant under this Lease, and/or (v) any negligence of Tenant or any of Tenant's ’s Invitees. If any action or proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or the partners comprising Landlord (if any) by reason of any such Claims, Tenant upon notice from Landlord shall defend such action or proceeding at Tenant's ’s sole cost by legal counsel reasonably satisfactory to Landlord. Except to the extent caused by Landlord's ’s grossly negligent acts or willful misconduct, Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and Landlord shall not be liable for, any of the matters set forth above in this Paragraph or any of the following: injury to Tenant's ’s business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant's Invitees’s invitees, or any other persons in, upon, or about the Premises, whether such damage, loss, or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon the Premises, or other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. This Lease shall not be affected or impaired by any change to any part of the Project or any sidewalks, streets streets, or improvements nearby the Project. Landlord may, at its election, at any time and without liability to Tenant, change the name of the Project. Notwithstanding anything to the contrary contained in this Paragraph 36:

Indemnity and Exemption of Landlord from Liability. Tenant hereby -------------------------------------------------- agrees to shall defend, indemnify, protect, and hold harmless Landlord and its shareholders, officers, directors, agents, property managers, employees, contractors, and the partners comprising Landlord (if any) from and against all Claims (as defined below) and all costs, expenses, and attorneys' fees incurred in the defense or handling of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "Claims" shall mean means all liabilities, damages, losses, costs, expenses, attorneys' fees, and claims (except to the extent they result from Landlord's negligent acts or willful misconductmisconduct or Landlord's breach of this Lease) arising from or which seek to impose liability under or because of (i) Tenant's or Tenant's Invitees' use of the Premises, (ii) the conduct of Tenant's business, (iii) any activity, work, or things done, permitted, done or suffered permitted by Tenant or any of Tenant's Invitees in or about the Premises or elsewhere, (iv) any breach or default in the performance of any obligation to be performed by Tenant under this Lease, and/or (v) any negligence of Tenant or any of Tenant's Invitees. If any action or proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or (vi) any event, act or omission arising on, out of or around the partners comprising Landlord (Premises during the Term, except if any) by reason of any such Claims, Tenant upon notice resulting from Landlord shall defend such action Landlord's gross negligence or proceeding at Tenant's sole cost by legal counsel reasonably satisfactory to Landlordwillful misconduct. Except to the extent caused by Landlord's grossly negligent acts or willful misconductmisconduct or Landlord's default under this Lease, Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and Landlord shall is not be liable for, any of the matters set forth above in this Paragraph Article 21 or any of the following: injury to Tenant's business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant's Invitees, or any other persons in, uponon, or about the Premises, whether such damage, loss, or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon about the Premises, or other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. This Lease shall not be affected "Claims" also includes those arising from or impaired by relating to the following occurring after the Commencement Date: (i) any change to discharges, releases, or threatened releases of noise, pollutants, contaminants, herbicides, pesticides, insecticides, regulated substances, or hazardous or toxic wastes, substances, or materials (any part of the Project preceding a "Hazardous Material") into ambient air, water, or land by Tenant or Tenant's Invitees, or otherwise from, on, under, or above the Premises, (ii) the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous, regulated, or toxic wastes, substances, or materials by Tenant or Tenant's Invitees, or otherwise from, on, or under, the Premises, or (iii) a violation of any sidewalksenvironmental or regulation law pertaining to the Premises, streets excluding violations pertaining to Hazardous Materials existing in, on or improvements nearby about the Project. Landlord may, at its election, at any time and without liability to Tenant, change the name Premises as of the ProjectCommencement Date (which shall be Landlord's responsibility at Landlord's sole cost and expense as provided below). Notwithstanding anything above to the contrary contrary, Landlord shall indemnify, defend, protect, and hold harmless Tenant, Tenant's Invitees and Tenant's officers, directors and partners from any Claims incurred in connection with or arising from (a) any cause in or about the Premises during the Term to the extent compensated by Landlord's insurance policies carried pursuant to the terms of this Paragraph 36:Lease, (b) any grossly negligent acts or omissions or willful misconduct of any of Landlord in, on, or about the Premises either prior to, during, or after the expiration of the Term, or (c) any Claims pertaining to the Hazardous Materials existing in, on or about the Premises as of the Commencement Date, (d) Landlord's negligent acts to the extent established by the applicable court or arbitration panel, or (e) a breach or default in the performance of any obligation to be performed by Landlord under this Lease. Landlord's and Tenant's obligations under this Article 21 shall survive the expiration or sooner termination of this Lease.

Indemnity and Exemption of Landlord from Liability. Tenant hereby -------------------------------------------------- agrees to indemnify, protect, and hold harmless indemnifies Landlord and its shareholders, officers, directors, agents, property managers, employees, contractors, and the partners comprising Landlord (if any) from and against all Claims (as defined below) and all costs, expenses, and attorneys' fees incurred in the defense or handling of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "Claims" shall mean all liabilities, damages, losses, costs, expenses, attorneys' fees, and claims (except to the extent they result from Landlord's sole negligent acts or willful misconduct) arising from or which seek to impose liability under or because of (i) Tenant's or Tenant's Invitees' use of the Premises, (ii) the conduct of Tenant's business, (iii) any activity, work, or things done, permitted, or suffered by Tenant or any of Tenant's Invitees in or about the Premises or elsewhere, by anyone other than Landlord or any of Landlord's Invitees, (iv) any breach or default in the performance of any obligation to be performed by Tenant under this Lease, and/or (v) any negligence of Tenant or any of Tenant's Invitees. If any action or proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or the partners comprising Landlord (if any) by reason of any such Claims, Tenant upon notice from Landlord shall defend such action or proceeding at Tenant's sole cost by legal counsel reasonably satisfactory to Landlord. Except to the extent caused by Landlord's negligent acts or willful misconduct, Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and Landlord shall not be liable forindemnify, defend, protect and hold Tenant harmless from any and all Claims arising or resulting from: (a) any act or omission of the matters set forth above in this Paragraph Landlord or any of the following: injury to Tenant's business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant's Invitees, its affiliates or any other persons inof their respective officers, uponemployees, agents, contractors or invitees, (b) any activity, work or thing done, permitted or suffered by Landlord in or about the Premises; and/or (c) Landlord's default of any of its obligations under this Lease. In case any action or proceeding is brought against Tenant by reason of any such indemnified Claims, whether such damageLandlord, lossupon notice from Tenant, or injury is caused shall defend the same at Landlord's expense by or results from criminal actscounsel approved in writing by Tenant, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon the Premises, or other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. This Lease which approval shall not be affected unreasonably withheld, conditioned or impaired by any change to any part of the Project or any sidewalks, streets or improvements nearby the Project. Landlord may, at its election, at any time and without liability to Tenant, change the name of the Project. Notwithstanding anything to the contrary in this Paragraph 36:delayed.

Indemnity and Exemption of Landlord from Liability. Tenant hereby -------------------------------------------------- agrees to indemnify, protect, and hold harmless indemnifies Landlord and its shareholders, officers, directors, agents, property managers, employees, contractors, and the partners comprising Landlord (if any) from and against all Claims (as defined below) and all costs, expenses, and attorneys' fees incurred in the defense or handling of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "Claims" shall mean all liabilities, damages, losses, costs, expenses, attorneys' fees, and claims (except to the extent they result from Landlord's negligent acts or willful misconduct) arising from or which seek to impose liability under or because of (i) Tenant's or Tenant's Invitees' use of the Premises, (ii) the conduct of Tenant's business, (iii) any activity, work, or things done, permitted, or suffered done by Tenant or any of Tenant's Invitees in or about the Premises or elsewhere, (iv) any breach or default in the performance of any obligation to be performed by Tenant under this Lease, and/or (v) any negligence of Tenant or any of Tenant's Invitees. If any action or proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or the partners comprising Landlord (if any) by reason of any such Claims, Tenant upon notice from Landlord shall defend such action or proceeding at Tenant's sole cost by legal counsel reasonably satisfactory to Landlord. Except to the extent caused by Landlord's negligent acts or willful misconductmisconduct (or Landlord's breach of this Lease), Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and Landlord shall not be liable for, any of the matters set forth above in this Paragraph or any of the following: injury to Tenant's business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant's Invitees, or any other persons in, upon, or about the Premises, whether such damage, loss, or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon the Premises, or other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. This Lease shall not be affected or impaired by any change to any part of the Project or any sidewalks, streets or improvements nearby the Project. Landlord may, at its election, at any time and without liability to Tenant, change the name of the Project. Notwithstanding anything The foregoing indemnifications and releases shall not apply to any Claims or other matters to the contrary in this Paragraph 36:extent they are covered by insurance.

Indemnity and Exemption of Landlord from Liability. Tenant hereby -------------------------------------------------- agrees to indemnify, protect, and hold harmless Landlord and its shareholders, officers, directors, agents, property managers, employees, contractors, and the partners comprising Landlord (if any) from and against all Claims (as defined below) and all costs, expenses, and attorneys' ’ fees incurred in the defense or handling of any such Claims or any action or proceeding brought on any of such Claims. For purposes of this Lease, the term "“Claims" ” shall mean all liabilities, damages, losses, costs, expenses, attorneys' ’ fees, and claims (except to the extent they result from Landlord's ’s grossly negligent acts or willful misconduct) arising from or which seek to impose liability under or because of (i) Tenant's ’s or Tenant's ’s Invitees' ’ use of the Premises, (ii) the conduct of Tenant's ’s business, (iii) any activity, work, or things done, permitted, or suffered by Tenant or any of Tenant's ’s Invitees in or about the Premises or elsewhere, (iv) any breach or default in the performance of any obligation to be performed by Tenant under this Lease, and/or (v) any negligence of Tenant or any of Tenant's ’s Invitees. If any action or proceeding is brought against Landlord or its shareholders, officers, directors, agents, property managers, employees, contractors, or the partners comprising Landlord (if any) by reason of any such Claims, Tenant upon notice from Landlord shall defend such action or proceeding at Tenant's ’s sole cost by legal counsel reasonably satisfactory to Landlord. Except to the extent caused by Landlord's ’s grossly negligent acts or willful misconduct, Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and Landlord shall not be liable for, any of the matters set forth above in this Paragraph or any of the following: injury to Tenant's ’s business, loss of income from such business, or damage or injury to the goods, wares, merchandise, or other property or the person of Tenant, Tenant's ’s Invitees, or any other persons in, upon, or about the Premises, whether such damage, loss, or injury is caused by or results from criminal acts, fire, steam, electricity, gas, water, 15 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ rain, the breakage, leakage, obstruction or other defects of pipes, sewer lines, sprinklers, wires, appliances, plumbing, air-conditioning or lighting fixtures, or any other cause, conditions arising upon the Premises, or other sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. This Lease shall not be affected or impaired by any change to any part of the Project or any sidewalks, streets or improvements nearby the Project. Landlord may, at its election, at any time and without liability to Tenant, change the name of the Project. Notwithstanding anything to the contrary in this Paragraph 36:.