Common use of Indemnity and Public Liability Insurance Clause in Contracts

Indemnity and Public Liability Insurance. (a) Tenant shall at all times indemnify Landlord for, defend Landlord against, and save Landlord harmless from, any liability, loss, cost, injury, damage or other expense or risk whatsoever that may occur or be claimed by or with respect to any person(s) or property on or about the Leased Premises and resulting directly or indirectly from the use, misuse, occupancy, possession or unoccupancy of the Leased Premises by Tenant or any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons, or from the condition of the Leased Premises. Tenant shall, at its cost and expense, defend against any and all such actions, claims and demands and shall indemnify Landlord for all costs, expenses and liabilities it may incur in connection therewith. Except for the gross negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors, Landlord shall not in any, event whatsoever be liable for any injury or damage to the Leased Premises or to the Tenant or to any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons or to any property of any such persons, and Tenant shall not make any claim or demand upon or institute any action against the Landlord as a result of such injury or damage. (b) Tenant, at its cost and expense, shall obtain and maintain in force throughout the term of this Lease, comprehensive general liability insurance against any loss, liability or damage on, about or relating to the Leased Premises, with limits of not less than Three Million ($3,000,000.00) Dollars for death or injuries to one person and not less than Five Million ($5,000,000.00) Dollars for death or injuries to two or more persons in one occurrence, and not less than One Million ($1,000,000.00) Dollars for damage to property (all of the foregoing being hereinafter sometimes collectively referred to as the "LIABILITY INSURANCE"). All such Liability Insurance obtained and maintained by Tenant shall name both Landlord and Tenant as the insured parties therein and shall be obtained and maintained from and with a reputable and financially sound insurance company(ies) reasonably acceptable to Landlord, authorized to issue such insurance in the State in which the Leased Premises is located. (c) The policies of insurance required hereunder this Lease shall contain an agreement by the insurer that it will not cancel or modify such policy except after thirty (30) days prior written notice to Landlord and any Mortgagees by certified mail, return receipt requested. Not less than thirty (30) days prior to the expiration of any such insurance policy, Tenant shall deliver to Landlord a certificate evidencing the replacement or renewal thereof. (d) Tenant shall furnish Landlord with duplicate original(s) or original certificates of such insurance policies, including renewal and replacement policies, together with written evidence that the premiums therefor have been paid. It is understood and agreed that said policies may be blanket policies' covering other locations operated by Tenant, its affiliates or subsidiaries, provided that such blanket policies otherwise comply with the provisions of this Section 10. (e) Tenant shall comply, notwithstanding any other provision, with the requirements of any Mortgages relating to the insurance and to the proceeds of insurance maintained and required to be maintained by Tenant pursuant to the provisions of Section 10 and 11 of this Lease.

Indemnity and Public Liability Insurance. (a) Tenant shall at all times indemnify Landlord for, defend Landlord against, and save Landlord harmless from, from any liability, loss, cost, injury, damage or other expense or risk whatsoever that may occur or be claimed by or with respect to any person(s) or property on or about the Leased Premises and resulting directly or indirectly from the use, misuse, occupancy, possession or unoccupancy vacancy of the Leased Premises by Tenant or any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons, or from the condition of the Leased Premises. Tenant shall, at its cost and expense, defend against any and all such actions, claims and demands and shall indemnify Landlord for all reasonable costs, expenses expenses, and liabilities it may incur in connection therewith. Except for the gross negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors, Landlord shall not in any, any event whatsoever be liable for any injury or damage to the Leased Premises or to the Tenant or to any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons or to to, any property of any such persons, and . Tenant shall not make any claim or demand upon or institute any action against the Landlord as a result of such injury or damagedamage unless such injury or damage resulted from Landlord's (or Landlord's employees, agents, contractors, invitees and others who are on the premises at the request or Landlord) negligence or acts or omissions. (b) Tenant, at its cost and expense, shall obtain and maintain in force throughout the term of this Lease, comprehensive general liability insurance against any loss, liability or damage on, about or relating to the Leased Premises, with limits of not less than Three Five Million ($3,000,000.005,000,000.00) Dollars for death or injuries to one person and not less than Five Million ($5,000,000.00) Dollars for death or injuries to two or more persons in one occurrence, and not less than One Two Million Five Hundred Thousand ($1,000,000.002,500,000.00) Dollars for damage to property (all of the foregoing being hereinafter sometimes collectively referred to as the "LIABILITY INSURANCELiability Insurance"). All such Liability Insurance obtained and maintained by Tenant shall name both Landlord Landlord, any Mortgagee and Tenant as the insured parties therein and shall be obtained and maintained from and with a reputable and financially sound insurance company(ies) reasonably acceptable to Landlord, authorized to issue such insurance in the State in which the Leased Premises is locatedCommonwealth of Massachusetts. (c) The policies of insurance required hereunder under this Lease shall contain an agreement by the insurer that it will not cancel or modify such policy except after thirty sixty (3060) days days' prior written notice to Landlord and any Mortgagees mortgagees by certified mail, return receipt requested. Not less than thirty sixty (3060) days prior to the expiration of such any such insurance policy, Tenant shall deliver to Landlord a certificate evidencing the replacement or renewal thereof. (d) Tenant shall furnish Landlord and any Mortgagee with duplicate original(s) originals (or original certificates certificates) of such insurance policies, including renewal and replacement policies, together with written evidence that the premiums therefor have been paid. It is understood and agreed that said policies may be blanket policies' policies covering other locations operated by Tenant, its affiliates or subsidiaries, provided that such blanket policies otherwise comply with the provisions of this Section 10. (e) Tenant shall comply, notwithstanding any other provision, with the requirements of any Mortgages ground lease and any mortgages relating to the insurance and to the proceeds of insurance maintained and required to be maintained by Tenant pursuant to the provisions of Section Sections 10 and 11 of this Lease. (f) All such insurance described in subparagraph (b) of this Section 10 shall: (i) be obtained from and maintained with reputable and financially sound insurance company(ies) acceptable to Landlord and any Mortgagees, authorized to issue such insurance in the Commonwealth of Massachusetts; (ii) be on and/or contain such terms and conditions as shall be satisfactory to Landlord and to any Mortgagees; and (iii) contain an agreement by the insurer that it will not cancel or modify such policy except after sixty (60) days' prior written notice to Landlord and any Mortgagees by certified mail, return receipt requested.

Indemnity and Public Liability Insurance. (a) Tenant shall at all times indemnify Landlord for, defend Landlord against, and save Landlord harmless from, any liability, loss, cost, injury, damage damage, or other expense or risk whatsoever that may occur or be claimed by or with respect to any person(s) or property on or about the Leased Premises and resulting directly or indirectly from the use, misuse, occupancy, possession possession, or unoccupancy of the Leased Premises by Tenant or any concessionaires, subtenants subtenants, or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests guests, or other such persons, or from the condition of the Leased Premises. Tenant shall, at its cost and expense, defend against any and all such actions, claims claims, and demands and shall indemnify Landlord for all costs, expenses expenses, and liabilities it may incur in connection therewith. Except for the gross negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors, Landlord shall not in any, any event whatsoever be liable for any injury or damage to the Leased Premises or to the Tenant or to any concessionaires, subtenants subtenants, or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests guests, or other such persons persons, or to any property of any such persons, and . Tenant shall not make any claim or demand upon upon, or institute any action against against, the Landlord as a result of such injury or damage. (b) Tenant, at its cost and expense, shall obtain and maintain in force throughout the term of this Lease, comprehensive general liability insurance against any loss, liability liability, or damage on, about about, or relating to the Leased Premises, with limits of not less than Three Five Million ($3,000,000.005,000,000.00 ) Dollars for death or injuries to one person and not less than Five Million ($5,000,000.00) Dollars for death or injuries to two or more persons in one occurrence, and not less than One Five Million ($1,000,000.005,000,000.00) Dollars for damage to property (all of the foregoing being hereinafter sometimes collectively referred to as the "LIABILITY INSURANCE"Liability Insurance). All such Liability Insurance obtained and maintained by Tenant shall name both Landlord and Tenant as the insured parties therein and shall be obtained and maintained from and with a reputable and financially sound insurance company(ies) reasonably acceptable to Landlord, authorized to issue such insurance in the State in which the Leased Premises is located. (c) The policies of insurance required hereunder this Lease shall contain an agreement by the insurer that it will not cancel or modify such policy except after thirty (30) days days’ prior written notice to Landlord and any Mortgagees by certified mail, return receipt requested. Not less than thirty (30) days prior to the expiration of any such insurance policy, Tenant shall deliver to Landlord a certificate evidencing the replacement or renewal thereof. (d) Tenant shall furnish Landlord with duplicate original(s) or original certificates certificate(s) of such insurance policies, including renewal and replacement policies, together with written evidence that the premiums therefor have been paid. It is understood and agreed that said policies may be blanket policies' policies covering other locations operated by Tenant, its affiliates affiliates, or subsidiaries, provided that such blanket policies otherwise comply with the provisions of this Section 10. (e) Tenant shall comply, notwithstanding any other provision, with the requirements of any Mortgages relating to the insurance and to the proceeds of insurance maintained and required to be maintained by Tenant pursuant to the provisions of Section 10 and 11 of this Lease.

Indemnity and Public Liability Insurance. (a) Tenant shall at all times indemnify Landlord Landlord, Mortgagee, and Superior Lessor for, defend Landlord Landlord, Mortgagee and Superior Lessor against, and save Landlord and Superior Lessor harmless from, any liability, loss, cost, injury, damage or other expense or risk whatsoever that may occur or be claimed by or with respect to any person(s) or property on or about the Leased Premises and resulting directly or indirectly from the use, misuse, occupancy, possession or unoccupancy of the Leased Premises by Tenant or any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons, or from the condition of the Leased Premises. Tenant shall, at its cost and expense, defend against any and all such actions, claims and demands and shall indemnify Landlord Landlord, Mortgagee and Superior Lessor for all costs, expenses and liabilities it may incur in connection therewith. Except for the gross negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors, Landlord shall not in any, any event whatsoever be liable for any injury or damage to the Leased Premises or to the Tenant or to any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons or to any property of any such persons, and Tenant shall not make any claim or demand upon or institute any action against the Landlord as a result of such injury or damage. (b) Tenant, at its cost and expense, shall obtain and maintain in force throughout the term of this Lease, comprehensive general liability insurance against any loss, liability or damage on, about or relating to the Leased Premises, with limits of not less than Three Million ($3,000,000.00) Dollars for death or injuries to one person and not less than Five Million ($5,000,000.00) Dollars for death or injuries to two or more persons in one occurrence, and not less than One Million ($1,000,000.00) Dollars for damage to property (all of the foregoing being hereinafter sometimes collectively referred to as the "LIABILITY INSURANCELiability Insurance"). All such Liability Insurance obtained and maintained by Tenant shall name both Landlord Landlord, Tenant, Mortgagee, and Tenant Superior Lessor as the insured parties therein and shall be obtained and maintained from and with a reputable and financially sound insurance company(ies) reasonably acceptable to Landlord, authorized to issue such insurance in the State in which the Leased Premises is located. (c) The policies of insurance required hereunder this Lease shall contain an agreement by the insurer that it will not cancel or modify such policy except after thirty (30) days prior written notice to Landlord and any Mortgagees Mortgagee by certified mail, return receipt requested. Not less than thirty (30) days prior to the expiration of any such insurance policy, Tenant shall deliver to Landlord a certificate evidencing the replacement or renewal thereof. (d) Tenant shall furnish Landlord with duplicate original(s) or original certificates of such insurance policies, including renewal and replacement policies, together with written evidence that the premiums therefor have been paid. It is understood and agreed that said policies may be blanket policies' covering other locations operated by Tenant, its affiliates or subsidiaries, provided that such blanket policies otherwise comply with the provisions of this Section 10. (e) Tenant shall comply, notwithstanding any other provision, with the requirements of any Mortgages or Superior Leases relating to the insurance and to the proceeds of insurance maintained and required to be maintained by Tenant pursuant to the provisions of Section 10 and 11 of this Lease.

Indemnity and Public Liability Insurance. (a) Tenant shall at all times indemnify Landlord for, defend Landlord against, and save Landlord harmless from, any liability, loss, cost, injury, damage damage, or other expense or risk whatsoever that may occur or be claimed by or with respect to any person(s) or property on or about the Leased Premises and resulting directly or indirectly from the use, misuse, occupancy, possession possession, or unoccupancy of the Leased Premises by Tenant or any concessionaires, subtenants subtenants, or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests guests, or other such persons, or from the condition of the Leased Premises. Tenant shall, at its cost and expense, defend against any and all such actions, claims claims, and demands and shall indemnify Landlord for all costs, expenses expenses, and liabilities it may incur in connection therewith. Except for the gross negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors, Landlord shall not in any, any event whatsoever be liable for any injury or damage to the Leased Premises or to the Tenant or to any concessionaires, subtenants subtenants, or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests guests, or other such persons persons, or to any property of any such persons, and . Tenant shall not make any claim or demand upon upon, or institute any action against against, the Landlord as a result of such injury or damage. (b) Tenant, at its cost and expense, shall obtain and maintain in force throughout the term of this Lease, comprehensive general liability insurance against any loss, liability liability, or damage on, about about, or relating to the Leased Premises, with limits of not less than Three Five Million ($3,000,000.005,000,000.00) Dollars for death or injuries to one person and not less than Five Million ($5,000,000.00) Dollars for death or injuries to two or more persons in one occurrence, and not less than One Five Million ($1,000,000.005,000,000.00) Dollars for damage to property (all of the foregoing being hereinafter sometimes collectively referred to as the "LIABILITY INSURANCE"Liability Insurance). All such Liability Insurance obtained and maintained by Tenant shall name both Landlord and Tenant as the insured parties therein and shall be obtained and maintained from and with a reputable and financially sound insurance company(ies) reasonably acceptable to Landlord, authorized to issue such insurance in the State in which the Leased Premises is located. (c) The policies of insurance required hereunder this Lease shall contain an agreement by the insurer that it will not cancel or modify such policy except after thirty (30) days days' prior written notice to Landlord and any Mortgagees by certified mail, return receipt requested. Not less than thirty (30) days prior to the expiration of any such insurance policy, Tenant shall deliver to Landlord a certificate evidencing the replacement or renewal thereof. (d) Tenant shall furnish Landlord with duplicate original(s) or original certificates certificate(s) of such insurance policies, including renewal and replacement policies, together with written evidence that the premiums therefor have been paid. It is understood and agreed that said policies may be blanket policies' policies covering other locations operated by Tenant, its affiliates affiliates, or subsidiaries, provided that such blanket policies otherwise comply with the provisions of this Section 10. (e) Tenant shall comply, notwithstanding any other provision, with the requirements of any Mortgages relating to the insurance and to the proceeds of insurance maintained and required to be maintained by Tenant pursuant to the provisions of Section 10 and 11 of this Lease.

Indemnity and Public Liability Insurance. (a) Tenant shall at all times indemnify Landlord for, defend Landlord against, and save Landlord harmless fromand indemnified from and against all injury (including death) to any person and loss of, or damage to, any liabilityproperty while on the Premises or arising (directly or indirectly) out of or in connection with the possession, lossuse, costoccupation or control of the Premises, injury, damage or other expense or risk whatsoever that may occur or be claimed by or with respect and from and against all injury (including death) to any person(s) person, or loss of, or damage to, any property on anywhere occasioned, or about the Leased Premises and resulting directly claimed to have been occasioned, by any act, neglect or indirectly from the use, misuse, occupancy, possession or unoccupancy default of the Leased Premises by Tenant or any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective its agents, employees, licensees, invitees, guests licensees or other such persons, or from the condition of the Leased Premisescontractors. Tenant shall, at its cost This hold harmless and expense, defend indemnity agreement shall include indemnity against any and all such actions, claims and demands and shall indemnify Landlord for all costs, expenses and liabilities it may incur incurred in connection therewith. Except for the gross negligence or willful misconduct of Landlord or Landlord's employeeswith any such injury, agents or contractors, Landlord shall not in any, event whatsoever be liable for any injury loss or damage to the Leased Premises or to the Tenant or to any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons or to any property in defense of any such persons, and Tenant shall not make any claim or demand upon claims on account thereof, and shall include without limitation indemnity against claims, suits, or institute any action against the Landlord as a result proceedings brought by or on behalf of such injury or damage. (b) employees of Tenant, at its cost and expense, shall obtain and maintain in force throughout the term Tenant hereby waiving for purposes of this Lease, comprehensive general indemnity any immunity under the Workers’ Compensation Acts. Tenant shall maintain with respect to the Premises public liability insurance against any loss, liability or damage on, about or relating to the Leased Premises, with limits combined single limit coverage of not less than Three Million Dollars ($3,000,000.00) Dollars for injury to, or death of, one or injuries to one person more persons, in a single accident or occurrence, and property damage insurance in an amount not less than Five Million Hundred Thousand Dollars ($5,000,000.00500,000.00) Dollars for death in companies qualified to do business in the State of Maine, insuring Landlord and any designee of Landlord as well as Tenant against all injury to persons or injuries to two or more persons in one occurrence, and not less than One Million ($1,000,000.00) Dollars for damage to property (as herein provided, all of said policies to .be written on an occurrence basis. in no event shall the foregoing being hereinafter sometimes collectively referred to limits of said policies be considered as limiting the "LIABILITY INSURANCE")liability of Tenant under this Lease. All such Liability Insurance obtained and maintained by Tenant shall name both deposit with Landlord and Tenant as the insured parties therein and shall be obtained and maintained from and with a reputable and financially sound insurance company(ies) reasonably acceptable to Landlord, authorized to issue certificates of such insurance in and certificates of the State in which the Leased Premises is located. (c) The policies of fire and casualty insurance required hereunder this Lease shall contain an agreement by Section 17 below on or before the insurer that it will not cancel or modify such policy except after thirty Commencement Date, and thereafter within ten (30) days prior written notice to Landlord and any Mortgagees by certified mail, return receipt requested. Not less than thirty (3010) days prior to the expiration of any such insurance policy, Tenant shall deliver to Landlord a certificate evidencing the replacement or renewal thereof. (d) Tenant shall furnish Landlord with duplicate original(s) or original certificates of such applicable insurance policies, including renewal and replacement policies, together with written evidence . Such policies shall provide that the premiums therefor have been paid. It is understood and agreed that said policies may not be blanket policies' covering other locations operated by Tenant, its affiliates cancelled or subsidiaries, provided that such blanket policies otherwise comply with the provisions of this Section materially changed without at least ten (10) days’ prior written notice to each assured. (e) Tenant shall comply, notwithstanding any other provision, with the requirements of any Mortgages relating to the insurance and to the proceeds of insurance maintained and required to be maintained by Tenant pursuant to the provisions of Section 10 and 11 of this Lease.

Indemnity and Public Liability Insurance. (a) Tenant SECTION 1. The Lessee shall at all times indemnify Landlord for, defend Landlord againstassume exclusive control of the demised premises, and all tort liabilities with respect to the control or occupancy thereof and shall save Landlord the Lessor harmless from, any liabilityand indemnified from all injury, loss, cost, injury, claims or damage or other expense or risk whatsoever that may occur or be claimed by or with respect of whatever nature to any person(s) person or property on in or about the Leased Premises and resulting directly demised premises, the Building and/or the Land, arising from any act, omission or indirectly from the use, misuse, occupancy, possession or unoccupancy negligence of the Leased Premises by Tenant Lessee or any concessionaires, Lessee's subtenants or other persons claiming through concessionaires or under Tenantthe employees, or their respective agents, employeescontractors, suppliers, licensees, invitees, guests or customers of any of the foregoing or otherwise resulting from Lessee's use, maintenance and occupancy of the demised premises or any thing or facility kept or used thereon. Upon request of Lessor, the Lessee shall take over Lessor's defense in any action related to such matter for which Lessee has agreed to indemnify Lessor. SECTION 2. Lessee agrees to maintain in full force during the term hereof and any extensions thereof a policy of public liability and property damage insurance under which the Lessor (and such other persons as are in privity of estate with Lessor as may be set out in notice from the Lessor from time to time) and Lessee are named as insureds, and under which the insurer agrees to indemnify and hold Lessor and those in privity of estate with Lessor harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries, and damages mentioned in Section 1 of this Article VIII. Each such personspolicy shall be non-cancellable with respect to the Lessor and Lessor's said designees without thirty (30) days' prior written notice to Lessor, and a duplicate original or certificate thereof shall be delivered to Lessor. The minimum limits of liability of such insurance shall be Three Million Dollars ($3,000,000) for injury (or death) to any one person, and Three Million Dollars ($3,000,000) for injury (or death) to more than one person, and Three Million Dollars ($3,000,000) with respect to damage to property. SECTION 3. Neither the Lessor nor any agent or employee of the Lessor shall be liable for any loss or damage to the person or property of the Lessee, or of any subtenant, or concessionaire, or of any employee, customer, licensee, invitee, contractor or supplier, or guest of any of the foregoing. Without in any way limiting the generality of the foregoing, Lessor, its agents or employees shall not be liable for any such damage resulting: (a) from the interruption to business resulting from theft, fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow or leaks from any part of said demised premises, or from the condition of the Leased Premises. Tenant shallpipes, at its cost and expense, defend against appliances or plumbing or from dampness or any and all such actions, claims and demands and shall indemnify Landlord for all costs, expenses and liabilities it may incur in connection therewith. Except for the gross negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors, Landlord shall not in any, event whatsoever be liable for any injury or damage to the Leased Premises or to the Tenant or to any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons or to any property of any such persons, and Tenant shall not make any claim or demand upon or institute any action against the Landlord as a result of such injury or damage.cause; (b) Tenantfrom any hidden defect in, at its cost and expenseunder or upon the demised premises, shall obtain and maintain in force throughout the term of this Lease, comprehensive general liability insurance against any loss, liability Building or damage on, about or relating to the Leased Premises, with limits of not less than Three Million ($3,000,000.00) Dollars for death or injuries to one person and not less than Five Million ($5,000,000.00) Dollars for death or injuries to two or more persons in one occurrence, and not less than One Million ($1,000,000.00) Dollars for damage to property (all of the foregoing being hereinafter sometimes collectively referred to as the "LIABILITY INSURANCE"). All such Liability Insurance obtained and maintained by Tenant shall name both Landlord and Tenant as the insured parties therein and shall be obtained and maintained from and with a reputable and financially sound insurance company(ies) reasonably acceptable to Landlord, authorized to issue such insurance in the State in which the Leased Premises is located.Land; and/or (c) The policies from acts or omissions of insurance required hereunder persons occupying adjacent premises or otherwise entitled to use the Building and/or Land. SECTION 4. Lessor shall not be liable to Lessee for any compensation or reduction of rent by reason of inconvenience or annoyance or for loss of business arising from power losses or shortages or from the necessity of Lessor's entering the demised premises for any of the purposes in this Lease authorized or for repairing the demised premises or any portions of the Building or Land in accordance herewith, nor shall contain an agreement by any such entry, interruption or similar event give rise to a claim in Lessee's favor that such event constitutes actual or constructive, total or partial, eviction from the insurer demised premises, provided however, that it will not cancel to the extent that any such entry or modify such policy except after interruption materially impairs Lessee's operations at the demised premises for the Permitted Uses for a period in excess of thirty (30) days prior written notice days, then Lessee shall be entitled to Landlord and any Mortgagees a rent abatement in proportion to the reduction in fair market rental value of the Premises occasioned by certified mail, return receipt requested. Not less than such entry or interruption for that period of time after said thirty (30) days prior to day period during which the expiration of any such insurance policy, Tenant shall deliver to Landlord a certificate evidencing the replacement entry or renewal thereofinterruption continues. (d) Tenant shall furnish Landlord with duplicate original(s) or original certificates of such insurance policies, including renewal and replacement policies, together with written evidence that the premiums therefor have been paid. It is understood and agreed that said policies may be blanket policies' covering other locations operated by Tenant, its affiliates or subsidiaries, provided that such blanket policies otherwise comply with the provisions of this Section 10. (e) Tenant shall comply, notwithstanding any other provision, with the requirements of any Mortgages relating to the insurance and to the proceeds of insurance maintained and required to be maintained by Tenant pursuant to the provisions of Section 10 and 11 of this Lease.

Indemnity and Public Liability Insurance. (a) Tenant shall at all times indemnify Landlord Landlord, Mortgagee, and Superior Lessor for, defend Landlord Landlord, Mortgagee and Superior Lessor against, and save Landlord and Superior Lessor harmless from, any liability, loss, cost, injury, damage or other expense or risk whatsoever that may occur or be claimed by or with respect to any person(s) or property on or about the Leased Premises and resulting directly or indirectly from the use, misuse, occupancy, possession or unoccupancy of the Leased Premises by Tenant or any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons, or from the condition of the Leased Premises. Tenant shall, at its cost and expense, defend against any and all such actions, claims and demands and shall indemnify Landlord Landlord, Mortgagee and Superior Lessor for all costs, expenses and liabilities it may incur in connection therewith. Except for the gross negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors, Landlord shall not in any, any event whatsoever be liable for any injury or damage to the Leased Premises or to the Tenant or to any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons or to any property of any such persons, and Tenant shall not make any claim or demand upon or institute any action against the Landlord as a result of such injury or damage. (b) Tenant, at its cost and expense, shall obtain and maintain in force throughout the term of this Lease, comprehensive general liability insurance against any loss, liability or damage on, about or relating to the Leased Premises, with limits of not less than Three Million ($3,000,000.00) Dollars for death or injuries to one person and not less than Five Million ($5,000,000.00) Dollars for death or injuries to two or more persons in one occurrence, and not less than One Million ($1,000,000.00) Dollars for damage to property (all of the foregoing being hereinafter sometimes collectively referred to as the "LIABILITY INSURANCE")) . All such Liability Insurance obtained and maintained by Tenant shall name both Landlord Landlord, Tenant, Mortgagee, and Tenant Superior Lessor as the insured parties therein and shall be obtained and maintained from and with a reputable and financially sound insurance company(ies) reasonably acceptable to Landlord, authorized to issue such insurance in the State in which the Leased Premises is located. (c) The policies of insurance required hereunder this Lease shall contain an agreement by the insurer that it will not cancel or modify such policy except after thirty (30) days prior written notice to Landlord and any Mortgagees Mortgagee by certified mail, return receipt requested. Not less than thirty (30) days prior to the expiration of any such insurance policy, Tenant shall deliver to Landlord a certificate evidencing the replacement or renewal thereof. (d) Tenant shall furnish Landlord with duplicate original(s) or original certificates of such insurance policies, including renewal and replacement policies, together with written evidence that the premiums therefor have been paid. It is understood and agreed that said policies may be blanket policies' covering other locations operated by Tenant, its affiliates or subsidiaries, provided that such blanket policies otherwise comply with the provisions of this Section 10. (e) Tenant shall comply, notwithstanding any other provision, with the requirements of any Mortgages or Superior Leases relating to the insurance and to the proceeds of insurance maintained and required to be maintained by Tenant pursuant to the provisions of Section 10 and 11 of this Lease.

Indemnity and Public Liability Insurance. (a) Tenant shall at all times indemnify Landlord for, defend Landlord against, and save Landlord harmless from, any liability, loss, cost, injury, damage or other expense or risk whatsoever that may occur or be claimed by or with respect to any person(s) or property on or about the Leased Premises and resulting directly or indirectly from the use, misuse, occupancy, possession or unoccupancy of the Leased Premises by Tenant or any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons, or from the condition conditions of the Leased Premises. Tenant shall, at its cost and expense, defend Landlord from and against any and all such actions, claims and demands and shall indemnify Landlord for all costs, expenses and liabilities it may incur in connection therewith. Except for the gross negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors, Landlord shall not in any, any event whatsoever be liable for any injury or damage to the Leased Premises or to the Tenant or to any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons or to any property of any such persons, and unless in any such case the same shall arise from Landlord's gross negligence. Tenant shall not make any claim or demand upon or institute any action against the Landlord as a result of such injury or damage. (b) Tenant, at its cost and expense, shall obtain and maintain in force throughout the term of this Lease, comprehensive general liability insurance against any loss, liability or damage on, about or relating to the Leased Premises, with limits of not less than Three One Million ($3,000,000.001,000,000.00) Dollars for death or injuries to one person and not less than Five Million ($5,000,000.00) Dollars for death or injuries to two or more persons in one occurrence, and not less than One Million ($1,000,000.00) Dollars for damage to property (all of the foregoing being hereinafter sometimes collectively referred to as the "LIABILITY INSURANCE")property. All Any such Liability Insurance insurance obtained and maintained by Tenant shall name both Landlord and Tenant as the insured parties therein and shall be obtained and maintained from and with a reputable and financially sound insurance company(ies) reasonably acceptable to Landlord, authorized to issue such insurance in the State in which the Leased Premises is locatedof New York. (c) The policies of insurance required hereunder this Lease shall contain an agreement by the insurer that it will not cancel or modify such policy except after thirty (30) days prior written notice to Landlord and any Mortgagees by certified mail, return receipt requested. Not less than thirty (30) days prior to the expiration of any such insurance policy, Tenant shall deliver to Landlord a certificate evidencing the replacement or renewal thereof. (d) Tenant shall furnish Landlord with duplicate original(s) or original certificates certificate(s) of such insurance policies, including renewal and replacement policies, together with written evidence that the premiums therefor have been paid. It is understood and agreed that said policies may be blanket policies' policies covering other locations operated by Tenant, its affiliates or subsidiaries, provided that such blanket policies specifically identify the Leased Premises and otherwise comply with the provisions provision of this Section 10. (e) Subject to the provision of this Lease, Tenant shall comply, notwithstanding any other provision, comply with the requirements of any Mortgages relating to the insurance and to the proceeds of insurance maintained and required to be maintained by Tenant pursuant to the provisions of Section 10 and 11 of this Lease.

Indemnity and Public Liability Insurance. (a) Tenant shall at all times will indemnify and hold harmless Landlord forfrom and against any loss, defend Landlord againstdamage, and save Landlord harmless from, any liability, lossclaim, cost, injury, damage cost or other expense or risk whatsoever that may occur or be claimed (including reasonable attorneys' fees) incurred by or with respect to claimed against Landlord occasioned by or resulting from any person(s) or property on or about the Leased Premises and resulting directly or indirectly from the use, misuse, occupancy, possession or unoccupancy default of the Leased Premises by Tenant hereunder or any concessionaires, subtenants act or other persons claiming through or under omission on the part of Tenant, or their respective its agents, employees, licensees, invitees, guests or other such persons, invitees or arising from the condition or in connection with Xxxxxx's use or occupancy of the Leased Premises. Tenant shalldemised premises or which relates to the business of Tenant, at its cost and expense, defend against any and all such actions, claims and demands and shall indemnify Landlord for all costs, expenses and liabilities it may incur in connection therewith. Except for except to the gross extent due to the negligence or willful misconduct of Landlord or Landlord's employeesemployees or agents. Notwithstanding the foregoing, agents or contractors, Landlord Tenant shall not in anybe liable to Landlord for any loss or damage to personal property or injury to persons, event whatsoever whether or not the result of any act or omission of Tenant, to the extent that Landlord is compensated therefor by Xxxxxxxx's insurance. The preceding sentence shall not constitute a waiver of any subrogation rights of Landlord's insurer. Tenant shall not be liable for any injury interruption or damage loss to the Leased Premises or to the Landlord's business from any cause. Tenant or to any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons or to any property of any such persons, and Tenant shall not make any claim or demand upon or institute any action against the Landlord as a result of such injury or damage. (b) Tenant, at its cost and expense, shall obtain and maintain in force throughout effect at all times during the term of this LeaseLease a policy of comprehensive public liability insurance, comprehensive general liability insurance naming Landlord and any mortgagee of the Building as additional insureds, protecting Landlord, Tenant and any such mortgagee against any lossliability for bodily injury, liability death or property damage onoccurring upon, in or about any part of the Building, the grounds, or relating the demised premises arising from any of the items set forth in this Article against which Tenant is required to indemnify Landlord, with such policies to afford protection (i) with respect to bodily injury or death to the Leased Premises, with limits limit of not less than One Million Dollars ($1,000,000) to any one person and to the limit of not less than Three Million Dollars ($3,000,000.003,000,000) Dollars for death or injuries with respect to any one person accident, and (ii) with respect to damage to the property of any one owner to the limit of not less than Five Million Hundred Thousand Dollars ($5,000,000.00) Dollars for death or injuries to two or more persons in one occurrence, and not less than One Million ($1,000,000.00) Dollars for damage to property (all of the foregoing being hereinafter sometimes collectively referred to as the "LIABILITY INSURANCE"500,000). All such Liability Insurance obtained and maintained by Tenant shall name both Landlord and Tenant as the insured parties therein and Such insurance policies shall be obtained and maintained from and with a reputable and financially sound issued by responsible insurance company(ies) reasonably acceptable companies licensed to Landlord, authorized to issue do business in the District of Columbia. A certificate of insurance evidencing the issuance of such insurance in policy, together with evidence of payment of premiums thereon, shall be delivered to Landlord upon Landlord's written request prior to the State in which the Leased Premises is located. (c) The policies of insurance required hereunder this Lease shall contain an agreement by the insurer that it will not cancel or modify such policy except after Commencement Date and at least thirty (30) days prior written notice to Landlord and any Mortgagees by certified mail, return receipt requested. Not less than thirty (30) days prior to before the expiration date of any such insurance policy, Tenant shall deliver to Landlord policy evidenced by a certificate evidencing previously furnished. Neither the replacement or renewal thereof. (d) Tenant shall furnish Landlord with duplicate original(s) or original certificates of such insurance policies, including renewal and replacement policies, together with written evidence that the premiums therefor have been paid. It is understood and agreed that said policies may be blanket policies' covering other locations operated by Tenant, its affiliates or subsidiaries, provided that such blanket policies otherwise comply with the provisions of this Section 10. (e) Tenant shall comply, notwithstanding any other provision, with the requirements issuance of any Mortgages relating insurance policy required under this Lease, nor the minimum limits specified herein with respect to the Tenant's insurance and coverage, shall be deemed to the proceeds of insurance maintained and required to be maintained by Tenant pursuant to the provisions of Section 10 and 11 limit or restrict in any way Tenant's liability arising under or out of this Lease. Landlord shall maintain in effect at all times property and liability insurance policies providing a commercially reasonable level of insurance commensurate with a first-class office building.

Indemnity and Public Liability Insurance. (a) Landlord, shall not be liable to Tenant shall at all times indemnify Landlord or Tenant's employees, agents, patrons or visitors, or to any other person whomsoever, for, defend Landlord against, and save Landlord harmless from, any liability, loss, cost, injury, injury to person or damage or other expense or risk whatsoever that may occur or be claimed by or with respect to any person(s) or property on or about the Leased Premises and resulting directly premises caused by the negligence or indirectly from misconduct of Tenant, its agents, servants or employees, or of any other person entering upon the use, misuse, occupancy, possession premises under express or unoccupancy implied invitation of the Leased Premises by Tenant or any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such personscaused by the buildings and improvements located on the premises becoming out of repair, or caused by leakage of gas, oil, water or steam or by electricity emanating from the condition of the Leased Premises. premises, or due to any cause whatsoever, and Tenant shall, at its cost and expense, defend against any and all such actions, claims and demands and shall agrees to indemnify Landlord for all costsand hold it harmless from any loss, expenses and liabilities it may incur in connection therewith. Except for the gross negligence or willful misconduct of Landlord or Landlordclaims including attorney's employeesfees, agents or contractors, Landlord shall not in any, event whatsoever be liable for any injury or damage to the Leased Premises or to the Tenant or to any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons or to any property arising out of any such persons, and Tenant shall not make any claim damage or demand upon injury; except injury to persons or institute any action against negligence of the Landlord as a result of such injury or damageLandlord. (b) Tenant, at its cost and expense, Tenant shall obtain procure and maintain in force throughout the term of this Leaselease a policy or policies of insurance, comprehensive general liability insurance at its sole cost and expense, insuring both Landlord and Tenant against any lossall claims, liability demands, or damage onactions arising out of or in connection with: (i) the premises; (ii) the condition of the premises, about the limits of such policy or relating policies to be in the Leased Premises, with limits amount of not less than Three Million ($3,000,000.00) Dollars for death or injuries to one 300,000 per person and $1,000,000 per occurrence in respect of injury to persons (including death), and in the amount of not less than Five Million ($5,000,000.00) Dollars for death or injuries to two or more persons 50,000 per occurrence in one occurrence, and not less than One Million ($1,000,000.00) Dollars for damage respect to property (all damage or destruction, including loss of the foregoing being hereinafter sometimes collectively referred to as the "LIABILITY INSURANCE")use thereof. All such Liability Insurance obtained and maintained policies, shall be procured by Tenant shall name both Landlord and Tenant as the insured parties therein and from responsible insurance companies satisfactory to Landlord. Certified copies of such policies, together with receipt evidencing of premiums therefor, shall be obtained and maintained from and with a reputable and financially sound insurance company(ies) reasonably acceptable delivered to Landlord, authorized payment Landlord prior to issue such insurance in the State in which the Leased Premises is located. commencement date of this lease. Not less than fifteen (c) The policies of insurance required hereunder this Lease shall contain an agreement by the insurer that it will not cancel or modify such policy except after thirty (3015) days prior written notice to Landlord and the expiration date of any Mortgagees by such policies, certified mail, return receipt requestedcopies of the renewals thereof (bearing notations evidencing the payment of renewal premiums) shall be delivered to Landlord. Not Such policies shall further provide that no less than thirty (30) days prior to the expiration of any such insurance policy, Tenant written notice shall deliver be given to Landlord a certificate evidencing the replacement before such policy may be canceled or renewal thereofchanged to reduce insurance provided thereby. (dc) If Tenant shall furnish Landlord with duplicate original(s) or original certificates of such insurance policies, including renewal and replacement policies, together with written evidence that the premiums therefor have been paid. It is understood and agreed that said policies may be blanket policies' covering other locations operated by Tenant, its affiliates or subsidiaries, provided that such blanket policies otherwise should fail to comply with the provisions of this Section 10. (e) foregoing requirements relating to insurance, Landlord may obtain such insurance, and Tenant shall complypay to Landlord on demand, notwithstanding any other provisionas additional rental hereunder, with the requirements premium cost thereof plus interest at the rate of any Mortgages relating to ten percent (10%) per annum from the insurance and to the proceeds date of insurance maintained and required to be maintained payment by Tenant pursuant to the provisions of Section 10 and 11 of this LeaseLandlord until repaid by Tenant.

Indemnity and Public Liability Insurance. (a) Tenant shall at all times indemnify Landlord for, defend Landlord against, and save Landlord harmless from, any liability, loss, cost, injury, damage or other expense or risk whatsoever that may occur or be claimed by or with respect to any person(s) or property on or about the Leased Premises and resulting directly or indirectly from the use, misuse, occupancy, possession or unoccupancy of the Leased Premises by Tenant or any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons, or from the condition of the Leased Premises. Tenant shall, at its cost and expense, defend against any and all such actions, claims and demands and shall indemnify Landlord for all costs, expenses and liabilities it may incur in connection therewith. Except for the gross negligence or willful misconduct of Landlord or Landlord's employees, agents or contractors, Landlord shall not in any, event whatsoever be liable for any injury or damage to the Leased Premises or to the Tenant or to any concessionaires, subtenants or other persons claiming through or under Tenant, or their respective agents, employees, licensees, invitees, guests or other such persons or to any property of any such persons, and Tenant shall not make any claim or demand upon or institute any action against the Landlord as a result of such injury or damage. (b) Tenant, at its cost and expense, shall obtain and maintain in force throughout the term of this Lease, comprehensive general liability insurance against any loss, liability or damage on, about or relating to the Leased Premises, with limits of not less than Three Million ($3,000,000.00) Dollars for death or injuries to one person and not less than Five Million ($5,000,000.00) Dollars for death or injuries to two or more persons in one occurrence, and not less than One Million ($1,000,000.00) Dollars for damage to property (all of the foregoing being hereinafter sometimes collectively referred to as the "LIABILITY INSURANCELiability Insurance"). All such Liability Insurance obtained and maintained by Tenant shall name both Landlord and Tenant as the insured parties therein and shall be obtained and maintained from and with a reputable and financially sound insurance company(ies) reasonably acceptable to Landlord, authorized to issue such insurance in the State in which the Leased Premises is located. (c) The policies of insurance required hereunder this Lease shall contain an agreement by the insurer that it will not cancel or modify such policy except after thirty (30) days prior written notice to Landlord and any Mortgagees by certified mail, return receipt requested. Not less than thirty (30) days prior to the expiration of any such insurance policy, Tenant shall deliver to Landlord a certificate evidencing the replacement or renewal thereof. (d) Tenant shall furnish Landlord with duplicate original(s) or original certificates of such insurance policies, including renewal and replacement policies, together with written evidence that the premiums therefor have been paid. It is understood and agreed that said policies may be blanket policies' covering other locations operated by Tenant, its affiliates or subsidiaries, provided that such blanket policies otherwise comply with the provisions of this Section 10. (e) Tenant shall comply, notwithstanding any other provision, with the requirements of any Mortgages relating to the insurance and to the proceeds of insurance maintained and required to be maintained by Tenant pursuant to the provisions of Section 10 and 11 of this Lease.