Common use of Indemnity and Public Liability Clause in Contracts

Indemnity and Public Liability. Lessee covenants to save Lessor harmless from all loss, liability, cost, expense or damages that Lessor may incur or which may be claimed with respect to any person or persons, corporation, or property on or about the Premises or resulting from any act done or omission by or through the Lessee, its agents, employees, invitees, or any person on the Premises by reason of Lessee’s use. Notwithstanding the foregoing, Lessee shall have no obligation to save Lessor harmless from any loss, liability, cost or expense arising from Lessor’s sole or partial negligence. Lessor covenants to save Lessee harmless from all loss, liability, cost, expense or damages that Lessee may incur or which may be claimed with respect to any person or persons, corporation, or property on or about the Premises or resulting from any act done or omission by or through the Lessor, its agents, employees, invitees, or any person on the Premises by reason of Lessor’s ownership or use. Notwithstanding the foregoing, Lessor shall have no obligation to save Lessee harmless from any loss, liability, cost or expense arising from Lessee’s sole or partial negligence. Lessee further covenants and agrees to maintain at all times, during the Term of this Lease, comprehensive public liability insurance reasonably satisfactory to Lessor, protecting and Indemnifying Lessor in an amount of not less than One Million Dollars ($1,000,000), combined single limit for bodily injury or property damage. Lessee further covenants and agrees that it shall keep the Premises insured for the benefit of Lessor in an amount equivalent to the full replacement value thereof (excluding foundation, grading and excavation costs) against: (a) loss or damage by fire; and (b) such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the Building, including, but without limiting the generality of the foregoing, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion, and such other coverage as may be deemed necessary by Lessor. The insurance required to be provided by Lessee under this Lease may be provided in the form of a blanket policy. Any insurance policy required to be carried by Lessee hereunder shall name Lessor as an additional insured and provide that such policy shall not be canceled without at least fifteen (15) days’ prior notice to Lessor. During the construction of Lessor’s Improvements, Lessor covenants and agrees to maintain at all times the following insurance: (i) Builder’s Risk Insurance on an “all risks” basis for 100% of the insurable value of all construction work in place or in progress from time to time, insuring the Project, including materials in storage and while in transit, against loss or damage by fire or other casualty, with extended coverage, “X”, “C” and “U” coverage, vandalism and malicious mischief coverage, bearing a replacement cost agreed amount endorsement; (ii) comprehensive general liability insurance in an amount not less than $1,000,000; and (iii) employer’s Liability Insurance. During the construction of Lessor’s Improvements, Lessor agrees that such policy or policies of insurance shall contain a waiver of subrogation clause as to Lessee and Lessor waives, releases and discharges Lessee from all claims or demands whatsoever which Lessor may have or acquire arising out of damage to or destruction of the Premises or loss of use thereof occasioned by fire or other casualty, which such claim or demand may arise because of the negligence or fault of Lessee, its agents, employees, customers or business invitees, or otherwise, and Lessor agrees to look to the insurance coverage only in the event of such loss. Notwithstanding the foregoing, Lessee shall be obligated to pay the rental called for hereunder in the event of damage to or destruction of the Premises if such damage or destruction is occasioned by the negligence or fault of Lessee, its agents or employees. Insurance premiums paid therein shall not be a portion of the Additional Rent described in Article 5 hereof.

Indemnity and Public Liability. Lessee covenants at all times to save Lessor harmless from any and all loss, liability, cost, expense or damages damage that Lessor may incur occur or which may be claimed with respect to any person or persons, corporationlegal entity, property, or property chattels on or about the Premises Premises, the Building or the Park resulting from any act done or omission by or through the Lessee, its agents, employees, contractors, invitees, or any person on the Premises arising by reason of Lessee’s use. Notwithstanding use or occupancy of the Premises, resulting from Lessee’s nonuse or possession of the Premises or arising in connection with the performance of the Lessee’s Work, together with any or all loss, cost, liability, or expense resulting from any of the foregoing, Lessee shall have no obligation to save Lessor harmless from any loss, liability, cost or expense arising from Lessor’s sole or partial negligence. Lessor covenants to save Lessee harmless from all provided that such loss, liability, cost, expense or damages that Lessee may incur or which may be claimed with respect to any person or persons, corporation, or property on or about damage is not the Premises or resulting from any act done or omission by or through the Lessor, its agents, employees, invitees, or any person on the Premises by reason result of Lessor’s ownership gross negligence or usewillful misconduct. Notwithstanding the foregoing, Lessor shall have no obligation Lessee further covenants and agrees at all times to save Lessee harmless from any loss, liability, cost or expense arising from Lessee’s sole or partial negligencemaintain said Premises in a safe and careful manner. Lessee further covenants and agrees to maintain at all times, during the Term of this LeaseLease Term, comprehensive public liability insurance reasonably with a responsible insurance company licensed to do business in the State of Georgia and satisfactory to LessorLessor in its sole discretion, properly protecting and Indemnifying indemnifying Lessor in an amount of not less than One Million Dollars ($1,000,000)3,000,000.00 for injury to or death of any one person, combined single limit $3,000,000.00 for bodily injury to or property damage. Lessee further covenants and agrees that it shall keep the Premises insured for the benefit death of Lessor in an amount equivalent to the full replacement value thereof (excluding foundation, grading and excavation costs) against: (a) loss any two or damage by fire; and (b) such other risk or risks more persons arising out of a similar or dissimilar nature as are now, or may in the future be, customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the Building, including, but without limiting the generality of the foregoing, windstorms, hail, explosion, vandalism, malicious mischief, civil commotionany one occurrence, and such other coverage as may be deemed necessary by Lessor. The insurance required to be provided by Lessee under this Lease may be provided in the form of a blanket policy. Any insurance policy required to be carried by Lessee hereunder shall name Lessor as an additional insured and provide that such policy shall not be canceled without at least fifteen (15) days’ prior notice to Lessor. During the construction of Lessor’s Improvements, Lessor covenants and agrees to maintain at all times the following insurance: (i) Builder’s Risk Insurance on an “all risks” basis for 100% of the insurable value of all construction work in place or in progress from time to time, insuring the Project, including materials in storage and while in transit, against loss or damage by fire or other casualty, with extended coverage, “X”, “C” and “U” coverage, vandalism and malicious mischief coverage, bearing a replacement cost agreed amount endorsement; (ii) comprehensive general liability insurance in an amount not less than $1,000,000; and (iii) employer’s Liability Insurance3,000,000.00 for property damages. During the construction of Lessor’s Improvements, Lessor agrees that such Such policy or policies shall name Lessor (and, at Lessor’s request, any lender to Lessor) as an additional insured, and shall be noncancellable except after ten (10) day’s notice in writing to Lessor or Lessor’s designees. Lessee shall furnish Lessor with a certificate or certificates of insurance, on ACCORD form 27 or equivalent, conforming that such insurance is so maintained by Lessee prior to beginning occupancy hereunder. The indemnity provided for in this Section shall contain a waiver survive the expiration or termination of subrogation clause this Lease. Subject to Lessor’s prior consent as to set forth in Section 6 hereof and the further provisions set forth therein, Lessee and Lessor waivesshall have the option, releases and discharges Lessee from all claims either alone or demands whatsoever which Lessor may have or acquire arising out of damage to or destruction of the Premises or loss of use thereof occasioned by fire or other casualtyin conjunction with Citigroup, which such claim or demand may arise because of the negligence or fault of Lessee, its agents, employees, customers or business invitees’s ultimate parent corporation, or otherwiseany subsidiaries or affiliates of Citigroup, and Lessor agrees to look to maintain Self Insurance, as defined in Section 6, provided the same does not thereby decrease the insurance coverage only or limits sets forth in the event of such lossthis Section 14. Notwithstanding the foregoing, Lessee Any Self Insurance shall be obligated deemed to pay the rental called for hereunder in the event of damage to or destruction contain all of the Premises if terms and conditions applicable to such damage insurance as required in this Section 14. If Lessee elects to self-insure, then, with respect to any claims which may result from incidents occurring during the Term, such Self Insurance obligation shall survive the expiration or destruction is occasioned by earlier termination of this Lease to the negligence or fault of Lessee, its agents or employees. Insurance premiums paid therein shall not be a portion of same extent as the Additional Rent described in Article 5 hereofinsurance required would survive.

Indemnity and Public Liability. Lessee covenants to save Lessor The Tenant shall defend, hold harmless and indemnify Landlord, and if applicable its officers, managers, employees and agents (collectively, the “Indemnities”) from all and against any claim, suit, demand, loss, liability, costexpense (including reasonable attorney’s fees), expense or damages that Lessor may incur damage of any nature (“Losses”) incurred by Indemnities which arises from or which may be claimed with respect is related to (a) any person or persons, corporation, or property being on or about the Premises Leased Premises; (b) Tenant’s possession or resulting from any act done use of the Leased Premises; or omission by (c) Tenant’s obligations under this Lease. The foregoing indemnity shall not apply in the event and to the extent a court of competent jurisdiction determines that such Losses arose as a result of the willful misconduct or through gross negligence of the LesseeIndemnities. Tenant shall maintain, its agents, employees, invitees, or any person on the Premises by reason of Lessee’s use. Notwithstanding the foregoing, Lessee shall have no obligation to save Lessor harmless from any loss, liability, cost or expense arising from Lessor’s sole or partial negligence. Lessor covenants to save Lessee harmless from all loss, liability, cost, expense or damages that Lessee may incur or which may be claimed with respect to any person or persons, corporation, or property on or about the Leased Premises or resulting from any act done or omission by or through the Lessor, its agents, employees, invitees, or any person on the Premises by reason of Lessorand at Tenant’s ownership or use. Notwithstanding the foregoing, Lessor shall have no obligation to save Lessee harmless from any loss, liability, cost or expense arising from Lessee’s sole or partial negligence. Lessee further covenants and agrees to maintain at all times, during the Term of this Leaseexpense, comprehensive public general liability insurance reasonably satisfactory to Lessor, protecting and Indemnifying Lessor in an amount with limits of not less than One Million one million dollars ($1,000,000.00) combined single limit coverage of bodily injury, property damage or combination thereof. Further, Tenant shall maintain, at its expense, fire and extended coverage insurance (which shall include coverage relating to loss incurred as a result of wind or hurricane) on the Building and Leased Premises in the amount of at least Three Hundred and Fifty Thousand Dollars ($1,000,000350,000.00), combined single limit for bodily injury or property damage. Lessee further covenants Each of the foregoing policies shall insure both Landlord and agrees that it Tenant and shall keep the Premises insured for the benefit of Lessor in be secured only from an amount equivalent insurance company reasonably acceptable to the full replacement value thereof (excluding foundation, grading and excavation costs) against: (a) loss or damage by fire; and (b) such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the Building, including, but without limiting the generality of the foregoing, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion, and such other coverage as may Landlord. Landlord shall be deemed necessary by Lessor. The insurance required to be provided by Lessee under this Lease may be provided in the form of a blanket policy. Any insurance policy required to be carried by Lessee hereunder shall name Lessor listed as an additional insured on all such policies. A copy of the policy or a certificate of insurance shall be delivered to Landlord on or before the commencement date and provide that no such policy shall not be canceled cancelable without at least fifteen ten (1510) days’ days prior written notice to LessorLandlord. During the construction of Lessor’s ImprovementsIn addition, Lessor covenants Tenant shall be responsible, at its expense for fire and agrees to maintain at extended coverage insurance on all times the following insurance: (i) Builder’s Risk Insurance on an “all risks” basis for 100% of the insurable value of all construction work in place or in progress from time to time, insuring the Projectits personal property, including materials in storage and while in transitremovable trade fixtures, against loss or damage by fire or other casualty, with extended coverage, “X”, “C” and “U” coverage, vandalism and malicious mischief coverage, bearing a replacement cost agreed amount endorsement; (ii) comprehensive general liability insurance in an amount not less than $1,000,000; and (iii) employer’s Liability Insurance. During the construction of Lessor’s Improvements, Lessor agrees that such policy or policies of insurance shall contain a waiver of subrogation clause as to Lessee and Lessor waives, releases and discharges Lessee from all claims or demands whatsoever which Lessor may have or acquire arising out of damage to or destruction of the Premises or loss of use thereof occasioned by fire or other casualty, which such claim or demand may arise because of the negligence or fault of Lessee, its agents, employees, customers or business invitees, or otherwise, and Lessor agrees to look to the insurance coverage only located in the event of such loss. Notwithstanding the foregoing, Lessee shall be obligated to pay the rental called for hereunder in the event of damage to or destruction of the Premises if such damage or destruction is occasioned by the negligence or fault of Lessee, its agents or employees. Insurance premiums paid therein shall not be a portion of the Additional Rent described in Article 5 hereofLeased Premises.

Indemnity and Public Liability. Lessee covenants shall maintain the Premises in a safe and careful manner. Except to save the extent caused by an act or omission of Lessor, Lessee shall indemnify and hold Lessor harmless from and against any and all loss, liability, costexpense and damage (including, expense or damages but not limited to, attorneys fees that Lessor may incur or which may be claimed incurred by Lessor in connection with respect to any person such loss, liability, damage or persons, corporation, or property on or about expense) that arises at the Premises during the Lease Term or resulting from any act done or omission by made by, through or through the on behalf of Lessee, its agents, employees, invitees, licensees or any person on the Premises Project by reason of the Lessee’s 's use. Notwithstanding , occupancy or possession of the foregoing, Lessee shall have no obligation to save Lessor harmless Premises or arising from any lossbreach or default by Lessee of any obligation of Lessee hereunder. Conversely, liabilityexcept to the extent caused by any act or omission of Lessee, cost or expense arising from Lessor’s sole or partial negligence. Lessor covenants to save shall indemnify and hold Lessee harmless from and against any and all loss, liability, costexpense and damage to the Premises (including, expense or damages but not limited to, attorneys fees that Lessee may incur or which may be claimed incurred by Lessee in connection with respect to any person such loss, liability, damage or persons, corporation, or property on or about the Premises or resulting from expense) that arises as a result of any act done or omission by made by, through or through the on behalf of Lessor, its agents, employees, invitees, invitees or any person on the Premises by reason of Lessor’s ownership licensees or use. Notwithstanding the foregoing, Lessor shall have no obligation to save Lessee harmless arising from any loss, liability, cost breach or expense arising from Lessee’s sole or partial negligencedefault by Lessor of any obligation of Lessor hereunder. Lessee further covenants and agrees to maintain at all times, during the Term term of this Lease, comprehensive public liability insurance reasonably with a responsible insurance company, rated no less than A, Class XII in the Best Insurance Guide, licensed to do business in Georgia and satisfactory to LessorLessor as follows: (A) Commercial General Liability Insurance with limit of $500,000 bodily injury and property damage liability each occurrence, protecting $1,000,000 General Aggregate Limit including products and Indemnifying Lessor completed operations coverage and must include at a minimum contractual liability, personal injury liability, and Premises medical payments; (B) Comprehensive Automobile Liability with limits of $500,000 bodily injury and property damage liability each occurrence, including hired and non-owned autos; (C) Workers' Compensation Insurance with an employer's liability limit of $100,000; (D) Property insurance consisting of All Risk coverage (subject to normal all risk exclusions and limitations) on contents including improvements and betterments on a replacement cost basis in an amount sufficient to replace them; and (E) Commercial Umbrella Liability Insurance with a limit of not less than One Million Dollars (at least $1,000,000), combined single limit for bodily injury 3,000,000. Such policy or property damage. Lessee further covenants and agrees that it shall keep the Premises insured for the benefit of Lessor in an amount equivalent to the full replacement value thereof (excluding foundation, grading and excavation costs) against: (a) loss or damage by fire; and (b) such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the Building, including, but without limiting the generality of the foregoing, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion, and such other coverage as may be deemed necessary by Lessor. The insurance required to be provided by Lessee under this Lease may be provided in the form of a blanket policy. Any insurance policy required to be carried by Lessee hereunder policies shall name Lessor as an additional insured insured, shall be primary and provide that such policy noncontributing with any insurance carried by Lessor, and shall not be canceled cancelled or materially altered without at least fifteen thirty (1530) days’ days prior written notice to Lessor. During To the construction extent that the proceeds of Lessor’s Improvements, Lessor covenants and agrees to maintain at all times the following insurance: (i) Builder’s Risk Insurance on an “all risks” basis for 100% of the insurable value of all construction work in place or in progress from time to time, insuring the Project, including materials in storage and while in transit, against loss or damage by fire or other casualty, with extended coverage, “X”, “C” and “U” coverage, vandalism and malicious mischief coverage, bearing a replacement cost agreed amount endorsement; (ii) comprehensive general liability insurance in an amount not less than $1,000,000; and (iii) employer’s Liability Insurance. During the construction of Lessor’s Improvements, Lessor agrees that any such policy or policies of insurance shall contain a waiver of subrogation clause as are paid to Lessee and Lessor waives, releases and discharges Lessee from all claims or demands whatsoever which Lessor may have or acquire arising out of damage to or destruction of the Premises or loss of use thereof occasioned by fire or other casualty, which such claim or demand may arise because of the negligence or fault of Lessee, its agents, employees, customers or business invitees, or otherwise, and Lessor agrees to look to the insurance coverage only in the event of such loss. Notwithstanding the foregoing, Lessee shall be obligated use such proceeds only to repair or replace the damaged property or to pay the rental called liabilities for which the insurer paid such proceeds. Lessor will not carry insurance on Lessee's property. Lessee shall furnish Lessor with a certificate of insurance indicating that Lessee holds all insurance coverage's set forth above prior to beginning occupancy hereunder in and promptly thereafter upon request by Lessor at any time and from time to time. The obligations of Lessor and Lessee under this Paragraph 16 arising by reason of any occurrence taking place during the event term of damage to or destruction this Lease shall survive any termination of the Premises if such damage or destruction is occasioned by the negligence or fault of Lessee, its agents or employees. Insurance premiums paid therein shall not be a portion of the Additional Rent described in Article 5 hereofthis Lease.

Indemnity and Public Liability. Lessee covenants (a) Subject to save Lessor harmless from subsections (b) and (c) hereof, each of the Landlord and Tenant hereby releases the other and waives all loss, liability, cost, expense or damages that Lessor may incur or which may be claimed claims against the other and those for whom the other is in law responsible with respect to occurrences insured against or required to be insured against by the releasing party, whether any such claims arise as a result of the negligence or otherwise of the other or those for whom it is in law responsible. (b) Such release and waiver shall be effective only to the extent of proceeds of insurance received by the releasing party and proceeds which would have been received if the releasing party obtained all insurance required to be obtained by it under this Lease and for this purpose deductible amounts shall be deemed to be proceeds of insurance received, and Tenant shall be deemed to carry business interruption insurance for direct and indirect loss of earnings for all perils or attributable to prevension of access, in a profits form of coverage with a twelve (12) month indemnity period. (c) Notwithstanding anything to the contrary in this Section 14, the Landlord and Tenant shall each be liable to any third person (being any person other than the Landlord or personsTenant) to the extent of their respective fault or negligence and each shall be entitled to full indemnity and contribution from the other to the extent of the other's fault or negligence. To the extent not released above, corporationeach party shall indemnify and save harmless the other from all liabilities, damages, losses or property on expenses growing out of: (a) any breach, violation or about non-performance by the Premises indemnifying party of any covenant, condition or resulting from any act done or omission by or through the Lessee, its agents, employees, invitees, or any person on the Premises by reason of Lessee’s use. Notwithstanding the foregoing, Lessee shall have no obligation to save Lessor harmless from agreement in this Lease; (b) any loss, liability, cost or expense arising from Lessor’s sole or partial negligence. Lessor covenants to save Lessee harmless from all lossoccasioned by the act, liability, cost, expense default or damages that Lessee may incur or which may be claimed with respect to any person or persons, corporation, or property on or about negligence of the Premises or resulting from any act done or omission by or through the Lessorindemnifying party, its officers, agents, servants, employees, inviteescontractors, customers, invitees or licensees; and (c) any person on obligation of the Premises by reason indemnifying party arising or outstanding upon the expiration or earlier termination of Lessor’s ownership or usethis Lease. Notwithstanding Such indemnity shall survive the foregoing, Lessor shall have no obligation to save Lessee harmless from any loss, liability, cost or expense arising from Lessee’s sole or partial negligence. Lessee further covenants and agrees to maintain at all times, during the Term termination of this Lease, comprehensive public liability insurance reasonably satisfactory to Lessor, protecting and Indemnifying Lessor anything in an amount of not less than One Million Dollars ($1,000,000), combined single limit for bodily injury or property damage. Lessee further covenants and agrees that it shall keep the Premises insured for the benefit of Lessor in an amount equivalent this Lease to the full replacement value thereof (excluding foundation, grading and excavation costs) against: (a) loss or damage by fire; and (b) such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the Building, including, but without limiting the generality of the foregoing, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion, and such other coverage as may be deemed necessary by Lessor. The insurance required to be provided by Lessee under this Lease may be provided in the form of a blanket policy. Any insurance policy required to be carried by Lessee hereunder shall name Lessor as an additional insured and provide that such policy shall not be canceled without at least fifteen (15) days’ prior notice to Lessor. During the construction of Lessor’s Improvements, Lessor covenants and agrees to maintain at all times the following insurance: (i) Builder’s Risk Insurance on an “all risks” basis for 100% of the insurable value of all construction work in place or in progress from time to time, insuring the Project, including materials in storage and while in transit, against loss or damage by fire or other casualty, with extended coverage, “X”, “C” and “U” coverage, vandalism and malicious mischief coverage, bearing a replacement cost agreed amount endorsement; (ii) comprehensive general liability insurance in an amount not less than $1,000,000; and (iii) employer’s Liability Insurance. During the construction of Lessor’s Improvements, Lessor agrees that such policy or policies of insurance shall contain a waiver of subrogation clause as to Lessee and Lessor waives, releases and discharges Lessee from all claims or demands whatsoever which Lessor may have or acquire arising out of damage to or destruction of the Premises or loss of use thereof occasioned by fire or other casualty, which such claim or demand may arise because of the negligence or fault of Lessee, its agents, employees, customers or business invitees, or otherwise, and Lessor agrees to look to the insurance coverage only in the event of such loss. Notwithstanding the foregoing, Lessee shall be obligated to pay the rental called for hereunder in the event of damage to or destruction of the Premises if such damage or destruction is occasioned by the negligence or fault of Lessee, its agents or employees. Insurance premiums paid therein shall not be a portion of the Additional Rent described in Article 5 hereofcontrary notwithstanding.

Indemnity and Public Liability. Lessee covenants to save Lessor The Tenant from and after the commencement date will hold the Landlord harmless against any and all claims, suits, damages or causes of action for damages and against any orders of decrees or judgments which will be entered herein, brought from all loss, liability, cost, expense damages or alleged damages that Lessor may incur or which may be claimed with respect to any person or persons, corporation, or property on or about the Premises or resulting from any act done injury to persons and/or property or omission by loss of life sustained in and about the premises resulting from the Tenant's negligence or through the Lessee, that of its agents, employees, servants and business invitees, or any person on ; and the Premises by reason of Lessee’s use. Notwithstanding the foregoing, Lessee shall have no obligation to save Lessor harmless from any loss, liability, cost or expense arising from Lessor’s sole or partial negligence. Lessor covenants to save Lessee harmless from all loss, liability, cost, expense or damages that Lessee may incur or which may be claimed with respect to any person or persons, corporation, or property on or about the Premises or resulting from any act done or omission by or through the Lessor, its agents, employees, invitees, or any person on the Premises by reason of Lessor’s ownership or use. Notwithstanding the foregoing, Lessor shall have no obligation to save Lessee harmless from any loss, liability, cost or expense arising from Lessee’s sole or partial negligence. Lessee further covenants and agrees to maintain at all timesTenant shall, during the Term term hereof, maintain general liability policies insuring the Tenant, and shall present to the Landlord, prior to taking occupancy, a liability policy on the premises, naming the landlord as an additional assured. Such policies shall be issued by insurance companies authorized and licensed to issue such policies in the State of this Lease, comprehensive public Connecticut and shall provide for notice to Landlord prior to cancellation. Such liability insurance reasonably satisfactory policy or policies shall initially afford protection to Lessor, protecting and Indemnifying Lessor in an amount limits of not less than One Million Dollars ($1,000,000), combined single limit for 1,000,000.00 in respect to bodily injury or and to the limit of $500,000.00 property damage. Lessee further covenants and agrees that it , which limits shall keep the Premises insured for the benefit of Lessor in an amount equivalent to the full replacement value thereof (excluding foundation, grading and excavation costs) against: (a) loss or damage by fire; and (b) such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the Building, including, but without limiting the generality of the foregoing, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion, and such other coverage as may be deemed necessary by Lessor. The insurance required to be provided by Lessee under this Lease may be provided in the form of a blanket policy. Any insurance policy required to be carried by Lessee hereunder shall name Lessor as an additional insured and provide that such policy shall not be canceled without at least fifteen (15) days’ prior notice to Lessor. During the construction of Lessor’s Improvements, Lessor covenants and agrees to maintain at all times the following insurance: (i) Builder’s Risk Insurance on an “all risks” basis for 100% of the insurable value of all construction work in place or in progress reviewed from time to time, insuring but not more than annually, and adjusted to the Projectstandard amounts normally carried by similar operations. Upon failure, including materials in storage at any time, on the part of the Tenant to pay the premiums for the insurance required herein, the Landlord shall be at liberty, from time to time, as often as such failure shall occur, to pay the premiums therefore, and while in transitany and all sums so paid shall be and become and are hereby declared to be rent under this lease due and payable on the next rent day. Tenant agrees that it will, at its own cost and expense, keep its own fixtures, merchandise and equipment adequately insured during the term hereof against loss or damage by fire or other casualty, with extended coverage, “X”, “C” and “U” coverage, vandalism and malicious mischief coverage, bearing a replacement cost agreed amount endorsement; (ii) comprehensive general liability insurance in an amount not less than $1,000,000; and (iii) employer’s Liability Insurance. During the construction of Lessor’s Improvements, Lessor agrees that such policy or policies of insurance shall contain a waiver of subrogation clause as to Lessee and Lessor waives, releases and discharges Lessee from all claims or demands whatsoever which Lessor may have or acquire arising out of damage to or destruction of the Premises or loss of use thereof occasioned by fire or other casualty, which such claim or demand may arise because of the negligence or fault of Lessee, its agents, employees, customers or business invitees, or otherwise, and Lessor agrees to look to the insurance coverage only in the event of such loss. Notwithstanding the foregoing, Lessee shall be obligated to pay the rental called for hereunder in the event of damage to or destruction of the Premises if such damage or destruction is occasioned by the negligence or fault of Lessee, its agents or employees. Insurance premiums paid therein shall not be a portion of the Additional Rent described in Article 5 hereofdamage.

Indemnity and Public Liability. Lessee covenants Section 7.1 The Tenant from and after the Commencement Date will hold the Landlord harmless against any and all claims, suits, damages or causes of action for damages and against any orders of decrees or judgments which will be entered herein, brought from damages or alleged damages resulting from any injury to save Lessor harmless from all loss, liability, cost, expense persons and/or property or damages that Lessor may incur or which may be claimed with respect to any person or persons, corporation, or property on or loss of life sustained in and about the Premises or resulting from any act done the Tenant’s negligence or omission by or through the Lessee, that of its agents, employees, servants and business invitees, or any person on except to the Premises by reason of Lessee’s use. Notwithstanding the foregoing, Lessee shall have no obligation to save Lessor harmless from any loss, liability, cost or expense extent arising from Lessorthe Landlord’s sole negligence or partial negligence. Lessor covenants to save Lessee harmless from all loss, liability, cost, expense or damages that Lessee may incur or which may be claimed with respect to any person or persons, corporation, or property on or about the Premises or resulting from any act done or omission by or through the Lessor, of its agents, employees, servants and business invitees, or any person on ; and the Premises by reason of Lessor’s ownership or use. Notwithstanding the foregoing, Lessor shall have no obligation to save Lessee harmless from any loss, liability, cost or expense arising from Lessee’s sole or partial negligence. Lessee further covenants and agrees to maintain at all timesTenant shall, during the Term term hereof, maintain general liability policies insuring the Tenant, and shall present to the Landlord, prior to taking occupancy, a certificate of this Lease, comprehensive public insurance naming the Landlord as an additional insured. Such policies shall be issued by insurance companies authorized and licensed to issue such policies in the State of Connecticut and shall provide for notice to Landlord prior to cancellation. Such liability insurance reasonably satisfactory policy or policies shall initially afford protection to Lessor, protecting and Indemnifying Lessor in an amount limits of not less than One Million Dollars ($1,000,000), combined single limit for 2,000,000.00 in respect to bodily injury or and to the limit of $1,000,000.00 property damage. Lessee further covenants and agrees that it , which limits shall keep the Premises insured for the benefit of Lessor in an amount equivalent to the full replacement value thereof (excluding foundation, grading and excavation costs) against: (a) loss or damage by fire; and (b) such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the Building, including, but without limiting the generality of the foregoing, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion, and such other coverage as may be deemed necessary by Lessor. The insurance required to be provided by Lessee under this Lease may be provided in the form of a blanket policy. Any insurance policy required to be carried by Lessee hereunder shall name Lessor as an additional insured and provide that such policy shall not be canceled without at least fifteen (15) days’ prior notice to Lessor. During the construction of Lessor’s Improvements, Lessor covenants and agrees to maintain at all times the following insurance: (i) Builder’s Risk Insurance on an “all risks” basis for 100% of the insurable value of all construction work in place or in progress reviewed from time to time, insuring but not more than annually, and adjusted to the Projectstandard amounts normally carried by similar operations. Upon failure, including materials in storage at any time, on the part of the Tenant to pay the premiums for the insurance required herein, the Landlord shall be at liberty, from time to time, as often as such failure shall occur, to pay the premiums therefore, and while in transitany and all sums so paid shall be and become and are hereby declared to be Rent under this Lease due and payable on the next Rent day. Section 7.2 Tenant agrees that it will, at its own cost and expense, keep its own fixtures, merchandise and equipment adequately insured during the term hereof against loss or damage by fire damage. Section 7.3 The Landlord from and after the Commencement Date will hold the Tenant harmless against any and all claims, suits, damages or other casualtycauses of action for damages and against any orders of decrees or judgments which will be entered herein, with extended coveragebrought from damages or alleged damages resulting from any injury to persons and/or property or loss of life sustained in and about the Premises, “X”the Building, “C” or the property on which the Building is situated resulting from the Landlord’s negligence or that of its agents, servants and “U” coveragebusiness invitees, vandalism except to the extent arising from the Tenant’s negligence or that of its agents, servants and malicious mischief coveragebusiness invitees; and the Landlord shall, bearing a replacement cost agreed amount endorsement; (ii) comprehensive during the term hereof, maintain general liability policies insuring the Landlord, and shall present to the Tenant, prior to Tenant taking occupancy, a certificate of insurance naming the Tenant as an additional insured. Such policies shall be issued by insurance companies authorized and licensed to issue such policies in an amount the State of Connecticut and shall provide for notice to Tenant prior to cancellation. Such liability policy or policies shall initially afford protection to limits of not less than $1,000,000; 2,000,000.00 in respect to bodily injury and (iii) employer’s Liability Insuranceto the limit of $1,000,000.00 property damage, which limits shall be reviewed from time to time, but not more than annually, and adjusted to the standard amounts normally carried by similar operations. During Upon failure, at any time, on the construction of Lessor’s Improvements, Lessor agrees that such policy or policies of insurance shall contain a waiver of subrogation clause as to Lessee and Lessor waives, releases and discharges Lessee from all claims or demands whatsoever which Lessor may have or acquire arising out of damage to or destruction part of the Premises or loss of use thereof occasioned by fire or other casualty, which such claim or demand may arise because of the negligence or fault of Lessee, its agents, employees, customers or business invitees, or otherwise, and Lessor agrees to look to the insurance coverage only in the event of such loss. Notwithstanding the foregoing, Lessee shall be obligated Landlord to pay the rental called premiums for hereunder in the event of damage insurance required herein, the Tenant shall be at liberty, from time to or destruction of time, as often as such failure shall occur, to pay the Premises if such damage or destruction is occasioned premiums therefore, and any and all sums so paid may be offset by the negligence or fault of Lessee, its agents or employees. Insurance premiums paid therein shall not be a portion of the Additional Tenant against any Rent described in Article 5 hereofunder this Lease.

Indemnity and Public Liability. Lessee Tenant covenants at all times to save Lessor Landlord harmless from all loss, liability, cost, expense or damages that Lessor may incur occur or which may be claimed with respect to any person or persons, corporation, property, or property chattels on or about the Premises or to the Building resulting from any act done or omission by or through the LesseeTenant, its agents, employees, invitees, or any person on the Premises by reason of Lessee’s use. Notwithstanding the foregoingTenant's use or occupancy or resulting from Tenant's nonuse, Lessee shall have no obligation to save Lessor harmless from or possession of said Premises and any or all loss, cost, liability, cost or expense resulting therefrom; and all times to maintain said Premises in a safe and careful manner. Tenant further covenants and agrees to maintain at all times, during the Lease Term, comprehensive public liability insurance with a responsible insurance company, licensed to do business in the state in which the Premises are located and meet or exceed the rating of A by Best's Key Rating Guide, properly protecting and indemnifying Landlord in an amount of not less than $1,000,000.00 for injury to or death of any one person, $1,000,000.00 for injury to or death of any two or more persons arising from Lessor’s sole out of any one occurrence, and not less than $1,000,000.00 for property damages. Such policy or partial negligencepolicies shall be noncancellable except after ten (10) day's notice in writing to Landlord or Landlord's designees. Lessor Tenant shall furnish Landlord with a certificate or certificates of insurance, covering such insurance so maintained by Tenant, prior to beginning occupancy hereunder. Landlord covenants at all times to save Lessee Tenant harmless from all loss, liability, cost, expense or damages that Lessee may incur occur or which may be claimed with respect to any person or persons, corporation, property, or property on chattels in or about the Premises or Common Area resulting from any act done or omission by or through the LessorLandlord, its agents, employees, invitees, or any person on in the Premises by reason of Lessor’s ownership or useCommon Area. Notwithstanding the foregoing, Lessor shall have no obligation Landlord further covenants at all times to save Lessee Tenant harmless from any all loss, liability, cost or expense arising from Lessee’s sole or partial negligence. Lessee further covenants and agrees to maintain at all times, during the Term of this Lease, comprehensive public liability insurance reasonably satisfactory to Lessor, protecting and Indemnifying Lessor in an amount of not less than One Million Dollars ($1,000,000), combined single limit for bodily injury or property damage. Lessee further covenants and agrees that it shall keep the Premises insured for the benefit of Lessor in an amount equivalent to the full replacement value thereof (excluding foundation, grading and excavation costs) against: (a) loss or damage by fire; and (b) such other risk or risks of a similar or dissimilar nature as are nowcost, or damages that may in the future be, customarily covered occur or be claimed with respect to buildings and improvements similar any person or persons, corporation, property, or chattels in construction, general location, use, occupancy and design to the Building, including, but without limiting the generality of the foregoing, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion, and such other coverage as may be deemed necessary by Lessor. The insurance required to be provided by Lessee under this Lease may be provided in the form of a blanket policy. Any insurance policy required to be carried by Lessee hereunder shall name Lessor as an additional insured and provide that such policy shall not be canceled without at least fifteen (15) days’ prior notice to Lessor. During the construction of Lessor’s Improvements, Lessor covenants and agrees to maintain at all times the following insurance: (i) Builder’s Risk Insurance on an “all risks” basis for 100% of the insurable value of all construction work in place or in progress from time to time, insuring the Project, including materials in storage and while in transit, against loss or damage by fire or other casualty, with extended coverage, “X”, “C” and “U” coverage, vandalism and malicious mischief coverage, bearing a replacement cost agreed amount endorsement; (ii) comprehensive general liability insurance in an amount not less than $1,000,000; and (iii) employer’s Liability Insurance. During the construction of Lessor’s Improvements, Lessor agrees that such policy or policies of insurance shall contain a waiver of subrogation clause as to Lessee and Lessor waives, releases and discharges Lessee from all claims or demands whatsoever which Lessor may have or acquire arising out of damage to or destruction of about the Premises resulting from any act done or loss of use thereof occasioned omission by fire or other casualty, which such claim or demand may arise because of the negligence or fault of Lessee, its agents, employees, customers or business invitees, or otherwise, and Lessor agrees to look to the insurance coverage only in the event of such loss. Notwithstanding the foregoing, Lessee shall be obligated to pay the rental called for hereunder in the event of damage to or destruction of the Premises if such damage or destruction is occasioned by the negligence or fault of Lesseethrough Landlord, its agents or employees. Insurance premiums paid therein shall not be a portion of employees occurring while Landlord completes any repairs set forth in Section 7 hereinabove or due to Landlord entry onto the Additional Rent described Premises in Article 5 hereofaccordance with Section 23 hereinbelow.

Indemnity and Public Liability. Lessee covenants at all times to save Lessor harmless from all loss, liability, cost, expense or damages that Lessor may incur or which may be claimed with respect to any person or persons, corporation, or property on or about the Premises or resulting from any act done or omission by or through the Lessee, its agents, employees, invitees, or any person on the Premises by reason of Lessee’s use. Notwithstanding 's use (except to the foregoingextent caused by the negligent or willful acts and or omissions of Lessor, Lessee shall have no obligation to save Lessor harmless from any loss, liability, cost or expense arising from those acting through Lessor’s sole or partial negligence). Lessor covenants at all times to save Lessee harmless from all loss, liability, costcosts, expense or damages that Lessee may incur or which may be claimed with respect to any person or persons, corporation, corporation or property on or about the Premises or resulting from as a result of any act done and or omission by or through the Lessor, Lessor its agents, employees, employees or invitees, or any person on the Premises by reason of Lessor’s ownership or use. Notwithstanding the foregoing, Lessor shall have no obligation to save Lessee harmless from any loss, liability, cost or expense arising from Lessee’s sole or partial negligence. Lessee further covenants and agrees to maintain at all times, during the Term of this Lease, comprehensive public liability insurance reasonably satisfactory to Lessor, protecting and Indemnifying indemnifying Lessor in an amount of not less than One Million Dollars ONE MILLION DOLLARS ($1,000,000)1, 000,000.00}, combined single limit for bodily injury or property damage. Lessee further covenants and agrees shall furnish Lessor with copies of such policies or a current certificate or certificates of insurance, evidencing such insurance so maintained by Lessee. These copies or certificates shall include an endorsement which states that it shall keep the Premises insured for the benefit of Lessor in an amount equivalent to the full replacement value thereof (excluding foundation, grading and excavation costs) against: (a) loss or damage by fire; and (b) such other risk or risks of a similar or dissimilar nature as are now, or may in the future be, customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to the Building, including, but without limiting the generality of the foregoing, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion, and such other coverage as may be deemed necessary by Lessor. The insurance required to be provided by Lessee under this Lease may be provided in the form of a blanket policy. Any insurance policy required to be carried by Lessee hereunder shall name Lessor as an additional insured and provide that such policy shall not be canceled without at least fifteen except upon not less than thirty days (1530) days’ prior written notice to Lessor, and will include Lessor and Lessor's management agent as additional insured on the liability insurance policy. During As additionally insured on the construction of Lessor’s Improvementsliability insurance policy maintained by Lessee, Lessor covenants and agrees to maintain at all times the following insurance: will be listed: (i) Builder’s Risk Insurance on an “all risks” basis for 100% of the insurable value of all construction work in place or in progress from time to time, insuring the Project, including materials in storage and while in transit, against loss or damage by fire or other casualty, with extended coverage, “X”, “C” and “U” coverage, vandalism and malicious mischief coverage, bearing a replacement cost agreed amount endorsement; (ii) comprehensive general liability insurance in an amount not less than $1,000,000; and (iii) employer’s Liability Insurance. During the construction of Lessor’s Improvements, Lessor agrees that such policy or policies of insurance shall contain a waiver of subrogation clause as to Lessee and Lessor waives, releases and discharges Lessee from all claims or demands whatsoever which Lessor may have or acquire arising out of damage to or destruction of the Premises or loss of use thereof occasioned by fire or other casualty, which such claim or demand may arise because of the negligence or fault of LesseeTCB Development Corporation, its agentsaffiliates and subsidiaries, employees, customers or business invitees, or otherwise, and Lessor agrees to look to the insurance coverage only in the event of such loss. Notwithstanding the foregoing, Lessee shall be obligated to pay the rental called managing agent for hereunder in the event of damage to or destruction of the Premises if such damage or destruction is occasioned by the negligence or fault of Lessee, Xxxx Xxxxxx Trust No.97-7559 as its agents or employees. Insurance premiums paid therein shall not be a portion of the Additional Rent described in Article 5 hereofinterests may appear.