Common use of Indemnity/Hold Harmless Clause in Contracts

Indemnity/Hold Harmless. EXCEPT FOR LOSS, CLAIMS AND EXPENSE SOLELY CAUSED BY LANDLORD’S NEGLIGENCE OR MISCONDUCT, TENANT HEREBY AGREES TO INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS LANDLORD AND ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS (INCLUDING LANDLORD’S BUILDING MANAGER), DIRECTORS, ASSIGNS, MEMBERS AND MANAGERS, FROM AND AGAINST ALL LOSS, CLAIMS, DAMAGES AND EXPENSES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ATTRIBUTABLE IN WHOLE OR IN PART TO TENANT OR TENANT’S EMPLOYEES, SERVANTS, AGENTS, CONTRACTORS, LICENSEES OR INVITEES, BECAUSE OF DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, INCLUDING LOSS OF USE THEREOF, AND OR BECAUSE OF BODILY INJURY, SICKNESS OR DISEASE, OR DEATH SUSTAINED BY ANY PERSON, INCLUDING WORKER’S OCCUPATIONAL DISEASE, SCAFFOLDING, STRUCTURAL REGULATIONS TO THE EMPLOYMENT, HEALTH, SAFETY, OR WORKING CONDITIONS OF WORKMEN, ARISING OUT OF OR RELATING TO THE PERFORMANCE OF WORK BY TENANT, ITS CONTRACTORS OR SUBCONTRACTORS; ARISING OUT OF OR RELATING TO FAILURE, MALFUNCTION, INSTALLATION, REPAIR OR SERVICE OF ANY EQUIPMENT OR SERVICES FOR WHATEVER REASON OR CAUSE, INCLUDING THE LOSS OR INTERRUPTION OF DATA, VOICE, AND OTHER KINDS OF TRANSMISSIONS OF TENANT AND TENANT’S CUSTOMERS AND INCLUDING, IN ALL INSTANCES, INDIRECT OR CONSEQUENTIAL DAMAGES AND REASONABLE ATTORNEY’S FEES. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE AND IN OTHER PROVISIONS OF THIS LEASE SHALL SURVIVE THE TERMINATION OF THIS LEASE. IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF CAUSATION. WITH RESPECT TO TORT CLAIMS AGAINST LANDLORD, LANDLORD SHALL NOT BE LIABLE TO TENANT OR TO ANY OTHER PERSON FOR ANY ACT OR OMISSION OF LANDLORD OR OF ITS AGENTS OR EMPLOYEES, NEGLIGENT OR OTHERWISE, EXCEPT FOR ACTUAL DAMAGES OR COSTS INCURRED AS A DIRECT RESULT OF AND CAUSED DIRECTLY AND SOLELY BY THE MISCONDUCT OR NEGLIGENCE OF LANDLORD (OR OF LANDLORD’S AGENTS OR EMPLOYEES) IN CIRCUMSTANCES IN WHICH LANDLORD IS DEEMED TO BE LIABLE AT LAW FOR SUCH ACTS OR OMISSIONS AND SUCH LIABILITY CANNOT BE WAIVED BY TENANT. NOTHING CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL EVER BE CONSTRUED AS CREATING LIABILITY IN EXCESS OF THAT EXISTING AT LAW OR, IN ANY EVENT, INCREASING THE LIABILITY OF LANDLORD, UNDER ANY THEORY OR CAUSE OF ACTION, HOWEVER DENOMINATED, FROM THAT EXISTING AT LAW.

Indemnity/Hold Harmless. EXCEPT FOR TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY: (A) ASSUME ALL RISK OF INJURY, LOSS, DAMAGE, DESTRUCTION AND ENVIRONMENTAL CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND SERVICE(S) REFERENCED IN THIS CONTRACT, INCLUDING WITHOUT LIMITATION, ALL LIABILITIES, CLAIMS AND EXPENSE SOLELY CAUSED BY LANDLORD’S NEGLIGENCE DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, REPAIR AND/OR MISCONDUCT, TENANT HEREBY AGREES RETRIEVAL THEREOF; (B) RELEASE AND DISCHARGE C&E AND EACH TPO FROM AND AGREE TO INDEMNIFY, PROTECT, DEFEND, DEFEND AND HOLD HARMLESS LANDLORD C&E AND ITS SHAREHOLDERSEACH SUCH TPO, AND THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, AGENTS (INCLUDING LANDLORD’S BUILDING MANAGER)MANAGERS, DIRECTORS, AGENTS, EMPLOYEES, INSURERS, REPRESENTATIVES, SUBROGEES, SUCCESSORS AND ASSIGNS, MEMBERS AND MANAGERSFOR, FROM AND AGAINST ANY AND ALL LOSSLIABILITIES, CLAIMS, DAMAGES DAMAGES, LOSSES, COSTS AND EXPENSES, EXPENSES (INCLUDING WITHOUT LIMITATION LIMITATION, ATTORNEYS’ FEES) ARISING FROM OR ASSOCIATED WITH ANY LOSS AND/OR DAMAGE ATTRIBUTABLE IN WHOLE OR IN PART TO TENANT OR TENANT’S EMPLOYEES, SERVANTS, AGENTS, CONTRACTORS, LICENSEES OR INVITEES, BECAUSE ALL OF DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, INCLUDING LOSS OF USE THEREOF, AND OR BECAUSE OF BODILY INJURY, SICKNESS OR DISEASE, OR DEATH SUSTAINED BY ANY PERSON, INCLUDING WORKER’S OCCUPATIONAL DISEASE, SCAFFOLDING, STRUCTURAL REGULATIONS TO THE EMPLOYMENT, HEALTH, SAFETY, OR WORKING CONDITIONS OF WORKMEN, ARISING OUT OF OR RELATING TO THE PERFORMANCE OF WORK BY TENANT, ITS CONTRACTORS OR SUBCONTRACTORS; ARISING OUT OF OR RELATING TO FAILURE, MALFUNCTION, INSTALLATION, REPAIR OR SERVICE OF ANY EQUIPMENT SUCH ITEM(S) AND/OR SERVICES FOR WHATEVER REASON OR CAUSE(INCLUDING WITHOUT LIMITATION, INCLUDING THE LOSS OR INTERRUPTION OF DATA, VOICE, AND OTHER KINDS OF TRANSMISSIONS OF TENANT AND TENANT’S CUSTOMERS AND INCLUDING, IN ALL INSTANCES, INDIRECT OR CONSEQUENTIAL DAMAGES AND REASONABLE ATTORNEY’S FEES. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE AND IN OTHER PROVISIONS THOSE ARISING FROM YOUR BREACH OF THIS LEASE SHALL SURVIVE CONTRACT, AND/OR THE TERMINATION OF THIS LEASE. IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY CONSEQUENTIAL NEGLIGENCE OR INCIDENTAL DAMAGES REGARDLESS OF CAUSATION. WITH RESPECT TO TORT CLAIMS AGAINST LANDLORD, LANDLORD SHALL NOT BE LIABLE TO TENANT OR TO ANY OTHER PERSON FOR ANY ACT OR OMISSION OF LANDLORD OR OF ITS AGENTS OR EMPLOYEES, NEGLIGENT OR OTHERWISE, EXCEPT FOR ACTUAL DAMAGES OR COSTS INCURRED AS A DIRECT RESULT OF AND CAUSED DIRECTLY AND SOLELY BY THE MISCONDUCT OR CLAIMED NEGLIGENCE OF LANDLORD C&E); AND (OR OF LANDLORD’S AGENTS OR EMPLOYEESC) IN CIRCUMSTANCES IN WHICH LANDLORD IS DEEMED TO BE LIABLE AT LAW FOR SUCH ACTS OR OMISSIONS AND SUCH LIABILITY CANNOT BE WAIVED BY TENANT. NOTHING CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL EVER BE CONSTRUED AS CREATING LIABILITY IN EXCESS OF THAT EXISTING AT LAW ORwaive all rights, IN ANY EVENTclaims and damages arising under the Uniform Commercial Code, INCREASING THE LIABILITY OF LANDLORDas well as all incidental, UNDER ANY THEORY OR CAUSE OF ACTIONconsequential, HOWEVER DENOMINATEDspecial, FROM THAT EXISTING AT LAWexemplary and punitive damages against C&E and each TPO.

Indemnity/Hold Harmless. EXCEPT FOR TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU: (A) ASSUME ALL RISK OF PERSONAL INJURY, LOSS, PROPERTY DAMAGE, DESTRUCTION AND ENVIRONMENTAL CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, ALL ITEM(S) AND SERVICE(S) REFERENCED HEREIN, INCLUDING WITHOUT LIMITATION, ANY AND ALL LIABILITIES, CLAIMS AND EXPENSE SOLELY CAUSED BY LANDLORD’S NEGLIGENCE DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, USE, DELIVERY, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, MAINTENANCE, REPAIR AND/OR MISCONDUCTRETAKING OF ANY SUCH ITEM(S) OR SERVICE(S), TENANT WHETHER OR NOT YOUR FAULT; AND (B) YOU HEREBY AGREES RELEASE AND DISCHARGE NTR AND ALL OWNER(S) FROM AND AGREE TO INDEMNIFY, PROTECT, DEFEND, DEFEND AND HOLD HARMLESS LANDLORD NTR AND ITS SHAREHOLDERSSUCH OWNER(S), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AGENTS (INCLUDING LANDLORD’S BUILDING MANAGER)OWNERS, DIRECTORSREPRESENTATIVES, INSURERS, SUBROGEES, SUCCESSORS AND ASSIGNS, MEMBERS AND MANAGERS, FROM AND AGAINST ANY AND ALL LOSSLIABILITIES, CLAIMS, DAMAGES DAMAGES, LOSSES, COSTS AND EXPENSES, EXPENSES (INCLUDING WITHOUT LIMITATION LIMITATION, ATTORNEYS’ FEES) ARISING FROM OR ASSOCIATED WITH ANY LOSS AND/OR DAMAGE ATTRIBUTABLE IN WHOLE ALL OF SUCH ITEM(S) AND/OR IN PART TO TENANT OR TENANT’S EMPLOYEESSERVICES. Additionally, SERVANTSyou hereby waive any and all rights and remedies available under the Uniform Commercial Code as adopted in Georgia, AGENTSas well as all incidental, CONTRACTORSconsequential, LICENSEES OR INVITEESspecial, BECAUSE OF DAMAGE TOand punitive damages, LOSS OR DESTRUCTION OF PROPERTY, INCLUDING LOSS OF USE THEREOF, AND OR BECAUSE OF BODILY INJURY, SICKNESS OR DISEASE, OR DEATH SUSTAINED BY ANY PERSON, INCLUDING WORKER’S OCCUPATIONAL DISEASE, SCAFFOLDING, STRUCTURAL REGULATIONS TO THE EMPLOYMENT, HEALTH, SAFETY, OR WORKING CONDITIONS OF WORKMEN, ARISING OUT OF OR RELATING TO THE PERFORMANCE OF WORK BY TENANT, ITS CONTRACTORS OR SUBCONTRACTORS; ARISING OUT OF OR RELATING TO FAILURE, MALFUNCTION, INSTALLATION, REPAIR OR SERVICE OF ANY EQUIPMENT OR SERVICES FOR WHATEVER REASON OR CAUSE, INCLUDING THE LOSS OR INTERRUPTION OF DATA, VOICE, AND OTHER KINDS OF TRANSMISSIONS OF TENANT AND TENANT’S CUSTOMERS AND INCLUDING, IN ALL INSTANCES, INDIRECT OR CONSEQUENTIAL DAMAGES AND REASONABLE ATTORNEY’S FEESagainst NTR and each Owner. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE AND IN OTHER PROVISIONS OF THIS LEASE SHALL SURVIVE THE TERMINATION OF THIS LEASE. IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF CAUSATION. WITH RESPECT TO TORT CLAIMS AGAINST LANDLORD, LANDLORD SHALL NOT BE LIABLE TO TENANT OR TO ANY OTHER PERSON FOR ANY ACT OR OMISSION OF LANDLORD OR OF ITS AGENTS OR EMPLOYEES, NEGLIGENT OR OTHERWISE, EXCEPT FOR ACTUAL DAMAGES OR COSTS INCURRED AS A DIRECT RESULT OF AND CAUSED DIRECTLY AND SOLELY BY THE MISCONDUCT OR NEGLIGENCE OF LANDLORD (OR OF LANDLORD’S AGENTS OR EMPLOYEES) IN CIRCUMSTANCES IN WHICH LANDLORD IS DEEMED TO BE LIABLE AT LAW FOR SUCH ACTS OR OMISSIONS AND SUCH LIABILITY CANNOT BE WAIVED BY TENANT. NOTHING CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL EVER BE CONSTRUED AS CREATING LIABILITY IN EXCESS OF THAT EXISTING AT LAW OR, IN ANY EVENT, INCREASING THE LIABILITY OF LANDLORD, UNDER ANY THEORY OR CAUSE OF ACTION, HOWEVER DENOMINATED, FROM THAT EXISTING AT LAWYour duties hereunder are UNCONDITIONAL.

Indemnity/Hold Harmless. EXCEPT FOR LOSSTO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS AND EXPENSE SOLELY CAUSED BY LANDLORD’S NEGLIGENCE OR MISCONDUCT, TENANT HEREBY CUSTOMER AGREES TO INDEMNIFY, PROTECT, DEFENDDEFEND AND HOLD TAC, AND HOLD HARMLESS LANDLORD AND ANY OF ITS SHAREHOLDERS, RESPECTIVE OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AGENTS (INCLUDING LANDLORD’S BUILDING MANAGER)AND AFFILIATES, DIRECTORSPARENTS AND SUBSIDIARIES, ASSIGNS, MEMBERS AND MANAGERS, HARMLESS FROM AND AGAINST ANY AND ALL LOSSLIABILITY, CLAIMS, DAMAGES AND EXPENSESLOSS, INCLUDING WITHOUT LIMITATION ANY LOSS DAMAGE OR DAMAGE ATTRIBUTABLE IN WHOLE OR IN PART TO TENANT OR TENANT’S EMPLOYEESCOSTS (INCLUDING, SERVANTS, AGENTS, CONTRACTORS, LICENSEES OR INVITEES, BECAUSE OF DAMAGE BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF PROPERTYLEGAL FEES, INCLUDING LOSS OF USE THEREOFPROFIT, AND BUSINESS INTERRUPTION OR BECAUSE OF OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY, SICKNESS INJURY OR DISEASE, OR DEATH SUSTAINED BY ANY PERSON, INCLUDING WORKER’S OCCUPATIONAL DISEASE, SCAFFOLDING, STRUCTURAL REGULATIONS DAMAGES RELATING TO THE EMPLOYMENT, HEALTH, SAFETY, OR WORKING CONDITIONS OF WORKMEN, WRONGFUL DEATH) ARISING OUT OF OR RELATING RELATED TO THE PERFORMANCE OPERATION, USE, POSSESSION OR RENTAL OF WORK BY TENANTTHE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST TAC BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, ITS CONTRACTORS OR SUBCONTRACTORS; ARISING OUT OF OR RELATING TO FAILURE, MALFUNCTION, INSTALLATION, REPAIR OR SERVICE OF ANY EQUIPMENT OR SERVICES FOR WHATEVER REASON OR CAUSE, INCLUDING THE LOSS OR INTERRUPTION OF DATA, VOICE, AND OTHER KINDS OF TRANSMISSIONS OF TENANT AND TENANT’S CUSTOMERS AND INCLUDING, IN ALL INSTANCES, INDIRECT OR CONSEQUENTIAL DAMAGES AND REASONABLE ATTORNEY’S FEES. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE AND IN OTHER PROVISIONS OF THIS LEASE SHALL SURVIVE THE TERMINATION OF THIS LEASE. IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF CAUSATION. WITH RESPECT TO TORT CLAIMS AGAINST LANDLORD, LANDLORD CUSTOMER SHALL NOT BE LIABLE OBLIGATED TO TENANT INDEMNIFY TAC FOR THAT PART OF ANY LOSS, DAMAGE OR TO ANY OTHER PERSON FOR ANY ACT OR OMISSION OF LANDLORD OR OF ITS AGENTS OR EMPLOYEES, NEGLIGENT OR OTHERWISE, EXCEPT FOR ACTUAL DAMAGES OR COSTS INCURRED AS A DIRECT RESULT OF AND LIABILITY CAUSED DIRECTLY AND SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE GROSS NEGLIGENCE OF LANDLORD (OR TAC. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF LANDLORD’S AGENTS OR EMPLOYEES) THE INDEMNITY PROVISIONS IN CIRCUMSTANCES IN WHICH LANDLORD IS DEEMED THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO BE LIABLE AT LAW FOR SUCH ACTS OR OMISSIONS AND SUCH LIABILITY CANNOT BE WAIVED BY TENANT. NOTHING CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE INDEMNIFY SHALL EVER BE CONSTRUED AS CREATING LIABILITY IN EXCESS OF THAT EXISTING AT LAW OR, NOT IN ANY EVENT, INCREASING WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE LIABILITY DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF LANDLORD, UNDER ANY THEORY OR CAUSE OF ACTION, HOWEVER DENOMINATED, FROM THAT EXISTING AT LAWTHE RENTAL AGREEMENT.

Indemnity/Hold Harmless. EXCEPT FOR LOSS16.1 GBR SHALL COMPLY WITH THE REQUIREMENTS OF ALL APPLICABLE LAWS, CLAIMS RULES, REGULATIONS APPLICABLE PROVISIONS OF WATER USE PERMIT NO. 5912 AS IT MAY BE AMENDED, THE CITY’S ACCOUNTING PLAN AND EXPENSE SOLELY CAUSED BY LANDLORD’S NEGLIGENCE SHALL EXONERATE, INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY AND ALL LIABILITY OR MISCONDUCTDAMAGES INCLUDING PENALTIES RESULTING FROM FAILURE TO DO SO. IN ADDITION, TENANT HEREBY GBR AGREES TO INDEMNIFYKEEP, PROTECT, DEFEND, SAVE AND HOLD THE CITY HARMLESS LANDLORD FROM ANY AND ITS SHAREHOLDERSALL ACTIONS, LIABILITIES, DAMAGES, JUDGMENTS, COSTS AND EXPENSES INCLUDING REASONABLE ATTORNEY'S FEES, IN CASE AN ACTION IS FILED OR DOES IN ANY WAY ACCRUE AGAINST THE CITY, ITS' OFFICIALS, OFFICERS, EMPLOYEES, AGENTS (INCLUDING LANDLORD’S BUILDING MANAGER), DIRECTORS, ASSIGNS, MEMBERS AND MANAGERS, FROM AND AGAINST ALL LOSS, CLAIMS, DAMAGES AND EXPENSES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ATTRIBUTABLE IN WHOLE OR IN PART TO TENANT OR TENANT’S EMPLOYEES, SERVANTS, AGENTS, CONTRACTORS, LICENSEES OR INVITEES, BECAUSE OF DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, INCLUDING LOSS OF USE THEREOF, AND OR BECAUSE OF BODILY INJURY, SICKNESS OR DISEASE, OR DEATH SUSTAINED BY ANY PERSON, INCLUDING WORKER’S OCCUPATIONAL DISEASE, SCAFFOLDING, STRUCTURAL REGULATIONS TO THE EMPLOYMENT, HEALTH, SAFETY, OR WORKING CONDITIONS OF WORKMEN, ARISING OUT OF OR RELATING TO THE PERFORMANCE OF WORK BY TENANT, ITS CONTRACTORS OR SUBCONTRACTORS; ARISING OUT OF OR RELATING TO FAILURE, MALFUNCTION, INSTALLATION, REPAIR OR SERVICE OF ANY EQUIPMENT OR SERVICES FOR WHATEVER REASON OR CAUSE, INCLUDING THE LOSS OR INTERRUPTION OF DATA, VOICE, AND OTHER KINDS OF TRANSMISSIONS OF TENANT AND TENANT’S CUSTOMERS AND INCLUDING, IN ALL INSTANCES, INDIRECT OR CONSEQUENTIAL DAMAGES AND REASONABLE ATTORNEY’S FEES. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE AND IN OTHER PROVISIONS OF THIS LEASE SHALL SURVIVE THE TERMINATION OF THIS LEASE. IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT EMPLOYEES FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF CAUSATION. WITH RESPECT TO TORT CLAIMS AGAINST LANDLORD, LANDLORD SHALL NOT BE LIABLE TO TENANT OR TO ANY OTHER PERSON FOR ANY NEGLIGENT ACT OR OMISSION OF LANDLORD GBR RELATED TO THE PROVISION OF RETURN FLOWS MADE AVAILABLE UNDER THIS AGREEMENT OR THAT MAY RESULT FROM THE CARELESSNESS OR LACK OF ITS AGENTS SKILL OF GBR OR GBR’S AGENT(S), CONSULTANT(s), OR EMPLOYEES. 16.2 CITY SHALL COMPLY WITH THE REQUIREMENTS OF ALL APPLICABLE LAWS, RULES AND REGULATIONS AND SHALL, TO THE EXTENT ALLOWED BY LAW, EXONERATE, INDEMNIFY AND HOLD GBR HARMLESS FROM ANY AND ALL LIABILITY OR DAMAGES RESULTING FROM FAILURE TO DO SO. IN ADDITION, CITY AGREES TO KEEP, SAVE AND HOLD GBR HARMLESS FROM ANY AND ALL ACTIONS, LIABILITIES, DAMAGES, JUDGMENTS, COSTS AND EXPENSES INCLUDING REASONABLE ATTORNEY'S FEES, IN CASE AN ACTION IS FILED OR DOES IN ANY WAY ACCRUE AGAINST GBR, ITS' OFFICIALS, OFFICERS, AND EMPLOYEES FOR ANY NEGLIGENT ACT OR OTHERWISEOMISSION OF THE CITY RELATED TO THE PROVISION OF RETURN FLOWS MADE AVAILABLE UNDER THIS AGREEMENT OR THAT MAY RESULT FROM THE CARELESSNESS OR LACK OF SKILL OF THE CITY OR THE CITY’S AGENT(S), EXCEPT FOR ACTUAL DAMAGES OR COSTS INCURRED AS A DIRECT RESULT OF AND CAUSED DIRECTLY AND SOLELY BY THE MISCONDUCT OR NEGLIGENCE OF LANDLORD (OR OF LANDLORD’S AGENTS CONSULTANT(s), OR EMPLOYEES) IN CIRCUMSTANCES IN WHICH LANDLORD IS DEEMED TO BE LIABLE AT LAW FOR SUCH ACTS OR OMISSIONS AND SUCH LIABILITY CANNOT BE WAIVED BY TENANT. NOTHING CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL EVER BE CONSTRUED AS CREATING LIABILITY IN EXCESS OF THAT EXISTING AT LAW OR, IN ANY EVENT, INCREASING THE LIABILITY OF LANDLORD, UNDER ANY THEORY OR CAUSE OF ACTION, HOWEVER DENOMINATED, FROM THAT EXISTING AT LAW.

Indemnity/Hold Harmless. EXCEPT FOR LOSSTO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS AND EXPENSE SOLELY CAUSED BY LANDLORD’S NEGLIGENCE OR MISCONDUCT, TENANT HEREBY CUSTOMER AGREES TO INDEMNIFY, PROTECT, DEFENDDEFEND AND HOLD BIG COUNTRY EQUIPMENT RENTAL AND SALES, AND HOLD HARMLESS LANDLORD AND ANY OF ITS SHAREHOLDERS, RESPECTIVE OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, AGENTS (INCLUDING LANDLORD’S BUILDING MANAGER)AND AFFILIATES, DIRECTORSPARENTS AND SUBSIDIARIES, ASSIGNS, MEMBERS AND MANAGERS, HARMLESS FROM AND AGAINST ANY AND ALL LOSSLIABILITY, CLAIMS, DAMAGES AND EXPENSESLOSS, INCLUDING WITHOUT LIMITATION ANY LOSS DAMAGE OR DAMAGE ATTRIBUTABLE IN WHOLE OR IN PART TO TENANT OR TENANT’S EMPLOYEESCOSTS (INCLUDING, SERVANTS, AGENTS, CONTRACTORS, LICENSEES OR INVITEES, BECAUSE OF DAMAGE BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF PROPERTYATTORNEYS’ FEES, INCLUDING LOSS OF USE THEREOFPROFIT, AND BUSINESS INTERRUPTION OR BECAUSE OF OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY, SICKNESS INJURY OR DISEASE, OR DEATH SUSTAINED BY ANY PERSON, INCLUDING WORKER’S OCCUPATIONAL DISEASE, SCAFFOLDING, STRUCTURAL REGULATIONS DAMAGES RELATING TO THE EMPLOYMENT, HEALTH, SAFETY, OR WORKING CONDITIONS OF WORKMEN, WRONGFUL DEATH) ARISING OUT OF OR RELATING RELATED TO THE PERFORMANCE OPERATION, USE, POSSESSION OR RENTAL OF WORK BY TENANTTHE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST BIG COUNTRY EQUIPMENT RENTAL AND SALES BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, ITS CONTRACTORS OR SUBCONTRACTORS; ARISING OUT OF OR RELATING TO FAILURE, MALFUNCTION, INSTALLATION, REPAIR OR SERVICE OF ANY EQUIPMENT OR SERVICES FOR WHATEVER REASON OR CAUSE, INCLUDING THE LOSS OR INTERRUPTION OF DATA, VOICE, AND OTHER KINDS OF TRANSMISSIONS OF TENANT AND TENANT’S CUSTOMERS AND INCLUDING, IN ALL INSTANCES, INDIRECT OR CONSEQUENTIAL DAMAGES AND REASONABLE ATTORNEY’S FEES. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE AND IN OTHER PROVISIONS OF THIS LEASE SHALL SURVIVE THE TERMINATION OF THIS LEASE. IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF CAUSATION. WITH RESPECT TO TORT CLAIMS AGAINST LANDLORD, LANDLORD CUSTOMER SHALL NOT BE LIABLE OBLIGATED TO TENANT INDEMNIFY BIG COUNTRY EQUIPMENT RENTAL AND SALES FOR THAT PART OF ANY LOSS, DAMAGE OR TO ANY OTHER PERSON FOR ANY ACT OR OMISSION OF LANDLORD OR OF ITS AGENTS OR EMPLOYEES, NEGLIGENT OR OTHERWISE, EXCEPT FOR ACTUAL DAMAGES OR COSTS INCURRED AS A DIRECT RESULT OF AND LIABILITY CAUSED DIRECTLY AND SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF LANDLORD (OR BIG COUNTRY EQUIPMENT RENTAL AND SALES. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF LANDLORD’S AGENTS OR EMPLOYEES) THE INDEMNITY PROVISIONS IN CIRCUMSTANCES IN WHICH LANDLORD IS DEEMED THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO BE LIABLE AT LAW FOR SUCH ACTS OR OMISSIONS AND SUCH LIABILITY CANNOT BE WAIVED BY TENANT. NOTHING CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE INDEMNIFY SHALL EVER BE CONSTRUED AS CREATING LIABILITY IN EXCESS OF THAT EXISTING AT LAW OR, NOT IN ANY EVENT, INCREASING WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE LIABILITY DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF LANDLORD, UNDER ANY THEORY OR CAUSE OF ACTION, HOWEVER DENOMINATED, FROM THAT EXISTING AT LAWTHE RENTAL AGREEMENT.

Indemnity/Hold Harmless. EXCEPT FOR LOSSTO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS AND EXPENSE SOLELY CAUSED BY LANDLORD’S NEGLIGENCE OR MISCONDUCT, TENANT HEREBY CUSTOMER AGREES TO INDEMNIFY, PROTECT, DEFENDDEFEND AND HOLD OPIFEX, AND HOLD HARMLESS LANDLORD AND ANY OF ITS SHAREHOLDERSRESPECTIVEOFFICERS, OFFICERSAGENTS, SERVANTS, OR EMPLOYEES, AGENTS (INCLUDING LANDLORD’S BUILDING MANAGER)AND AFFILIATES, DIRECTORSPARENTS AND SUBSIDIARIES, ASSIGNS, MEMBERS AND MANAGERS, HARMLESS FROM AND AGAINST ALL LOSSANYANDALL LIABILITY, CLAIMS, DAMAGES AND EXPENSESLOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ATTRIBUTABLE IN WHOLE OR IN PART TO TENANT OR TENANT’S EMPLOYEESDAMAGEOR COSTS (INCLUDING, SERVANTS, AGENTS, CONTRACTORS, LICENSEES OR INVITEES, BECAUSE OF DAMAGE BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF PROPERTYATTORNEYS’ FEES, INCLUDING LOSS OF USE THEREOFPROFIT, AND BUSINESS INTERRUPTION OR BECAUSE OF BODILY INJURYOTHER SPECIAL OR CONSEQUENTIAL DAMAGES, SICKNESS OR DISEASEDAMAGES RELATING TO PROPERTY DAMAGE, BODILYINJURY, OR DEATH SUSTAINED BY ANY PERSON, INCLUDING WORKER’S OCCUPATIONAL DISEASE, SCAFFOLDING, STRUCTURAL REGULATIONS DAMAGES RELATING TO THE EMPLOYMENT, HEALTH, SAFETY, OR WORKING CONDITIONS OF WORKMEN, WRONGFUL DEATH) ARISING OUT OF OR RELATING RELATED TO THE PERFORMANCE OPERATION, USE, POSSESSION OR RENTAL OF WORK BY TENANTTHE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST OPIFEX BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, ITS CONTRACTORS OR SUBCONTRACTORS; ARISING OUT OF OR RELATING TO FAILURE, MALFUNCTION, INSTALLATION, REPAIR OR SERVICE OF ANY EQUIPMENT OR SERVICES FOR WHATEVER REASON OR CAUSE, INCLUDING THE LOSS OR INTERRUPTION OF DATA, VOICE, AND OTHER KINDS OF TRANSMISSIONS OF TENANT AND TENANT’S CUSTOMERS AND INCLUDING, IN ALL INSTANCES, INDIRECT OR CONSEQUENTIAL DAMAGES AND REASONABLE ATTORNEY’S FEES. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE AND IN OTHER PROVISIONS OF THIS LEASE SHALL SURVIVE THE TERMINATION OF THIS LEASE. IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF CAUSATION. WITH RESPECT TO TORT CLAIMS AGAINST LANDLORD, LANDLORD CUSTOMER SHALL NOT BE LIABLE OBLIGATED TO TENANT INDEMNIFY OPIFEX FOR THAT PART OF ANY LOSS, DAMAGE OR TO ANY OTHER PERSON FOR ANY ACT OR OMISSION OF LANDLORD OR OF ITS AGENTS OR EMPLOYEES, NEGLIGENT OR OTHERWISE, EXCEPT FOR ACTUAL DAMAGES OR COSTS INCURRED AS A DIRECT RESULT OF AND LIABILITY CAUSED DIRECTLY AND SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF LANDLORD (OR OPIFEX. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF LANDLORD’S AGENTS OR EMPLOYEES) THE INDEMNITY PROVISIONS IN CIRCUMSTANCES IN WHICH LANDLORD IS DEEMED TO BE LIABLE AT LAW FOR SUCH ACTS OR OMISSIONS THIS AGREEMENT, CUSTOMER EXPRESSLY AND SUCH LIABILITY CANNOT BE WAIVED BY TENANT. NOTHING CONTAINED IN SPECIFICALLY AGREES THAT THE IMMEDIATELY PRECEDING SENTENCE FOREGOINGOBLIGATIONTO INDEMNIFY SHALL EVER BE CONSTRUED AS CREATING LIABILITY IN EXCESS OF THAT EXISTING AT LAW OR, NOT IN ANY EVENT, INCREASING WAY BE AFFECTED ORDIMINISHED BYANYSTATUTORYOR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE LIABILITY DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF LANDLORD, UNDER ANY THEORY OR CAUSE OF ACTION, HOWEVER DENOMINATED, FROM THAT EXISTING AT LAWTHE CONTRACT.

Indemnity/Hold Harmless. EXCEPT FOR LOSSTO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS AND EXPENSE SOLELY CAUSED BY LANDLORD’S NEGLIGENCE OR MISCONDUCT, TENANT HEREBY CUSTOMER AGREES TO INDEMNIFY, PROTECTDEFEND AND HOLD SAVANT, DEFENDITS AFFILIATES, PARENTS AND SUBSIDIARIES, AND HOLD HARMLESS LANDLORD AND ITS SHAREHOLDERSTHEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES, AGENTS (INCLUDING LANDLORD’S BUILDING MANAGER), DIRECTORS, ASSIGNS, MEMBERS AND MANAGERS, HARMLESS FROM AND AGAINST ANY AND ALL LOSSLIABILITY, CLAIMS, DAMAGES AND EXPENSESLOSS, INCLUDING WITHOUT LIMITATION ANY LOSS DAMAGE OR DAMAGE ATTRIBUTABLE IN WHOLE OR IN PART TO TENANT OR TENANT’S EMPLOYEESCOSTS (INCLUDING, SERVANTS, AGENTS, CONTRACTORS, LICENSEES OR INVITEES, BECAUSE OF DAMAGE BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF PROPERTYATTORNEYS FEES, INCLUDING LOSS OF USE THEREOFPROFIT, AND BUSINESS INTERRUPTION OR BECAUSE OF OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY, SICKNESS OR DISEASE, OR DEATH SUSTAINED BY ANY PERSON, INCLUDING WORKER’S OCCUPATIONAL DISEASE, SCAFFOLDING, STRUCTURAL REGULATIONS DAMAGES RELATING TO THE EMPLOYMENT, HEALTH, SAFETY, OR WORKING CONDITIONS OF WORKMEN, WRONGFUL DEATH) ARISING OUT OF OR RELATING RELATED TO CUSTOMER’S TRANSPORTATION, OPERATION, USE, POSSESSION OR RENTAL OF THE PERFORMANCE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST SAVANT BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF WORK BY TENANTACTION. HOWEVER, ITS CONTRACTORS OR SUBCONTRACTORS; ARISING OUT OF OR RELATING TO FAILURE, MALFUNCTION, INSTALLATION, REPAIR OR SERVICE OF ANY EQUIPMENT OR SERVICES FOR WHATEVER REASON OR CAUSE, INCLUDING THE LOSS OR INTERRUPTION OF DATA, VOICE, AND OTHER KINDS OF TRANSMISSIONS OF TENANT AND TENANT’S CUSTOMERS AND INCLUDING, IN ALL INSTANCES, INDIRECT OR CONSEQUENTIAL DAMAGES AND REASONABLE ATTORNEY’S FEES. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE AND IN OTHER PROVISIONS OF THIS LEASE SHALL SURVIVE THE TERMINATION OF THIS LEASE. IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF CAUSATION. WITH RESPECT TO TORT CLAIMS AGAINST LANDLORD, LANDLORD CUSTOMER SHALL NOT BE LIABLE OBLIGATED TO TENANT INDEMNIFY SAVANT FOR THAT PART OF ANY LOSS, DAMAGE OR TO ANY OTHER PERSON FOR ANY ACT OR OMISSION OF LANDLORD OR OF ITS AGENTS OR EMPLOYEES, NEGLIGENT OR OTHERWISE, EXCEPT FOR ACTUAL DAMAGES OR COSTS INCURRED AS A DIRECT RESULT OF AND LIABILITY CAUSED DIRECTLY AND SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF LANDLORD (OR SAVANT. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF LANDLORD’S AGENTS OR EMPLOYEES) THE INDEMNITY PROVISIONS IN CIRCUMSTANCES IN WHICH LANDLORD IS DEEMED THIS RENTAL AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO BE LIABLE AT LAW FOR SUCH ACTS OR OMISSIONS AND SUCH LIABILITY CANNOT BE WAIVED BY TENANT. NOTHING CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE INDEMNIFY SHALL EVER BE CONSTRUED AS CREATING LIABILITY IN EXCESS OF THAT EXISTING AT LAW OR, NOT IN ANY EVENT, INCREASING WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE LIABILITY DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF LANDLORD, UNDER ANY THEORY OR CAUSE OF ACTION, HOWEVER DENOMINATED, FROM THAT EXISTING AT LAWTHE CONTRACT.

Indemnity/Hold Harmless. EXCEPT FOR LOSSTO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS AND EXPENSE SOLELY CAUSED BY LANDLORD’S NEGLIGENCE OR MISCONDUCT, TENANT HEREBY CUSTOMER AGREES TO INDEMNIFY, PROTECT, DEFENDDEFEND AND HOLD UNITED, AND HOLD HARMLESS LANDLORD AND ANY OF ITS SHAREHOLDERS, RESPECTIVE OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, AGENTS (INCLUDING LANDLORD’S BUILDING MANAGER)AND AFFILIATES, DIRECTORSPARENTS AND SUBSIDIARIES, ASSIGNS, MEMBERS AND MANAGERS, HARMLESS FROM AND AGAINST ANY AND ALL LOSSLIABILITY, CLAIMS, DAMAGES AND EXPENSESLOSS, INCLUDING WITHOUT LIMITATION ANY LOSS DAMAGE OR DAMAGE ATTRIBUTABLE IN WHOLE OR IN PART TO TENANT OR TENANT’S EMPLOYEESCOSTS (INCLUDING, SERVANTS, AGENTS, CONTRACTORS, LICENSEES OR INVITEES, BECAUSE OF DAMAGE BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF PROPERTYATTORNEYS’ FEES, INCLUDING LOSS OF USE THEREOFPROFIT, AND BUSINESS INTERRUPTION OR BECAUSE OF OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY, SICKNESS OR DISEASE, OR DEATH SUSTAINED BY ANY PERSON, INCLUDING WORKER’S OCCUPATIONAL DISEASE, SCAFFOLDING, STRUCTURAL REGULATIONS DAMAGES RELATING TO THE EMPLOYMENT, HEALTH, SAFETY, OR WORKING CONDITIONS OF WORKMEN, WRONGFUL DEATH) ARISING OUT OF OR RELATING RELATED TO THE PERFORMANCE OPERATION, USE, POSSESSION OR RENTAL OF WORK BY TENANTTHE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST UNITED BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, ITS CONTRACTORS OR SUBCONTRACTORS; ARISING OUT OF OR RELATING TO FAILURE, MALFUNCTION, INSTALLATION, REPAIR OR SERVICE OF ANY EQUIPMENT OR SERVICES FOR WHATEVER REASON OR CAUSE, INCLUDING THE LOSS OR INTERRUPTION OF DATA, VOICE, AND OTHER KINDS OF TRANSMISSIONS OF TENANT AND TENANT’S CUSTOMERS AND INCLUDING, IN ALL INSTANCES, INDIRECT OR CONSEQUENTIAL DAMAGES AND REASONABLE ATTORNEY’S FEES. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE AND IN OTHER PROVISIONS OF THIS LEASE SHALL SURVIVE THE TERMINATION OF THIS LEASE. IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF CAUSATION. WITH RESPECT TO TORT CLAIMS AGAINST LANDLORD, LANDLORD CUSTOMER SHALL NOT BE LIABLE OBLIGATED TO TENANT INDEMNIFY UNITED FOR THAT PART OF ANY LOSS, DAMAGE OR TO ANY OTHER PERSON FOR ANY ACT OR OMISSION OF LANDLORD OR OF ITS AGENTS OR EMPLOYEES, NEGLIGENT OR OTHERWISE, EXCEPT FOR ACTUAL DAMAGES OR COSTS INCURRED AS A DIRECT RESULT OF AND LIABILITY CAUSED DIRECTLY AND SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF LANDLORD (OR UNITED. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF LANDLORD’S AGENTS OR EMPLOYEES) THE INDEMNITY PROVISIONS IN CIRCUMSTANCES IN WHICH LANDLORD IS DEEMED THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO BE LIABLE AT LAW FOR SUCH ACTS OR OMISSIONS AND SUCH LIABILITY CANNOT BE WAIVED BY TENANT. NOTHING CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE INDEMNIFY SHALL EVER BE CONSTRUED AS CREATING LIABILITY IN EXCESS OF THAT EXISTING AT LAW OR, NOT IN ANY EVENT, INCREASING WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE LIABILITY DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF LANDLORD, UNDER ANY THEORY OR CAUSE OF ACTION, HOWEVER DENOMINATED, FROM THAT EXISTING AT LAWTHE CONTRACT.

Indemnity/Hold Harmless. EXCEPT FOR LOSSTO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS AND EXPENSE SOLELY CAUSED BY LANDLORD’S NEGLIGENCE OR MISCONDUCT, TENANT HEREBY CUSTOMER AGREES TO INDEMNIFY, PROTECT, DEFENDDEFEND AND HOLD XxXXXX, AND HOLD HARMLESS LANDLORD AND ANY OF ITS SHAREHOLDERS, RESPECTIVE OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AGENTS (INCLUDING LANDLORD’S BUILDING MANAGER)AND AFFILIATES, DIRECTORSPARENTS AND SUBSIDIARIES, ASSIGNS, MEMBERS AND MANAGERS, HARMLESS FROM AND AGAINST ANY AND ALL LOSSLIABILITY, CLAIMS, DAMAGES AND EXPENSESLOSS, INCLUDING WITHOUT LIMITATION ANY LOSS DAMAGE OR DAMAGE ATTRIBUTABLE IN WHOLE OR IN PART TO TENANT OR TENANT’S EMPLOYEESCOSTS (INCLUDING, SERVANTS, AGENTS, CONTRACTORS, LICENSEES OR INVITEES, BECAUSE OF DAMAGE BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF PROPERTYLEGAL FEES, INCLUDING LOSS OF USE THEREOFPROFIT, AND BUSINESS INTERRUPTION OR BECAUSE OF OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY, SICKNESS INJURY OR DISEASE, OR DEATH SUSTAINED BY ANY PERSON, INCLUDING WORKER’S OCCUPATIONAL DISEASE, SCAFFOLDING, STRUCTURAL REGULATIONS DAMAGES RELATING TO THE EMPLOYMENT, HEALTH, SAFETY, OR WORKING CONDITIONS OF WORKMEN, WRONGFUL DEATH) ARISING OUT OF OR RELATING RELATED TO THE PERFORMANCE OPERATION, USE, POSSESSION OR RENTAL OF WORK BY TENANTTHE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST XxXXXX BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, ITS CONTRACTORS OR SUBCONTRACTORS; ARISING OUT OF OR RELATING TO FAILURE, MALFUNCTION, INSTALLATION, REPAIR OR SERVICE OF ANY EQUIPMENT OR SERVICES FOR WHATEVER REASON OR CAUSE, INCLUDING THE LOSS OR INTERRUPTION OF DATA, VOICE, AND OTHER KINDS OF TRANSMISSIONS OF TENANT AND TENANT’S CUSTOMERS AND INCLUDING, IN ALL INSTANCES, INDIRECT OR CONSEQUENTIAL DAMAGES AND REASONABLE ATTORNEY’S FEES. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE AND IN OTHER PROVISIONS OF THIS LEASE SHALL SURVIVE THE TERMINATION OF THIS LEASE. IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF CAUSATION. WITH RESPECT TO TORT CLAIMS AGAINST LANDLORD, LANDLORD CUSTOMER SHALL NOT BE LIABLE OBLIGATED TO TENANT INDEMNIFY XxXXXX FOR THAT PART OF ANY LOSS, DAMAGE OR TO ANY OTHER PERSON FOR ANY ACT OR OMISSION OF LANDLORD OR OF ITS AGENTS OR EMPLOYEES, NEGLIGENT OR OTHERWISE, EXCEPT FOR ACTUAL DAMAGES OR COSTS INCURRED AS A DIRECT RESULT OF AND LIABILITY CAUSED DIRECTLY AND SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF LANDLORD (OR XxXXXX. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF LANDLORD’S AGENTS OR EMPLOYEES) THE INDEMNITY PROVISIONS IN CIRCUMSTANCES IN WHICH LANDLORD IS DEEMED THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO BE LIABLE AT LAW FOR SUCH ACTS OR OMISSIONS AND SUCH LIABILITY CANNOT BE WAIVED BY TENANT. NOTHING CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE INDEMNIFY SHALL EVER BE CONSTRUED AS CREATING LIABILITY IN EXCESS OF THAT EXISTING AT LAW OR, NOT IN ANY EVENT, INCREASING WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE LIABILITY DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF LANDLORD, UNDER ANY THEORY OR CAUSE OF ACTION, HOWEVER DENOMINATED, FROM THAT EXISTING AT LAWTHE RENTAL AGREEMENT.

Indemnity/Hold Harmless. EXCEPT FOR LOSS7.1 TO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS AND EXPENSE SOLELY CAUSED BY LANDLORD’S NEGLIGENCE OR MISCONDUCT, TENANT HEREBY XXXXXX AGREES TO INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS LANDLORD XXXXXXXXXXX, AND ANY OF ITS SHAREHOLDERS, RESPECTIVE OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES, AGENTS (INCLUDING LANDLORD’S BUILDING MANAGER)AND AFFILIATES, DIRECTORSPARENTS, ASSIGNSAND SUBSIDIARIES, MEMBERS AND MANAGERS, HARMLESS FROM AND AGAINST ANY AND ALL LOSSLIABILITY, CLAIMS, DAMAGES AND EXPENSESLOSS, INCLUDING WITHOUT LIMITATION ANY LOSS DAMAGE, OR DAMAGE ATTRIBUTABLE IN WHOLE OR IN PART TO TENANT OR TENANT’S EMPLOYEESCOSTS (INCLUDING, SERVANTS, AGENTS, CONTRACTORS, LICENSEES OR INVITEES, BECAUSE OF DAMAGE BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF PROPERTYATTORNEYS’ FEES, INCLUDING LOSS OF USE THEREOFPROFIT, AND BUSINESS INTERRUPTION, OR BECAUSE OF OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY, SICKNESS OR DISEASE, OR DEATH SUSTAINED BY ANY PERSON, INCLUDING WORKER’S OCCUPATIONAL DISEASE, SCAFFOLDING, STRUCTURAL REGULATIONS DAMAGES RELATING TO THE EMPLOYMENT, HEALTH, SAFETY, OR WORKING CONDITIONS OF WORKMEN, WRONGFUL DEATH) ARISING OUT OF OR RELATING RELATED IN ANY WAY TO THE PERFORMANCE OF WORK BY TENANT, ITS CONTRACTORS OR SUBCONTRACTORS; ARISING OUT OF OR RELATING TO FAILURE, MALFUNCTION, (A) INSTALLATION, REPAIR OPERATION, HANDLING, USE, TRANSPORTATION, POSSESSION, OR SERVICE RENTAL OF THE EQUIPMENT OR SERVICES, (B) ERRORS, OMISSIONS, OR INACCURACIES IN THE DOCUMENTS OR OTHER INFORMATION PROVIDED BY XXXXXX, OR OBTAINED FROM OTHERS, UPON WHICH XXXXXXXXXXX RELIES WHEN PROVIDING THE EQUIPMENT OR SERVICES, AND (C) BREACH BY LESSEE OF ANY EQUIPMENT TERM OF THE AGREEMENT OR SERVICES FOR WHATEVER REASON ANY OF ITS REPRESENTATIONS OR CAUSE, INCLUDING WARRANTIES UNDER THE LOSS AGREEMENT. 7.2 LESSEE’S OBLIGATIONS UNDER SECTION 7.1 ALSO APPLY TO ANY CLAIMS ASSERTED AGAINST XXXXXXXXXXX BASED ON STRICT OR INTERRUPTION PRODUCT LIABILITY CAUSES OF DATA, VOICE, AND OTHER KINDS OF TRANSMISSIONS OF TENANT AND TENANT’S CUSTOMERS AND INCLUDING, IN ALL INSTANCES, INDIRECT OR CONSEQUENTIAL DAMAGES AND REASONABLE ATTORNEY’S FEES. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE AND IN OTHER PROVISIONS OF THIS LEASE SHALL SURVIVE THE TERMINATION OF THIS LEASE. IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF CAUSATION. WITH RESPECT TO TORT CLAIMS AGAINST LANDLORD, LANDLORD ACTION. 7.3 LESSEE SHALL NOT BE LIABLE OBLIGATED TO TENANT INDEMNIFY XXXXXXXXXXX FOR THAT PART OF ANY LOSS, DAMAGE, OR TO ANY OTHER PERSON FOR ANY ACT OR OMISSION OF LANDLORD OR OF ITS AGENTS OR EMPLOYEES, NEGLIGENT OR OTHERWISE, EXCEPT FOR ACTUAL DAMAGES OR COSTS INCURRED AS A DIRECT RESULT OF AND LIABILITY CAUSED DIRECTLY AND SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF LANDLORD (OR XXXXXXXXXXX. 7.4 IN FURTHERANCE, BUT NOT IN LIMITATION, OF LANDLORD’S AGENTS OR EMPLOYEES) THE INDEMNITY PROVISIONS IN CIRCUMSTANCES IN WHICH LANDLORD IS DEEMED THIS AGREEMENT, LESSEE EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATIONS TO BE LIABLE AT LAW FOR SUCH ACTS OR OMISSIONS AND SUCH LIABILITY CANNOT BE WAIVED BY TENANT. NOTHING CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE SHALL EVER BE CONSTRUED AS CREATING LIABILITY IN EXCESS OF THAT EXISTING AT LAW OR, INDEMNIFY WILL NOT IN ANY EVENT, INCREASING WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY LESSEE MAY HAVE FROM CLAIMS OR SUITS BY ITS OWN EMPLOYEES. 7.5 THE LIABILITY DUTIES TO DEFEND AND INDEMNIFY IN THIS AGREEMENT WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF LANDLORD, UNDER ANY THEORY OR CAUSE OF ACTION, HOWEVER DENOMINATED, FROM THAT EXISTING AT LAWTHE AGREEMENT.

Indemnity/Hold Harmless. EXCEPT FOR LOSSA. TO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS AND EXPENSE SOLELY CAUSED BY LANDLORD’S NEGLIGENCE OR MISCONDUCT, TENANT HEREBY CUSTOMER AGREES TO INDEMNIFY, PROTECT, DEFENDDEFEND AND HOLD RentX, AND HOLD HARMLESS LANDLORD AND ALL OF ITS SHAREHOLDERS, RESPECTIVE OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, AGENTS (INCLUDING LANDLORD’S BUILDING MANAGER)AND AFFILIATES, DIRECTORSPARENTS AND SUBSIDIARIES, ASSIGNS, MEMBERS AND MANAGERS, HARMLESS FROM AND AGAINST ANY AND ALL LOSSLIABILITY, CLAIMS, DAMAGES AND EXPENSESLOSS, INCLUDING WITHOUT LIMITATION ANY LOSS DAMAGE OR DAMAGE ATTRIBUTABLE IN WHOLE OR IN PART TO TENANT OR TENANT’S EMPLOYEESCOSTS (INCLUDING, SERVANTS, AGENTS, CONTRACTORS, LICENSEES OR INVITEES, BECAUSE OF DAMAGE BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF PROPERTYLEGAL FEES, INCLUDING LOSS OF USE THEREOFPROFIT, AND BUSINESS INTERRUPTION OR BECAUSE OF OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY, SICKNESS INJURY OR DISEASE, OR DEATH SUSTAINED BY ANY PERSON, INCLUDING WORKER’S OCCUPATIONAL DISEASE, SCAFFOLDING, STRUCTURAL REGULATIONS DAMAGES RELATING TO THE EMPLOYMENT, HEALTH, SAFETY, OR WORKING CONDITIONS OF WORKMEN, WRONGFUL DEATH) ARISING OUT OF OR RELATING RELATED TO THE PERFORMANCE OF WORK BY TENANT, ITS CONTRACTORS OR SUBCONTRACTORS; ARISING OUT OF OR RELATING TO FAILURE, MALFUNCTION, (A) INSTALLATION, REPAIR OPERATION, USE, ALTERATION, MODIFICATION, REMOVAL, POSSESSION OR SERVICE RENTAL OF THE EQUIPMENT, OR (B) ERRORS, OMISSIONS, INACCURACIES OR MISREPRESENTATIONS (WHETHER INTENTIONAL OR INADVERTENT) IN THE DOCUMENTS OR OTHER INFORMATION PROVIDED BY CUSTOMER, OR OBTAINED FROM OTHERS (INCLUDING ANY EQUIPMENT THIRD-PARTY DOCUMENTS OR SERVICES FOR WHATEVER REASON DOCUMENTATION), UPON WHICH RENTX RELIES WHEN PROVIDING THE EQUIPMENT. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST RENTX BASED UPON STRICT OR CAUSEPRODUCT LIABILITY CAUSES OF ACTION. HOWEVER, INCLUDING THE LOSS OR INTERRUPTION OF DATA, VOICE, AND OTHER KINDS OF TRANSMISSIONS OF TENANT AND TENANT’S CUSTOMERS AND INCLUDING, IN ALL INSTANCES, INDIRECT OR CONSEQUENTIAL DAMAGES AND REASONABLE ATTORNEY’S FEES. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE AND IN OTHER PROVISIONS OF THIS LEASE SHALL SURVIVE THE TERMINATION OF THIS LEASE. IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF CAUSATION. WITH RESPECT TO TORT CLAIMS AGAINST LANDLORD, LANDLORD CUSTOMER SHALL NOT BE LIABLE OBLIGATED TO TENANT INDEMNIFY RENTX FOR THAT PART OF ANY LOSS, DAMAGE OR TO ANY OTHER PERSON FOR ANY ACT OR OMISSION OF LANDLORD OR OF ITS AGENTS OR EMPLOYEES, NEGLIGENT OR OTHERWISE, EXCEPT FOR ACTUAL DAMAGES OR COSTS INCURRED AS A DIRECT RESULT OF AND LIABILITY CAUSED DIRECTLY AND SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF LANDLORD (OR RENTX. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF LANDLORD’S AGENTS OR EMPLOYEES) THE INDEMNITY PROVISIONS IN CIRCUMSTANCES IN WHICH LANDLORD IS DEEMED THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO BE LIABLE AT LAW FOR SUCH ACTS OR OMISSIONS AND SUCH LIABILITY CANNOT BE WAIVED BY TENANT. NOTHING CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE INDEMNIFY SHALL EVER BE CONSTRUED AS CREATING LIABILITY IN EXCESS OF THAT EXISTING AT LAW OR, NOT IN ANY EVENT, INCREASING WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE LIABILITY DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF LANDLORD, UNDER ANY THEORY OR CAUSE OF ACTION, HOWEVER DENOMINATED, FROM THAT EXISTING AT LAWTHE AGREEMENT.

Indemnity/Hold Harmless. EXCEPT FOR LOSSTO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS AND EXPENSE SOLELY CAUSED BY LANDLORD’S NEGLIGENCE OR MISCONDUCT, TENANT HEREBY CUSTOMER AGREES TO INDEMNIFY, PROTECTDEFEND AND HOLD AVID INDUSTRIAL MAINTENANCE INC. AND ANY OF ITS RESPECTIVE OFFICERS, DEFENDAGENTS, SERVANTS OR EMPLOYEES, AND HOLD AFFILIATES, PARENTS AND SUBSIDIARIES, HARMLESS LANDLORD AND ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS (INCLUDING LANDLORD’S BUILDING MANAGER), DIRECTORS, ASSIGNS, MEMBERS AND MANAGERS, FROM AND AGAINST ANY AND ALL LOSSLIABILITY, CLAIMS, DAMAGES AND EXPENSESLOSS, INCLUDING WITHOUT LIMITATION ANY LOSS DAMAGE OR DAMAGE ATTRIBUTABLE IN WHOLE OR IN PART TO TENANT OR TENANT’S EMPLOYEESCOSTS (INCLUDING, SERVANTS, AGENTS, CONTRACTORS, LICENSEES OR INVITEES, BECAUSE OF DAMAGE BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF PROPERTYLEGAL FEES, INCLUDING LOSS OF USE THEREOFPROFIT, AND BUSINESS INTERRUPTION OR BECAUSE OF OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY, SICKNESS INJURY OR DISEASE, OR DEATH SUSTAINED BY ANY PERSON, INCLUDING WORKER’S OCCUPATIONAL DISEASE, SCAFFOLDING, STRUCTURAL REGULATIONS DAMAGES RELATING TO THE EMPLOYMENT, HEALTH, SAFETY, OR WORKING CONDITIONS OF WORKMEN, WRONGFUL DEATH) ARISING OUT OF OR RELATING RELATED TO THE PERFORMANCE OF WORK BY TENANT, ITS CONTRACTORS OR SUBCONTRACTORS; ARISING OUT OF OR RELATING TO FAILURE, MALFUNCTION, (A) INSTALLATION, REPAIR OPERATION, USE, POSSESSION OR SERVICE RENTAL OF ANY THE EQUIPMENT, OR (B) ERRORS, OMISSIONS, INACCURACIES OR MISREPRESENTATIONS (WHETHER INTENTIONAL OR INADVERTANT) IN THE DOCUMENTS OR OTHER INFORMATION PROVIDED BY CUSTOMER, OR OBTAINED FROM OTHERS, UPON WHICH AVID INDUSTRIAL MAINTENANCE INC. RELIES WHEN PROVIDING THE EQUIPMENT OR SERVICES FOR WHATEVER REASON SERVICES. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST AVID INDUSTRIAL MAINTENANCE INC. BASED UPON STRICT OR CAUSEPRODUCT LIABILITY CAUSE OF ACTION. HOWEVER, INCLUDING THE LOSS OR INTERRUPTION OF DATA, VOICE, AND OTHER KINDS OF TRANSMISSIONS OF TENANT AND TENANT’S CUSTOMERS AND INCLUDING, IN ALL INSTANCES, INDIRECT OR CONSEQUENTIAL DAMAGES AND REASONABLE ATTORNEY’S FEES. THE INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS DESCRIBED IN THIS ARTICLE AND IN OTHER PROVISIONS OF THIS LEASE SHALL SURVIVE THE TERMINATION OF THIS LEASE. IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES REGARDLESS OF CAUSATION. WITH RESPECT TO TORT CLAIMS AGAINST LANDLORD, LANDLORD CUSTOMER SHALL NOT BE LIABLE OBLIGATED TO TENANT INDEMNIFY AVID INDUSTRIAL MAINTENANCE INC. FOR THAT PART OF ANY LOSS, DAMAGE OR TO ANY OTHER PERSON FOR ANY ACT OR OMISSION OF LANDLORD OR OF ITS AGENTS OR EMPLOYEES, NEGLIGENT OR OTHERWISE, EXCEPT FOR ACTUAL DAMAGES OR COSTS INCURRED AS A DIRECT RESULT OF AND LIABILITY CAUSED DIRECTLY AND SOLELY BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF LANDLORD (OR AVID INDUSTRIAL MAINTENANCE INC. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF LANDLORD’S AGENTS OR EMPLOYEES) THE INDEMNITY PROVISIONS IN CIRCUMSTANCES IN WHICH LANDLORD IS DEEMED THIS AGREEMENT, CUSTOMER EXPRESSLY AND SPECIFICALLY AGREES THAT THE FOREGOING OBLIGATION TO BE LIABLE AT LAW FOR SUCH ACTS OR OMISSIONS AND SUCH LIABILITY CANNOT BE WAIVED BY TENANT. NOTHING CONTAINED IN THE IMMEDIATELY PRECEDING SENTENCE INDEMNIFY SHALL EVER BE CONSTRUED AS CREATING LIABILITY IN EXCESS OF THAT EXISTING AT LAW OR, NOT IN ANY EVENT, INCREASING WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY CUSTOMER ENJOYS FROM SUITS BY ITS OWN EMPLOYEES. THE LIABILITY DUTY TO INDEMNIFY WILL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE EXPIRATION OR EARLY TERMINATION OF LANDLORD, UNDER ANY THEORY OR CAUSE OF ACTION, HOWEVER DENOMINATED, FROM THAT EXISTING AT LAWTHE AGREEMENT.