Common use of Landlord’s Non-liability; Indemnification of Landlord Clause in Contracts

Landlord’s Non-liability; Indemnification of Landlord. Except for Landlord’s negligence or willful misconduct, Landlord shall not be liable for any loss, damage or injury of any kind or character to any person or property, arising from any use of the Premises, or any part thereof, or caused by any defect in any improvements located on the Premises, or any part thereof, or in any equipment or other facility therein (except as provided in Section 5.0 above), or caused by or arising from any act or omission of Tenant, or of any subtenants, agents, employees, contractors, subcontractors, licensees, or invitees of Tenant, or arising out of any work or alterations performed by Tenant or any subtenant, or by or from any accident on the Premises, or any part thereof, or any fire or other casualty thereon, or occasioned by the failure of Tenant to maintain the Premises, or any part thereof, in safe condition. Except to the extent of Landlord’s negligence or willful misconduct, Tenant agrees to pay, and to protect, indemnify, and save harmless Landlord from and against any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from (i) any injury to or the death of, any person, or damage to property, in, on or about the Premises, or any part thereof or connected with the use, nonuse, condition, or occupation of the Premises, or any part thereof; (ii) violation by Tenant of any agreement or condition of this Lease; (iii) violation by Tenant of any contract or agreement to which Tenant is a party or of any statute, law, ordinance, or regulation, in each case affecting Tenant’s use of the Premises, or any part thereof; (iv) performance of any labor or services or the furnishing of any materials or other property in respect of the Leased Premises or any part thereof. Landlord, as used in this Section 13.1 shall include the Landlord's Mortgagee and their shareholders, directors, officers, employees, agents, representatives, members, managers, and partners. Any indemnification under this Section 13.1 shall constitute Additional Rent payable within twenty (20) days of demand and shall survive the expiration or termination of this Lease or the termination of Tenant’s tenancy in the Leased Premises, including without limitation, the termination or rejection of this Lease in bankruptcy, but only for such matters that may arise due to the acts or omissions of Tenant or occurring during the Term of the Lease, as applicable.

Landlord’s Non-liability; Indemnification of Landlord. Except for Landlord’s negligence or willful misconduct, Landlord shall not be liable for any loss, damage or injury of any kind or character to any person or property, arising from any use of the Premises, or any part thereof, or caused by any defect in any improvements located on the Premises, or any part thereof, or in any equipment or other facility therein (except as provided in Section 5.0 above)therein, or caused by or arising from any act or omission of Tenant, or of any subtenants, agents, employees, contractors, subcontractors, licensees, or invitees of Tenant, or arising out of any work or alterations Alterations performed by Tenant or any subtenant, or by or from any accident on the Premises, or any part thereof, or any fire or other casualty thereon, or occasioned by the failure of Tenant to maintain the Premises, or any part thereof, in safe condition, or arising from any other cause whatsoever. Except Tenant, as a material part of the consideration of this Lease, hereby waives on its behalf all claims and demands against Landlord for any such loss, damage or injury of Tenant, and hereby agrees to the extent indemnify and hold Landlord entirely free and harmless from all liability for any such loss, damage or injury of Landlord’s negligence Tenant, and hereby agrees to indemnify and hold Landlord entirely free and harmless from all liability for any such loss, damage or willful misconductinjury of all other persons, Tenant and from all costs and expenses arising therefrom (including reasonable attorneys' fees and expenses). Txxxxx agrees to pay, and to protect, indemnify, and save harmless Landlord from and against any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ ' fees and expenses), causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from from (i) any injury to or the death of, any person, or damage to property, in, on or about the Premises, or any part thereof thereof, or upon adjoining public sidewalks, streets, or ways, or in any manner growing out of or connected with the use, nonuse, condition, or occupation of the Premises, or any part thereof, or resulting from the condition thereof or of adjoining public sidewalks, streets or ways, except to the extent caused by any negligent act or omission by Landlord; (ii) violation by Tenant of any agreement or condition of this Lease; (iii) violation by Tenant of any contract or agreement to which Tenant is a party or of any restriction, statute, law, ordinance, or regulation, in each case affecting Tenant’s use of the Premises, or any part thereof, or the ownership, occupancy or use thereof; and (iv) (1) performance the presence of any labor "Hazardous Material" (as defined below) on or services under, or the furnishing escape, seepage, leakage, spillage, discharge, emission, discharging or release of any materials or other property in respect of Hazardous Material from, the Leased Premises or any part thereof, (2) any liens against the Premises, or any part thereof, permitted or imposed by any Environmental Laws (as defined below), or any actual or asserted liability or obligations of Landlord or any of its affiliates or subsidiaries under any Environmental Laws, and (3) any actual or asserted liability or obligations of Tenant or any of its affiliates or subsidiaries under any Environmental Laws. Tenant hereby acknowledges and agrees that Tenant, or affiliates of Tenant, were the prior owners of the Premises. Txxxxx further agrees that the terms and conditions of this Section 6.3. shall 4823-7309-7009.2 STORE / CSI Labs Amended and Restated Lease Agreement 2000 Xxxxxxxx Xx., Xxxxxxxxxx, XX File No.: 7210/02-432.1 7 apply to any and all matters notwithstanding that such matters may have occurred or arisen prior to the date of this Lease or during the term of this Lease. Landlord, as used in this Section 13.1 6.3 shall include any beneficiary of any trust or any agent, employee, or representative of Landlord or any trustee and the Landlord's Mortgagee and their shareholders, directors, officers, employees, agents, representatives, members, managers, members and partners. Any indemnification under this Section 13.1 6.3. shall constitute Additional Rent payable within twenty (20) days of demand and shall survive the termination or expiration or termination of this Lease or the termination of Tenant’s tenancy in the Leased PremisesLease, including without limitation, the termination or rejection of this Lease in bankruptcy, but only for such matters that may arise due to the acts or omissions . For purposes of Tenant or occurring during the Term of the this Lease, as applicable.the following terms shall have the following respective meanings:

Landlord’s Non-liability; Indemnification of Landlord. Except for Landlord’s negligence or willful misconduct, Landlord shall not be liable for any loss, damage or injury of any kind or character to any person or property, arising from any use of the Premises, or any part thereof, or caused by any defect in any improvements located on the Premises, or any part thereof, or in any equipment or other facility therein (except as provided in Section 5.0 above)therein, or caused by or arising from any act or omission of Tenant, or of any subtenants, agents, employees, contractors, subcontractors, licensees, or invitees of Tenant, or arising out of any work or alterations Alterations performed by Tenant or any subtenant, or by or from any accident on the Premises, or any part thereof, or any fire or other casualty thereon, or occasioned by the failure of Tenant to maintain the Premises, or any part thereof, in safe condition, or arising from any other cause whatsoever. Except Tenant, as a material part of the consideration of this Lease, hereby waives on its behalf all claims and demands against Landlord for any such loss, damage or injury of Tenant, and hereby agrees to indemnify and hold Landlord entirely free and harmless from all liability for any such loss, damage or injury of Tenant, and hereby agrees to indemnify and hold Landlord entirely free and harmless from all liability for any such loss, damage or injury of all other persons, and from all costs and expenses arising therefrom (including reasonable attorneys’ fees and expenses), unless such loss, damage or injury is caused by the extent gross negligence of Landlord or intentional acts of Landlord’s negligence or willful misconduct, . Tenant agrees to pay, and to protect, indemnify, and save harmless Landlord from and against any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments or (1) the presence of any nature whatsoever arising from “Hazardous Material” (ias defined below) any injury to on or under, or the death ofescape, seepage, leakage, spillage, discharge, emission, discharging or release of any personHazardous Material from, or damage to property, in, on or about the Premises, Premises or any part thereof or connected with the usethereof, nonuse, condition, or occupation of (2) any liens against the Premises, or any part thereof, permitted or imposed by any Environmental Laws (as defined below), or any actual or asserted liability or obligations of Landlord or any of its affiliates or subsidiaries under any Environmental Laws, and (3) any actual or asserted liability or obligations of Tenant or any of its affiliates or subsidiaries under any Environmental Laws; (ii) violation provided however, Tenant shall not be responsible for indemnifying Landlord for any of the foregoing matters caused solely by Landlord’s gross negligence or intentional misconduct. Tenant hereby acknowledges and agrees that Tenant was the tenant under the Original Lease for the Premises. Tenant further agrees that the terms and conditions of this Section 6.3. . shall apply to any agreement and all matters under the Original Lease notwithstanding that such matters may have occurred or condition arisen prior to the date of this Lease or during the term of this Lease; (iii) violation by Tenant of any contract or agreement to which Tenant is a party or of any statute, law, ordinance, or regulation, in each case affecting Tenant’s use of the Premises, or any part thereof; (iv) performance of any labor or services or the furnishing of any materials or other property in respect of the Leased Premises or any part thereof. Landlord, as used in this Section 13.1 6.3. ., shall include any beneficiary of any trust or any agent, employee, or representative of Landlord or any trustee and the Landlord's ’s Mortgagee and their shareholders, directors, officers, employees, agents, representatives, members, managers, members and partners. Any indemnification under this Section 13.1 6.3. . shall constitute Additional Rent payable within twenty (20) days of demand and shall survive the termination or expiration or termination of this Lease or the termination of Tenant’s tenancy in the Leased PremisesLease, including without limitation, the termination or rejection of this Lease in bankruptcy. Provided, but only however, for such matters that may arise due to the acts or omissions any obligation of Tenant or occurring during to defend Landlord hereunder, Tenant shall have the Term right to select the attorneys to defend Landlord, then and in that event, Tenant shall not be liable for any attorneys’ fees of the Landlord other than those of counsel selected to defend Landlord. For purposes of this Lease, as applicable.the following terms shall have the following respective meanings:

Landlord’s Non-liability; Indemnification of Landlord. Except for Landlord’s negligence or willful misconduct, Landlord shall not be liable for any loss, damage or injury of any kind or character to any person or property, arising from any use of the Premises, or any part thereof, or caused by any defect in any improvements located on the Premises, or any part thereof, or in any equipment or other facility therein (except as provided in Section 5.0 above)therein, or caused by or arising from any act or omission of Tenant, or of any subtenants, agents, employees, contractors, subcontractors, licensees, or invitees of Tenant, or arising out of any work or alterations Alterations performed by Tenant or any subtenant, or by or from any accident on the Premises, or any part thereof, or any fire or other casualty thereon, or occasioned by the failure of Tenant to maintain the Premises, or any part thereof, in safe condition, or arising from any other cause whatsoever. Except Tenant, as a material part of the consideration of this Lease, hereby waives on its behalf all claims and demands against Landlord for any such loss, damage or injury of Tenant, and hereby agrees to indemnify and hold Landlord entirely free and harmless from all liability for any such loss, damage or injury of Tenant, and hereby agrees to indemnify and hold Landlord entirely free and harmless from all liability for any such loss, damage or injury of all other persons, and from all costs and expenses arising therefrom (including reasonable attorneys’ fees and expenses), unless such loss, damage or injury is caused by the extent gross negligence of Landlord or intentional acts of Landlord’s negligence or willful misconduct, . Tenant agrees to pay, and to protect, indemnify, and save harmless Landlord from and against any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from (i) any injury to or the death of, any person, or damage to property, in, on or about the Premises, or any part thereof thereof, or upon adjoining public sidewalks, streets, or ways, or in any manner growing out of or connected with the use, nonuse, condition, or occupation of the Premises, or any part thereof, or resulting from the condition thereof or of adjoining public sidewalks, streets or ways; (ii) violation by Tenant of any agreement or condition of this Lease; (iii) violation by Tenant of any contract or agreement to which Tenant is a party or of any restriction, statute, law, ordinance, or regulation, in each case affecting Tenant’s use case (1) the presence of any “Hazardous Material” (as defined below) on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or release of any Hazardous Material from, the Premises or any part thereof, (2) any liens against the Premises, or any part thereof, permitted or imposed by any Environmental Laws (as defined below), or any actual or asserted liability or obligations of Landlord or any of its affiliates or subsidiaries under any Environmental Laws, and (3) any actual or asserted liability or obligations of Tenant or any of its affiliates or subsidiaries under any Environmental Laws; (iv) performance of provided however, Tenant shall not be responsible for indemnifying Landlord for any labor or services or the furnishing of any materials or other property in respect of the Leased Premises foregoing matters caused solely by Landlord’s gross negligence or intentional misconduct. Tenant hereby acknowledges and agrees that Tenant was the tenant under the Original Lease for the Premises. Tenant further agrees that the terms and conditions of this Section 6.3. . shall apply to any part thereofand all matters under the Original Lease notwithstanding that such matters may have occurred or arisen prior to the date of this Lease or during the term of this Lease. Landlord, as used in this Section 13.1 6.3. ., shall include any beneficiary of any trust or any agent, employee, or representative of Landlord or any trustee and the Landlord's ’s Mortgagee and their shareholders, directors, officers, employees, agents, representatives, members, managers, members and partners. Any indemnification under this Section 13.1 6.3. . shall constitute Additional Rent payable within twenty (20) days of demand and shall survive the termination or expiration or termination of this Lease or the termination of Tenant’s tenancy in the Leased PremisesLease, including without limitation, the termination or rejection of this Lease in bankruptcy. Provided, but only however, for such matters that may arise due to the acts or omissions any obligation of Tenant or occurring during to defend Landlord hereunder, Tenant shall have the Term right to select the attorneys to defend Landlord, then and in that event, Tenant shall not be liable for any attorneys’ fees of the Landlord other than those of counsel selected to defend Landlord. For purposes of this Lease, as applicable.the following terms shall have the following respective meanings:

Landlord’s Non-liability; Indemnification of Landlord. Except for Landlord’s negligence or willful misconduct, Landlord shall not be liable for any loss, damage or injury of any kind or character to any person or property, arising from any use of the Premises, or any part thereof, or caused by any defect in any improvements located on the Premises, or any part thereof, or in any equipment or other facility therein (except as provided in Section 5.0 above)therein, or caused by or arising from any act or omission of Tenant, or of any subtenants, agents, employees, contractors, subcontractors, licensees, or invitees of Tenant, or arising out of any work or alterations Alterations performed by Tenant or any subtenant, or by or from any accident on the Premises, or any part thereof, or any fire or other casualty thereon, or occasioned by the failure of Tenant to maintain the Premises, or any part thereof, in safe condition, or arising from any other cause whatsoever. Except Tenant, as a material part of the consideration of this Lease, hereby waives on its behalf all claims and demands against Landlord for any such loss, damage or injury of Tenant, and hereby agrees to indemnify and hold Landlord entirely free and harmless from all liability for any such loss, damage or injury of Tenant, and hereby agrees to indemnify and hold Landlord entirely free and harmless from all liability for any such loss, damage or injury of all other persons, and from all costs and expenses arising therefrom (including reasonable attorneys’ fees and expenses), unless such loss, damage or injury is caused by the extent gross negligence of Landlord or intentional acts of Landlord’s negligence or willful misconduct, . Tenant agrees to pay, and to protect, indemnify, and save harmless Landlord from and against any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from (i) any injury to or the death of, any person, or damage to property, in, on or about the Premises, or any part thereof thereof, or upon adjoining public sidewalks, streets, or ways, or in any manner growing out of or connected with the use, nonuse, condition, or occupation of the Premises, or any part thereof, or resulting from the condition thereof or of adjoining public sidewalks, streets or ways; (ii) violation by Tenant of any agreement or condition of this Lease; (iii) violation by Tenant of any contract or agreement to which Tenant is a party or of any restriction, statute, law, ordinance, or regulation, in each case affecting Tenant’s use of the Premises, or any part thereof, or the ownership, occupancy or use thereof; and (iv) performance (1) the presence of any labor “Hazardous Material” (as defined below) on or services under, or the furnishing escape, seepage, leakage, spillage, discharge, emission, discharging or release of any materials or other property in respect of Hazardous Material from, the Leased Premises or any part thereof, (2) any liens against the Premises, or any part thereof, permitted or imposed by any Environmental Laws (as defined below), or any actual or asserted liability or obligations of Landlord or any of its affiliates or subsidiaries under any Environmental Laws, and (3) any actual or asserted liability or obligations of Tenant or any of its affiliates or subsidiaries under any Environmental Laws; provided however, Tenant shall not be responsible for indemnifying Landlord for any of the foregoing matters caused solely by Landlord’s gross negligence or intentional misconduct. Tenant hereby acknowledges and agrees that Tenant was the tenant under the Original Lease for the Premises. Tenant further agrees that the terms and conditions of this Section 6.3. shall apply to any and all matters under the Original Lease notwithstanding that such matters may have occurred or arisen prior to the date of this Lease or during the term of this Lease. Landlord, as used in this Section 13.1 6.3., shall include any beneficiary of any trust or any agent, employee, or representative of Landlord or any trustee and the Landlord's ’s Mortgagee and their shareholders, directors, officers, employees, agents, representatives, members, managers, members and partners. Any indemnification under this Section 13.1 6.3. shall constitute Additional Rent payable within twenty (20) days of demand and shall survive the termination or expiration or termination of this Lease or the termination of Tenant’s tenancy in the Leased PremisesLease, including without limitation, the termination or rejection of this Lease in bankruptcy. Provided, but only however, for such matters that may arise due to the acts or omissions any obligation of Tenant or occurring during to defend Landlord hereunder, Tenant shall have the Term right to select the attorneys to defend Landlord, then and in that event, Tenant shall not be liable for any attorneys’ fees of the Landlord other than those of counsel selected to defend Landlord. For purposes of this Lease, as applicable.the following terms shall have the following respective meanings: