Representations Relating to Construction. With respect to any and all construction work and activities to be done by Tenant under and pursuant to the terms of this Lease, the Tenant expressly warrants that all material incorporated into Tenant’s work will be as specified in the Final Plans and such work and activities will be completed in a workmanlike manner and free from all defects. Upon completion of any Phase and any Building or other improvements constructed and/or installed upon any Phase, the same will be habitable and fit for its intended uses and purposes, and, together with all equipment, appliances and fixtures installed therein, will be merchantable as that term is defined under the Uniform Commercial Code. Tenant’s construction work and activities will be completed in compliance with all applicable zoning and building codes and any and all other applicable laws, regulations or restrictions. Tenant shall defend, indemnify and save and hold harmless Landlord, its officers, officials, employees, volunteers, contractors, and agents from and against any and all injuries, losses, claims, actions, damages, liabilities and expenses (including reasonable attorney’s fees and costs) arising out of or resulting from the construction and activities of the Tenant, or any part, component or aspect thereof; provided, however, that Tenant shall not be obligated to indemnify Landlord, or such officers, officials, employees, volunteers, contractors, and agents, against liability arising from their negligent, intentional or willful acts.
