Common use of Tenant’s Indemnification of Landlord Clause in Contracts

Tenant’s Indemnification of Landlord. Tenant shall indemnify, defend (using legal counsel reasonably acceptable to Landlord) and save Landlord harmless from all claims, suits, losses, damages, fines, penalties, liabilities and expenses (including Landlord’s personnel and overhead costs and reasonable attorneys’ fees and other costs incurred in connection with claims (collectively, “Claims”), regardless of whether such Claims involve litigation) resulting from any actual or alleged injury (including death) of any person or from any actual or alleged loss of or damage to any property arising out of or in connection with (i) Tenant’s occupation, use or improvement of the Premises, or that of its employees, agents or contractors, (ii) Tenant’s breach of its obligations hereunder or (iii) any act or omission of Tenant or any subtenant, licensee, assignee or concessionaire of Tenant, or of any officer, agent, employee, guest or invitee of Tenant, or of any such entity in or about the Premises. Notwithstanding the foregoing, in the event any Claims are caused by the joint or concurrent negligence of Landlord or Tenant, Tenant's indemnification obligation with respect to Landlord shall be limited to the extent of the negligence of Tenant, and in no event shall Tenant have any obligation to indemnify Landlord against Claims arising out of the sole negligence of Landlord. FOR THE SOLE PURPOSE OF GIVING FULL FORCE AND EFFECT TO THE INDEMNIFICATION OBLIGATIONS UNDER THIS LEASE AND NOT FOR THE BENEFIT OF ANY EMPLOYEES OF TENANT OR ANY THIRD PARTIES UNRELATED TO THE PARTIES INDEMNIFIED UNDER THIS LEASE, TENANT SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT MAY BE GRANTED IT UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW. This indemnity with respect to acts or omissions during the term of this Lease shall survive termination or expiration of this Lease. Tenant shall promptly notify Landlord of casualties or accidents occurring in or about the Premises. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF SECTION 29 AND THIS SECTION 21 WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.

Tenant’s Indemnification of Landlord. ASSUMPTION: EMPLOYEES' CLAIMS. (a) Tenant shall indemnify, defend (using legal counsel reasonably acceptable to Landlord) defend, and save hold Landlord Parties harmless from all claimsfines, suits, losses, damagescosts, finesliabilities, penaltiesclaims, liabilities demands, actions, and expenses (including Landlord’s personnel and overhead costs and reasonable attorneys’ fees and other costs incurred in connection with claims judgments (collectively, “Claims”), regardless of whether such Claims involve litigationclaims) resulting from any actual or alleged injury (including death) of any person or from any actual or alleged loss of or damage to any property arising out of or in connection with (i) Tenant’s occupation, use or improvement relating to any of the Premisesfollowing: (1) any breach or default in performance of any obligation on Tenant's part to be performed under this Lease, whether before or during the Lease Term or after its expiration or earlier termination; (2) any act, omission, negligence, or that of its employees, agents or contractors, (ii) Tenant’s breach of its obligations hereunder or (iii) any act or omission misconduct of Tenant or any subtenant, licensee, assignee or concessionaire of TenantTenant Party, or of any officer, agent, employee, guest other person entering upon the Leased Premises under or invitee with the express or implied invitation or permission of Tenant; (3) any alterations, activities, work, or of any such entity in things done, permitted, allowed, or suffered by Tenant Parties in, at, or about the Premises. Notwithstanding Leased Premises or the foregoingProject, including the violation by Tenant or any Tenant Party of any law, ordinance, or governmental order of any kind; and (4) the occupancy or use by Tenant or any Tenant Party of the Leased Premises or the Project. (b) Tenant is not required to indemnify, defend, or hold Landlord Parties harmless from any claim, demand, fine, suit, loss, liability, action or judgment arising solely from Landlord's gross negligence or willful misconduct (except for damage to the Tenant Improvements or Tenant's personal property, fixtures, furniture, and equipment in the event any Claims are caused by the joint or concurrent negligence of Landlord or Tenant, Tenant's indemnification obligation with respect to Landlord shall be limited Leased premises to the extent that such damage is covered by insurance that Tenant is required to carry under this Lease (or would have been covered had Tenant carried the insurance required under the provisions of this Lease). (c) If any Landlord Party is made a party to any litigation commenced against any Tenant Party or relating to this Lease or to the negligence of TenantLeased Premises, and in no event shall against which Tenant have any obligation has agreed to indemnify Landlord against Claims arising out Parties pursuant to this Lease, then Tenant shall pay all costs and expenses, including attorneys' fees and court costs, incurred by or imposed upon the Landlord Party by virtue of the sole negligence litigation. The amount of Landlord. FOR THE SOLE PURPOSE OF GIVING FULL FORCE AND EFFECT TO THE INDEMNIFICATION OBLIGATIONS UNDER THIS LEASE AND NOT FOR THE BENEFIT OF ANY EMPLOYEES OF TENANT OR ANY THIRD PARTIES UNRELATED TO THE PARTIES INDEMNIFIED UNDER THIS LEASEall costs and expenses, TENANT SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT MAY BE GRANTED IT UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACTincluding attorney's fees and court costs, TITLE 51 RCW. This indemnity with respect is a demand obligation payable by Tenant to acts or omissions during Landlord as additional Rent bearing interest at the term Interest Rate from the date of this Lease shall survive termination or expiration of this Lease. Tenant shall promptly notify payment by Landlord of casualties or accidents occurring in or about the Premises. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF SECTION 29 AND THIS SECTION 21 WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEMuntil paid by Tenant.

Tenant’s Indemnification of Landlord. (a) Tenant shall indemnifydefend with competent counsel satisfactory to Landlord any claims made or legal actions filed or threatened against the Landlord Indemnitees with respect to Building E the violation of any Law, defend (using legal counsel reasonably acceptable to Landlord) or the death, bodily injury, personal injury, property damage, or interference with contractual or property rights suffered by any third party occurring within the Leased Premises or resulting from the use or occupancy by Tenant or any of the Tenant Parties of the Leased Premises, the Building or the Common Areas, or resulting from the activities of Tenant or any of the Tenant Parties in or about the Leased Premises, the Building, the Common Areas, the Property, or the Project, and save Tenant shall indemnify and hold the Landlord Indemnitees harmless from all claims, suits, losses, damages, finesany loss liability, penalties, liabilities and expenses or expense whatsoever (including any loss attributable to vacant space which otherwise would have been leased, but for such activities) resulting therefrom, except to the extent caused by the negligence or willful misconduct of Landlord, its agents or contractors or Landlord’s personnel violation of its obligations under this Lease. This indemnity agreement shall survive the expiration or sooner termination of this Lease. (b) Notwithstanding the foregoing Paragraph 8.2(a) and overhead costs and reasonable attorneys’ fees and any other costs incurred in connection with claims (collectivelyprovision of this Lease to the contrary, “Claims”)during the Construction Period only, regardless of whether such Claims involve litigation) resulting from any actual or alleged injury (including death) of any person or from any actual or alleged loss of or damage to any property arising out of or in connection with the following provisions shall be applicable: (i) with respect to any indemnity obligation of Tenant arising at any time during the Construction Period only, (A) the term “Landlord Indemnitees” shall mean and shall be limited to Santa Xxxxx Campus Property Owner I LLC, a Delaware limited liability company (or any entity that that succeeds to Santa Xxxxx Campus Property Owner I LLC’s interest as Landlord under the Lease) and shall not include any other person or entity; provided, however, that Landlord may include in any claim owed by Tenant to it any amount which Landlord shall pay or be obligated to indemnify any other person or entity, and (B) any indemnity obligation shall be limited to losses caused by, or arising as a result of any act or failure to act of, Tenant or Tenant’s occupation, use or improvement of the Premises, or that of its employees, agents or contractors, (ii) Tenant’s breach of its obligations hereunder or (iii) any act or omission of Tenant or any subtenant, licensee, assignee or concessionaire of Tenant, or of any officer, agent, employee, guest or invitee of Tenant, or of any such entity in or about the Premises. Notwithstanding the foregoing, in the event any Claims are caused by the joint or concurrent negligence of Landlord or Tenant, Tenant's indemnification obligation with respect to Landlord shall be limited to the extent of the negligence of Tenant, and in no event shall Tenant have any obligation to indemnify Landlord against Claims arising out of the sole negligence of Landlord. FOR THE SOLE PURPOSE OF GIVING FULL FORCE AND EFFECT TO THE INDEMNIFICATION OBLIGATIONS UNDER THIS LEASE AND NOT FOR THE BENEFIT OF ANY EMPLOYEES OF TENANT OR ANY THIRD PARTIES UNRELATED TO THE PARTIES INDEMNIFIED UNDER THIS LEASE, TENANT SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT MAY BE GRANTED IT UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW. This indemnity with respect to acts or omissions during the term of this Lease shall survive termination or expiration of this Lease. Tenant shall promptly notify Landlord of casualties or accidents occurring in or about the Premises. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF SECTION 29 AND THIS SECTION 21 WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.;

Tenant’s Indemnification of Landlord. Except to the extent caused by the negligence or willful misconduct of Landlord or any of Landlord’s Parties, Tenant shall will be liable for, and agrees, to the maximum extent permissible under applicable law, to promptly indemnify, protect, defend (using legal counsel reasonably acceptable to Landlord) and save hold harmless Landlord harmless and Landlord Indemnified Parties from and against any and all claims, damages, judgments, suits, causes of action, losses, damagesliabilities, penalties, fines, penaltiesexpenses and costs, liabilities and expenses (including Landlord’s personnel and overhead costs and reasonable attorneys’ fees reasonably and other actually incurred and, court costs incurred in connection with claims (collectively, “Indemnified Claims”), regardless of whether such Claims involve litigation) arising or resulting from any actual or alleged injury (including death) of any person or from any actual or alleged loss of or damage to any property arising out of or in connection with (i) Tenant’s occupation, use or improvement of the Premises, or that of its employees, agents or contractors, (ii) Tenant’s breach of its obligations hereunder or (iii) any act or omission of Tenant or any subtenant, licensee, assignee or concessionaire Tenant’s Parties (as defined in Paragraph 7.3 above); (ii) the use of the Premises and conduct of Tenant’s business by Tenant or any Tenant’s Parties, or of any officerother activity, agentwork or thing done or knowingly permitted by Tenant or any Tenant’s Parties, employee, guest or invitee of Tenant, or of any such entity in or about the PremisesPremises or elsewhere within the Project; and/or (iii) any default by Tenant of any obligations on Tenant’s part to be performed under the terms of this Lease. Notwithstanding the foregoing, in the event In case any Claims are caused by the joint action or concurrent negligence of proceeding is brought against Landlord or any Landlord Indemnified Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, agrees to promptly defend the same at Tenant's ’s sole cost and expense by counsel approved in writing by Landlord, which approval Landlord will not unreasonably withhold, condition or delay. Tenant’s duty to defend Landlord under this Paragraph 14.2 shall include the duty to defend Landlord against any claims or matters which raise any potential or possibility for indemnification obligation with respect under this Paragraph, or which involve any allegations of matters which would raise any such potential or possibility of indemnification, regardless of whether such allegations are false, frivolous, groundless or valid defenses thereto exist. If this Paragraph 14 is held by a court of competent jurisdiction to Landlord be subject to the provisions of RCW 4.24.115, then this Paragraph 14 shall be limited to the extent necessary to conform to the requirements of the negligence of Tenant, and in no event shall Tenant have any obligation to indemnify Landlord against Claims arising out of the sole negligence of Landlord. FOR THE SOLE PURPOSE OF GIVING FULL FORCE AND EFFECT TO THE INDEMNIFICATION OBLIGATIONS UNDER THIS LEASE AND NOT FOR THE BENEFIT OF ANY EMPLOYEES OF TENANT OR ANY THIRD PARTIES UNRELATED TO THE PARTIES INDEMNIFIED UNDER THIS LEASE, TENANT SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT MAY BE GRANTED IT UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW. This indemnity with respect to acts or omissions during the term of this Lease shall survive termination or expiration of this LeaseRCW 4.24.115. Tenant shall promptly notify Landlord hereby waives any immunity it may have under RCW Title 51 to the extent of casualties or accidents occurring in or about the Premises. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF SECTION 29 AND THIS SECTION 21 WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEMits indemnity obligations under this Paragraph 14.

Tenant’s Indemnification of Landlord. (a) Tenant shall indemnifydefend with competent counsel satisfactory to Landlord any claims made or legal actions filed or threatened against the Landlord Indemnitees with respect to the violation of any Law, defend (using legal counsel reasonably acceptable to Landlord) or the death, bodily injury, personal injury, property damage, or interference with contractual or property rights suffered by any third party occurring within the Leased Premises or resulting from the use or occupancy by Tenant or any of the Tenant Parties of the Leased Premises, the Building or the Common Areas, or resulting from the activities of Tenant or any of the Tenant Parties in or about the Leased Premises, the Building, the Common Areas, the Property, or the Project, and save Tenant shall indemnify and hold the Landlord Indemnitees harmless from all claims, suits, losses, damages, finesany loss liability, penalties, liabilities and expenses or expense whatsoever (including any loss attributable to vacant space which otherwise would have been leased, but for such activities) resulting therefrom, except to the extent caused by the negligence or willful misconduct of Landlord, its agents or contractors or Landlord’s personnel violation of its obligations under this Lease. This indemnity agreement shall survive the expiration or sooner termination of this Lease. (b) Notwithstanding the foregoing Paragraph 8.2(a) and overhead costs and reasonable attorneys’ fees and any other costs incurred in connection with claims (collectivelyprovision of this Lease to the contrary, “Claims”)during the Construction Period only, regardless of whether such Claims involve litigation) resulting from any actual or alleged injury (including death) of any person or from any actual or alleged loss of or damage to any property arising out of or in connection with the following provisions shall be applicable: (i) with respect to any indemnity obligation of Tenant arising at any time during the Construction Period only, (A) the term “Landlord Indemnitees” shall mean and shall be limited to Santa Xxxxx Campus Property Owner I LLC, a Delaware limited liability Building G company (or any entity that that succeeds to Santa Xxxxx Campus Property Owner I LLC’s interest as Landlord under the Lease) and shall not include any other person or entity; provided, however, that Landlord may include in any claim owed by Tenant to it any amount which Landlord shall pay or be obligated to indemnify any other person or entity, and (B) any indemnity obligation shall be limited to losses caused by, or arising as a result of any act or failure to act of, Tenant or Tenant’s occupation, use or improvement of the Premises, or that of its employees, agents or contractors, (ii) Tenant’s breach of its obligations hereunder or (iii) any act or omission of Tenant or any subtenant, licensee, assignee or concessionaire of Tenant, or of any officer, agent, employee, guest or invitee of Tenant, or of any such entity in or about the Premises. Notwithstanding the foregoing, in the event any Claims are caused by the joint or concurrent negligence of Landlord or Tenant, Tenant's indemnification obligation with respect to Landlord shall be limited to the extent of the negligence of Tenant, and in no event shall Tenant have any obligation to indemnify Landlord against Claims arising out of the sole negligence of Landlord. FOR THE SOLE PURPOSE OF GIVING FULL FORCE AND EFFECT TO THE INDEMNIFICATION OBLIGATIONS UNDER THIS LEASE AND NOT FOR THE BENEFIT OF ANY EMPLOYEES OF TENANT OR ANY THIRD PARTIES UNRELATED TO THE PARTIES INDEMNIFIED UNDER THIS LEASE, TENANT SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT MAY BE GRANTED IT UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW. This indemnity with respect to acts or omissions during the term of this Lease shall survive termination or expiration of this Lease. Tenant shall promptly notify Landlord of casualties or accidents occurring in or about the Premises. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF SECTION 29 AND THIS SECTION 21 WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.;

Tenant’s Indemnification of Landlord. Except to the extent that the waivers of subrogation set forth in Paragraph 9.3 are applicable, Tenant shall indemnifydefend with competent counsel satisfactory to Landlord any claims made or legal actions filed or threatened against Landlord with respect to the violation of any law, defend (using legal counsel reasonably acceptable to Landlord) and save Landlord harmless from all claimsor the death, suitsbodily injury, lossespersonal injury, damagesproperty damage, fines, penalties, liabilities and expenses or interference with contractual or property rights suffered by any third party (including Landlord’s personnel and overhead costs and reasonable attorneys’ fees and other costs incurred in connection with claims (collectively, “Claims”), regardless of whether such Claims involve litigationtenants within the Project) occurring within the Leased Premises or resulting from any actual or alleged injury (including death) of any person or from any actual or alleged loss of or damage to any property arising out of or in connection with (i) Tenant’s occupation, 's use or improvement occupancy of the Leased Premises, the Building or that of its employees, agents or contractors, (ii) Tenant’s breach of its obligations hereunder or (iii) any act or omission of Tenant or any subtenant, licensee, assignee or concessionaire of Tenantthe Outside Areas, or of any officer, agent, employee, guest or invitee of resulting from Tenant, or of any such entity 's activities in or about the Leased Premises. Notwithstanding , the foregoingBuilding, in the event Outside Areas or the Property, and Tenant shall indemnify and hold Landlord, Landlord's principals, employees, agents and contractors harmless from any Claims are loss, liability, penalties, or expense whatsoever (including any loss attributable to vacant space which otherwise would have been leased, but for such activities) resulting therefrom, except to the extent proximately caused by the joint active and gross negligence or concurrent negligence willful misconduct of Landlord. This indemnity agreement shall survive the expiration or sooner termination of this Lease, provided that Tenant shall not be required to indemnify Landlord or Tenant, Tenant's indemnification obligation under this section 8.2 with respect to events that first occur after the later of (a) the date of the expiration, or sooner termination, of this Lease, or (b) the date Tenant actually vacates the Premises, provided that Landlord has actual notice of such vacation. Tenant shall not be limited obligated to indemnify Landlord against loss resulting from and to the extent of the active and gross negligence or willful misconduct of TenantLandlord or its agents, and in no event shall Tenant have any obligation to indemnify Landlord against Claims arising out of the sole negligence of Landlord. FOR THE SOLE PURPOSE OF GIVING FULL FORCE AND EFFECT TO THE INDEMNIFICATION OBLIGATIONS UNDER THIS LEASE AND NOT FOR THE BENEFIT OF ANY EMPLOYEES OF TENANT OR ANY THIRD PARTIES UNRELATED TO THE PARTIES INDEMNIFIED UNDER THIS LEASE, TENANT SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT MAY BE GRANTED IT UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW. This indemnity with respect to acts employees or omissions during the term of this Lease shall survive termination or expiration of this Lease. Tenant shall promptly notify Landlord of casualties or accidents occurring in or about the Premises. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF SECTION 29 AND THIS SECTION 21 WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEMcontractors.

Tenant’s Indemnification of Landlord. Tenant shall indemnifydefend, defend (using legal with competent counsel reasonably acceptable satisfactory to Landlord) and save , any claims made or legal actions filed or threatened by third parties against Landlord harmless from all claimswhich result in the death, suitsbodily injury, lossespersonal injury, damages, fines, penalties, liabilities and expenses damage to property or interference with contractual or other rights suffered by any third party (including Landlord’s personnel and overhead costs and reasonable attorneys’ fees and other costs incurred in connection with claims (collectively, “Claims”), regardless of whether such Claims involve litigationtenants within the Project) resulting from any actual or alleged injury (including death) of any person or from any actual or alleged loss of or damage to any property arising out of or in connection with which (i) Tenant’s occupation, use occurred within the Leased Premises or improvement of the Premises, or that of its employees, agents or contractors, (ii) resulted from Tenant’s breach use or occupancy of its obligations hereunder the Leased Premises or the Common Areas or (iii) any act or omission of Tenant or any subtenant, licensee, assignee or concessionaire of resulted from Tenant, or of any officer, agent, employee, guest or invitee of Tenant, or of any such entity ’s activities in or about the Leased Premises. Notwithstanding , the foregoingBuilding or the Project, and Tenant shall indemnify and hold Landlord, Landlord’s principals, employees and agents harmless from any loss (including loss of rents by reason of vacant space which otherwise would have been leased but for such activities), liabilities, penalties, or expense whatsoever (including all legal fees incurred by Landlord with respect to defending such claims) resulting therefrom, except in any event to the event any Claims are extent proximately caused by the joint active negligence or concurrent negligence willful misconduct of Landlord or TenantLandlord’s failure to perform an obligation expressly undertaken pursuant to this Lease but only if Tenant shall have given Landlord prior written notice to perform such obligation and Landlord shall have failed to perform such obligation within a reasonable period of time following receipt of written notice from Tenant to so perform such obligation. This indemnity agreement shall survive the expiration or sooner termination of this Lease, Tenant's indemnification obligation provided that Tenant shall not be required to indemnify Landlord under this section 8.2 with respect to Landlord shall be limited to events that first occur after the extent later of (a) the date of the negligence of Tenantexpiration, and in no event shall Tenant have any obligation to indemnify Landlord against Claims arising out of the sole negligence of Landlord. FOR THE SOLE PURPOSE OF GIVING FULL FORCE AND EFFECT TO THE INDEMNIFICATION OBLIGATIONS UNDER THIS LEASE AND NOT FOR THE BENEFIT OF ANY EMPLOYEES OF TENANT OR ANY THIRD PARTIES UNRELATED TO THE PARTIES INDEMNIFIED UNDER THIS LEASEor sooner termination, TENANT SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT MAY BE GRANTED IT UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW. This indemnity with respect to acts or omissions during the term of this Lease shall survive termination or expiration of this Lease. , or (b) the date Tenant shall promptly notify Landlord of casualties or accidents occurring in or about actually vacates the Premises. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF SECTION 29 AND THIS SECTION 21 WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM, provided that Landlord has actual notice of such vacation.

Tenant’s Indemnification of Landlord. Tenant shall indemnify, defend (using legal counsel reasonably acceptable to Landlord) defend, and save hold Landlord harmless from any and all claims, suits, lossesjudgments, damages, penalties, fines, penaltiescosts, liabilities and expenses liabilities, or losses (including Landlord’s personnel without limitation, diminution in value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact on marketing of space, and overhead costs sums paid in settlement of claims, attorney fees, consultant fees, and reasonable attorneys’ fees and other expert fees) which arise during or after the Lease Term or Renewal Term as a result of contamination by Hazardous Materials from the actions or omissions of Tenant or of Tenant's agents or contractors. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with claims (collectivelyany investigation of site conditions or any cleanup, “Claims”)remedial, regardless removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of whether such Claims involve litigation) resulting from any actual Hazardous Materials present in the soil or alleged injury (including death) ground water on or under the Premises. Without limiting the foregoing, if the presence of any person Hazardous Materials on the Premises caused or from permitted by the actions or omissions of Tenant or its agents or contractors results in any actual or alleged loss of or damage to any property arising out of or in connection with (i) Tenant’s occupation, use or improvement contamination of the Premises, or that of Tenant shall promptly take all actions at its employees, agents or contractors, (ii) Tenant’s breach of its obligations hereunder or (iii) any act or omission of Tenant or any subtenant, licensee, assignee or concessionaire of Tenant, or of any officer, agent, employee, guest or invitee of Tenant, or sole expense as are necessary to return the Premises to the condition existing prior to the release of any such entity in Hazardous Material to the Premises, provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or about short-term effect on the Premises. Notwithstanding Without limiting the generality of any of the foregoing, the indemnification provided by this section shall also specifically cover costs incurred in connection with Hazardous Materials present or suspected to be present in the event any Claims are caused by soil, ground water, or vapor on or under the joint or concurrent negligence of Landlord or Tenant, Tenant's indemnification obligation with respect to Landlord shall be limited to Premises before the extent of the negligence of Tenant, and in no event shall Tenant have any obligation to indemnify Landlord against Claims arising out of the sole negligence of LandlordCommencement Date. FOR THE SOLE PURPOSE OF GIVING FULL FORCE AND EFFECT TO THE INDEMNIFICATION OBLIGATIONS UNDER THIS LEASE AND NOT FOR THE BENEFIT OF ANY EMPLOYEES OF TENANT OR ANY THIRD PARTIES UNRELATED TO THE PARTIES INDEMNIFIED UNDER THIS LEASE, TENANT SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT MAY BE GRANTED IT UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW. This The foregoing indemnity with respect to acts or omissions during the term of this Lease shall survive the expiration or earlier termination or expiration of this Lease. Tenant shall promptly notify Landlord of casualties or accidents occurring in or about the Premises. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF SECTION 29 AND THIS SECTION 21 WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.

Tenant’s Indemnification of Landlord. (a) Tenant shall indemnifydefend with competent counsel satisfactory to Landlord any claims made or legal actions filed or threatened against the Landlord Indemnitees with respect to the violation of any Law, defend (using legal counsel reasonably acceptable to Landlord) or the death, bodily injury, personal injury, property damage, or interference with contractual or property rights suffered by any third party occurring within the Leased Premises or resulting from the use or occupancy by Tenant or any of the Tenant Parties of the Leased Premises, the Buildings or the Common Areas, or resulting from the activities of Tenant or any of the Tenant Parties in or about the Leased Premises, the Buildings, the Common Areas, the Property, or the Project, and save Tenant shall indemnify and hold the Landlord Indemnitees harmless from all claims, suits, losses, damages, finesany loss liability, penalties, liabilities and expenses or expense whatsoever (including any loss attributable to vacant space which otherwise would have been leased, but for such activities) Building F and Amenities Building resulting therefrom, except to the extent caused by the negligence or willful misconduct of Landlord, its agents or contractors or Landlord’s personnel violation of its obligations under this Lease. This indemnity agreement shall survive the expiration or sooner termination of this Lease. (b) Notwithstanding the foregoing Paragraph 8.2(a) and overhead costs and reasonable attorneys’ fees and any other costs incurred in connection with claims (collectivelyprovision of this Lease to the contrary, “Claims”)during the Construction Period only, regardless of whether such Claims involve litigation) resulting from any actual or alleged injury (including death) of any person or from any actual or alleged loss of or damage to any property arising out of or in connection with the following provisions shall be applicable: (i) with respect to any indemnity obligation of Tenant arising at any time during the Construction Period only, (A) the term “Landlord Indemnitees” shall mean and shall be limited to Santa Xxxxx Campus Property Owner I LLC, a Delaware limited liability company (or any entity that that succeeds to Santa Xxxxx Campus Property Owner I LLC’s interest as Landlord under the Lease) and shall not include any other person or entity; provided, however, that Landlord may include in any claim owed by Tenant to it any amount which Landlord shall pay or be obligated to indemnify any other person or entity, and (B) any indemnity obligation shall be limited to losses caused by, or arising as a result of any act or failure to act of, Tenant or Tenant’s occupation, use or improvement of the Premises, or that of its employees, agents or contractors, (ii) Tenant’s breach of its obligations hereunder or (iii) any act or omission of Tenant or any subtenant, licensee, assignee or concessionaire of Tenant, or of any officer, agent, employee, guest or invitee of Tenant, or of any such entity in or about the Premises. Notwithstanding the foregoing, in the event any Claims are caused by the joint or concurrent negligence of Landlord or Tenant, Tenant's indemnification obligation with respect to Landlord shall be limited to the extent of the negligence of Tenant, and in no event shall Tenant have any obligation to indemnify Landlord against Claims arising out of the sole negligence of Landlord. FOR THE SOLE PURPOSE OF GIVING FULL FORCE AND EFFECT TO THE INDEMNIFICATION OBLIGATIONS UNDER THIS LEASE AND NOT FOR THE BENEFIT OF ANY EMPLOYEES OF TENANT OR ANY THIRD PARTIES UNRELATED TO THE PARTIES INDEMNIFIED UNDER THIS LEASE, TENANT SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT MAY BE GRANTED IT UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW. This indemnity with respect to acts or omissions during the term of this Lease shall survive termination or expiration of this Lease. Tenant shall promptly notify Landlord of casualties or accidents occurring in or about the Premises. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF SECTION 29 AND THIS SECTION 21 WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.;