Common use of Tenant’s Indemnification Clause in Contracts

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect defend and hold Landlord Landlord, its partners, shareholders, officers, directors, affiliates, agents, employees and the Landlord Parties contractors, harmless from and against, any and all liability for injury to or death of any person, or loss of or damage to the property of any person, and all actions, claims, damagesdemands, judgments, suits, causes of action, losses, liabilities and expenses, costs (including, without limitation, reasonable attorneys’ fees and court costs (collectively, “Indemnified Claims”' fees), damages or expenses of any kind arising therefrom which may be brought or resulting from (a) any occurrence in made against Landlord or which Landlord may pay or incur by reason of the Premises following the date Landlord delivers possession of all or any portion use, occupancy and enjoyment of the Premises to Tenantby Tenant or any invitees, except to the extent caused by sublessees, licensees, assignees, employees, agents or contractors of Tenant or holding under Tenant from any cause whatsoever other than the gross negligence or willful misconduct of Landlord or omission by Landlord’s , its agents or employees. Landlord, its partners, shareholders, officers, directors, affiliates, agents, employees and contractors shall not be liable for, and Tenant hereby waives all claims against such persons for, damages to goods, wares and merchandise in or upon the Premises, or for injuries to Tenant, its agents or third persons in or upon the Premises, from any cause whatsoever other than (a) the gross negligence or willful misconduct or omission by Landlord, its agent or employees, (b) for which Landlord shall indemnify, defend and hold Tenant, its partners, shareholders, officers, directors, affiliates, agents, employees and contractors, harmless from any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default by Tenant as all liability for injury to any obligations on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, of any person, or any loss of, of or damage toto the property of any person, and all actions, claims, demands, costs (including, without limitation, reasonable attorneys' fees), damages or expenses of any property on the Premises, kind arising therefrom which may be brought or on adjoining sidewalks, streets made against Tenant or ways, which Tenant may pay or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties incur by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing gross negligence or willful misconduct or omission by Landlord, its agents or employees (b) claims to which approval shall not be unreasonably withheld. Tenant’s Landlord's indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease9.6(g) apply.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect defend and hold harmless Landlord and the Landlord Parties harmless its agents, employees, partners, members, shareholders, officers and directors (collectively “Landlord’s Agents”) against and from and against, any and all claims, damagesliabilities, judgments, suitscosts, demands, causes of action, losses, liabilities action and expenses, expenses (including, without limitation, reasonable attorneys’ fees and court costs (collectively, “Indemnified Claims”), fees) arising or resulting from (a1) any occurrence in the Premises following the date Landlord delivers possession of all or any portion Tenant’s use of the Premises to Tenant, except to or the extent caused by the gross negligence Building or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) from any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing activity done, permitted or suffered by Tenant or any of Tenant’s Parties, Agents or invitees in or and about the Premises, the BuildingBuilding or the Property, the Facility or elsewhere in the Project; and/or and (d2) any default by Tenant as to any obligations on act, neglect, fault, willful misconduct or omission of Tenant, or Tenant’s part to be performed under Agents and invitees or from any breach or default in the terms of this Lease by Tenant, and (3) any action or the terms proceeding brought on account of any contract matter in items (1) or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises(2). The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case If any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenantclaim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel approved in writing by reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, which approval shall not be unreasonably withheldTenant hereby assumes all risk of damage to property or injury to persons in or about the Premises from any cause whatsoever, except to the extent any such damage or injury is caused by the negligence or willful misconduct by Landlord or its Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease. Tenant’s indemnification The obligations of Tenant under this Section 16.2 and elsewhere in this Lease Paragraph 15 shall survive the expiration or earlier any termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and The foregoing indemnity shall not relieve any insurance carrier of its obligations under any policies required to be carried by Tenant either party pursuant to the provisions of this Lease, to the extent that such policies cover the peril or occurrence that results in the claim that is subject to the foregoing indemnity.

Tenant’s Indemnification. From and after execution of this Lease, Tenant shall be liable forassumes all risks of its own operations, and those of its agents, independent contractors, and any licensees, including the Atascadero BMX Association. Tenant and its agents, independent contractors, and any licensees, including the Atascadero BMX Association, shall indemnify, defend, protect defend and hold Landlord Landlord, its employees, directors, officers and the Landlord Parties agents harmless from and against, any and all demands, claims, damages, judgments, suits, causes of action, lossesfines, liabilities penalties, damages (including consequential damages), liabilities, judgments, and expenses, expenses (including, without limitation, reasonable attorneys’ ' fees and court costs expert witness fees) which arise out of or relate to: (collectively, “Indemnified Claims”), arising 1) the use or resulting from occupancy or manner of use or occupancy of the Land by Tenant or any person claiming under Tenant; (a2) any occurrence activity, work, or thing done or permitted by Tenant in or about the Premises following the date Landlord delivers possession of all Land; (3) any breach by Tenant or any portion of the Premises to Tenantits employees, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, invitees of this Lease; and (b4) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damagedamage to the person, property or business of Tenant, its employees, agents, or contractors or any invitees entering upon the Land under the express or implied invitation of Tenant. In case If any action or proceeding is brought against Landlord or any Landlord Parties its employees, directors, officers or agents by reason of any such Indemnified Claimsclaim for which Tenant has indemnified Landlord, Tenant, upon written notice from Landlord, shall will defend the same at Tenant’s 's expense by with counsel approved in writing by reasonably satisfactory to Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification 's obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier other termination of this Lease. The Tenant shall have each of its agents, independent contractors, and any licensees, including the Atascadero BMX Association sign an agreement in favor of Landlord that obligates each of Tenant’s covenantsagents, agreements independent contractors, and indemnification any licensees, including the Atascadero BMX Association, to indemnify Landowner in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to accordance with the provisions terms of this LeaseLease Agreement and promptly provide Landlord with copies of such agreements.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s PartiesParties in connection with Tenant’s occupancy of the Premises during the Term, as the same may be extended; (c) the use of the Premises, the Building, the Facility Building and the Project Property and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility Building or elsewhere in on the ProjectProperty; and/or (d) any default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the PremisesLease. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheldwithheld or delayed. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. Subject to this Section, Tenant shall be liable for, and shall indemnify, defend, protect defend and hold Landlord and the Landlord Parties Landlord, its trustees, general partners, limited partners, agents, employees or contractors, harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs claims (collectively, “Indemnified Claims”), 1) arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the 's use of the Premises, ; (2) arising from the Building, the Facility and the Project and conduct of Tenant’s 's business by Tenant or from any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the BuildingProperty, the Facility Building or elsewhere the Common Areas and (3) arising from the act, omission, or negligence of any agent, employee, subtenants, licensee or invitee of Tenant, in or about the Property, the Premises, Building or the Common Areas. Tenant shall further indemnify, defend and hold Landlord, its trustees, general partners, limited partners, agents, employees or contractors, harmless from all claims arising from any breach or default in the Project; and/or (d) performance of any default by Tenant as to any obligations on Tenant’s part obligation to be performed by Tenant under the terms of this Lease or including Tenant's obligation to comply with the terms of Rules and Regulations and Covenants, Conditions and Restrictions and from and against all costs, attorneys' fees, expenses and liabilities incurred in connection with any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, claim or any loss ofaction or proceeding which is brought against Landlord, its trustees, general partners, limited partners, agents, employees or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damagecontractors. In case any action or proceeding is shall be brought against Landlord or any Landlord Parties by reason of any such Indemnified Claimsclaim, Tenant, upon notice from Landlord, shall defend the same at Tenant’s 's expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 , as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Property, Premises, Building, or the Common Areas from any cause whatsoever except that which is caused by the failure of Landlord, its general; partners, limited partners, agents, employees or contractors, to observe any of the terms and elsewhere in conditions of this Lease shall survive the expiration where such failure has persisted for an unreasonable period of time after written notice of such failure to Landlord. Tenant hereby waives all its claims in respect thereof against Landlord, its general partners, limited partners, agents, employees or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Leasecontractors.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ ' fees and court costs (collectively, “"Indemnified Claims”"), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s 's agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s 's Parties; (c) the use of the Premises, the Building, the Facility Building and the Project Property and conduct of Tenant’s 's business by Tenant or any of Tenant’s 's Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s 's Parties, in or about the Premises, the Building, the Facility Building or elsewhere in on the ProjectProperty; and/or (d) any default by Tenant as to any obligations on Tenant’s 's part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s 's expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s 's covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. Tenant Subject to the waiver of subrogation provided under Xxxxxxxxx 00.0, Xxxxxx, its successors and assigns shall be liable for, and shall indemnify, defend, protect indemnify and hold harmless Landlord and the Landlord Parties harmless all superior lessors or superior mortgagees and its and their respective partners, directors, officers, agents and employees from and against, against any and all claimsthird-party claims arising from or in connection with: (i) the conduct or management of the Premises or of any business therein, damagesor any work or thing whatsoever done, judgmentsor any condition created (even if due to Landlord's negligence or breach of this Lease) in or about the Premises, suitsduring the Term of this Lease; (ii) any act, causes omission or negligence of actionTenant or any of its subtenants or licensees or its or their partners, lossesdirectors, officers, agents, employees, invitees or contractors; (iii) any accident, injury or damage whatever (even if caused by Landlord's negligence) occurring in, at or upon the Premises; and (iv) any breach or default by Tenant in the full and prompt payment and performance of Tenant's obligations under this Lease; together with all costs, expenses and liabilities and expensesincurred or in connection with each such claim or action or proceeding brought thereon, including, without limitation, all attorneys’ ' fees and court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damageexpenses. In case any action or proceeding is brought against Landlord or any superior lessor or superior mortgagee or its or their partners, directors, officers, agents or employees and such claim is a claim for which Tenant is obligated to indemnify Landlord Parties by reason of any such Indemnified Claimspursuant to this Paragraph 26.2, Tenant, upon notice from LandlordLandlord or such superior lessor or superior mortgagee, shall resist and defend the same at Tenant’s expense such action or proceeding (by counsel approved in writing by reasonably satisfactory to Landlord, which approval shall not be unreasonably withheld). Tenant’s indemnification obligations The obligation of Tenant under this Section 16.2 and elsewhere in this Lease Paragraph 26.2 shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except Except to the extent caused by the gross negligence or willful misconduct of the Indemnitees, Tenant shall indemnify, defend and hold harmless Landlord or Landlord’s agentsand its officers, contractors or directors, employees, attorneys and agents (bcollectively, the “Indemnitees”) from and against any act or omission and all claims, demands, causes of Tenant or any of action, judgments, costs, expenses, and all losses and damages incurred by the Indemnitees (excluding consequential but including punitive damages) to the extent arising from Tenant’s Parties; (c) the use of the Premises, Premises or from the Building, the Facility and the Project and conduct of Tenant’s its business by Tenant or from any of Tenant’s Partiesactivity, work, or any other activity, work acts or thing things done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, or the Building, and shall further indemnify, defend and hold harmless the Facility Indemnitees from and against any and all claims arising from any breach or elsewhere default in the Project; and/or (d) performance of any default by Tenant as to any obligations obligation on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury toLease, or death ofarising from any act, any personomission or negligence or willful or criminal misconduct of Tenant, or any loss ofofficer, agent, employee, or damage toindependent contractor, any property on the Premisesguest, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy invitee thereof, whether and from all costs, reasonable attorney fees and disbursements, and liabilities incurred in the defense of any such claim or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is which may be brought against Landlord against, out of or in any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon way related to this Lease. Upon notice from Landlord, Tenant shall defend the same any such claim, demand, cause of action or suit at Tenant’s expense by counsel approved satisfactory to Landlord in writing by Landlord, which approval shall not be unreasonably withheldits reasonable discretion. Tenant’s indemnification obligations under Landlord waives all claims against Tenant for consequential damages arising from any cause whatsoever. The provisions of this Section 16.2 and elsewhere in this Lease 4.9 shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. Except to the extent waived by Paragraph 11.3, Tenant shall be liable forhereby agrees to defend (with counsel reasonably satisfactory to Landlord or Landlord’s Agents, and shall indemnifyas applicable), defend, protect indemnify and hold harmless Landlord and the Landlord Parties harmless Landlord’s Agents from and against, against any and all claims, damagesdamage, judgmentsloss, suits, causes of action, losses, liabilities and expenses, including, without limitation, liability or expense including attorneys’ fees and court legal costs (collectivelysuffered directly or by reason of any claim, “Indemnified Claims”)suit or judgment brought by or in favor of any person or persons for damage, arising loss or resulting from (a) expense due to, but not limited to, bodily injury and property damage sustained by such person or persons which arises out of, is occasioned by or in any occurrence in way attributable to the Premises following the date Landlord delivers possession of all use or any portion occupancy of the Premises to or Project, the Project, or any part thereof and adjacent areas by Tenant, the acts or omissions of the Tenant and/or Tenant’s Agents, except to the extent caused by the gross negligence or willful misconduct [***] of Landlord or Landlord’s agentsAgents. Tenant agrees that the obligations assumed herein shall survive the termination or expiration of this Lease. The foregoing indemnity shall not apply, contractors however, to any claims, damage, loss, liability or employeesexpense arising out of or in connection with the presence of any Hazardous Materials in, (b) on or about the Premises or the Project, which indemnity shall be governed solely by the provisions of Paragraph 6.6. Landlord shall protect, defend, indemnify and hold Tenant harmless from all loss, damage, liability or expense, including attorneys’ fees, resulting from any act or omission of Tenant injury to any person or any loss of Tenant’s Parties; or damage to any property caused by or resulting from (ci) the use of with respect to the Premises, the Building, the Facility and the Project and conduct [***] of Tenant’s business by Tenant Landlord or any of Tenant’s Partiesofficer, employee, agent, or any contractor of Landlord; and (ii) with respect to the remainder of the Building and Project other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about than the Premises, the Building[***] of Landlord or any officer, employee, agent, or contractor of Landlord; but the Facility foregoing provision shall not be construed to make Landlord responsible for loss, damage, liability or elsewhere in the Project; and/or expense resulting from injuries to third parties caused by any act, omission (dwhere Tenant had a duty to act) any default by Tenant as to any obligations on or negligence of Tenant’s part to be performed under the terms of this Lease , or the terms of any contract officer, employee, agent, contractor, invitee or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premisesvisitor of Tenant. The foregoing indemnification indemnity shall includenot apply, but not be limited tohowever, to any injury toclaims, damage, loss, liability or death of, any person, expense arising out of or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected in connection with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason presence of any such Indemnified ClaimsHazardous Materials in, Tenant, upon notice from Landlord, shall defend on or about the same at Tenant’s expense by counsel approved in writing by LandlordPremises or the Project, which approval indemnity shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried governed solely by Tenant pursuant to the provisions of this LeaseParagraph 6.6.

Tenant’s Indemnification. Tenant shall be liable forwaives all claims against Landlord, its Security Holders (defined in Section 17), Landlord’s managing agent(s), their (direct or indirect) owners, and shall indemnifythe beneficiaries, defendtrustees, protect officers, directors, employees and hold agents of each of the foregoing (including Landlord, the “Landlord and Parties”) for the following, including if caused by any active or passive act, omission or neglect of any Landlord Parties harmless from and against, Party or by any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, act or omission for which liability without limitation, attorneys’ fees and court costs fault or strict liability may be imposed: (collectively, “Indemnified Claims”), arising i)any damage to person or property (or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession loss of all or any portion of the Premises to Tenantuse thereof), except to the extent such damage is caused by the gross negligence or willful misconduct of any Landlord or Landlord’s agentsParty and not covered by (i.e., contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (cexceeding the coverage limits) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant hereunder or to the provisions extent such limitation on liability is prohibited by law, or (ii) any failure to prevent or control any criminal or otherwise wrongful conduct by any third party or to apprehend any third party who has engaged in such conduct. Tenant shall indemnify, defend, protect, and hold the Landlord Parties harmless from any obligation, loss, claim, action, liability, penalty, damage, cost or expense (including reasonable attorneys’ and consultants’ fees and expenses) (each, a “Claim”) that is imposed or asserted by any third party and arises from (a) any cause in, on or about the Premises, (b) occupancy of the Premises by, or any negligence or willful misconduct of, Tenant, any party claiming by, through or under Tenant, their (direct or indirect) owners, or any of their respective beneficiaries, trustees, officers, directors, employees, agents, contractors, licensees or invitees (including Tenant, the “Tenant Parties”), or (c) any breach by Tenant of any representation, covenant or other term contained herein. The foregoing indemnification shall apply regardless of any active or passive negligence of the Landlord Parties and regardless of whether liability without fault or strict liability may be imposed upon the Landlord Parties; provided, however, that, with respect to any Landlord Party, Tenant’s obligations under this Section shall be inapplicable (i) to the extent such Claims arise from the negligence or willful misconduct of such Landlord Party or a breach of this LeaseLease by Landlord, and are not covered by (i.e., exceeding the coverage limits) the insurance required to be carried by Tenant hereunder, or (ii) to the extent such obligations are prohibited by applicable Laws.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect indemnify and hold harmless Landlord and the Landlord Parties harmless from its directors, officers, employees, partners, members, managers, agents, consultants, contractors, representatives, licensees, insureds, successors, assigns and against, shareholders (“Landlord’s Indemnitees”) for any and all actions, claims, damagesor liabilities for bodily injuries, judgmentsretention of liens, suitsregulatory actions, causes enforcement actions, nuisance claims and third-party property damage resulting from, or in any way connected with, the performance of action, losses, liabilities and expensesor failure to perform of Tenant’s material obligations pursuant to this Lease, including, without limitation, any reasonable costs, expenses and attorneys’ fees that may be incurred by Landlord or Landlord’s Indemnitees incident to any such liability; provided, however, that Tenant shall not be required to indemnify and court costs (collectivelyhold Landlord or Landlord’s Indemnitees harmless from any claims, “Indemnified Claims”)demands, arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenantlosses, except damages, expenses and other liabilities due to the extent caused by the gross fault or negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant Indemnitees. If Landlord or any of Landlord’s Indemnitees intends to seek indemnification under this Section from Tenant with respect to any action or claim, Landlord or such Landlord’s Indemnitee(s) shall give Tenant written notice of such claim within ninety (90) Days of the commencement of, or actual knowledge by Landlord or such Landlord’s Indemnitee(s) of, such claim or action, and Tenant shall have no liability under this Section for any claim or action for which such notice is not provided, unless failure to give notice does not substantially prejudice Tenant. Landlord or such Landlord’s Parties; (cIndemnitee(s) shall have the right, at its sole cost and expense, to participate in any such claim or action. Landlord or such Landlord’s Indemnitee(s) shall not compromise or settle any such claim or action without the prior written consent of Tenant. Tenant shall use reasonable efforts to prevent any liens from being filed against the Premises, or the Entertainment Complex as a result of work performed by, at the request or on behalf of Tenant. Tenant shall indemnify and save harmless Landlord against all loss, liability, costs, attorney’s fees, damages or interest charges as a result of any mechanic’s lien or any other lien caused to be filed against the Premises, the Building, the Facility and the Project and conduct of Entertainment Complex or Tenant’s business by leasehold estate in the Premises as a result of acts or omissions of Tenant or any of Tenant’s Partiesits agents, or any other activitycontractors and employees, work or thing doneand Tenant shall, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or within thirty (d30) any default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice Days of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason filing of any such Indemnified Claims, lien and written notice given to Tenant, upon notice from remove, pay or cancel said lien or secure the payment of any such lien or liens by bond or other security reasonably acceptable to Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. 21.1 To the extent permitted by applicable law, except in the case of Landlord's negligence or willful misconduct, Tenant shall be liable for, and shall indemnify, defend, protect defend and hold harmless Landlord, Landlord's asset manager, Landlord's subasset manager, Landlord's partners, any subsidiary or affiliate of Landlord and the Landlord Parties harmless officers, directors, shareholders, partners, employees, managers, independent contractors, attorneys and agents of any of the foregoing (collectively, the "Indemnitees") from and against, against any and all claims, damages, judgments, suitsdemands, causes of action, lossesjudgments, liabilities costs and expenses, including, without limitation, attorneys’ fees and court costs all losses and damages (collectively, “Indemnified Claims”), including consequential and punitive damages) arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the 's use of the Premises, Demised Premises or from the Building, the Facility and the Project and conduct of Tenant’s its business by Tenant or from any of Tenant’s Partiesactivity, work, or any other activity, work acts or thing things done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Demised Premises, and shall further indemnify, defend and hold harmless the Building, the Facility indemnitees from and against any and all claims arising from any breach or elsewhere default in the Project; and/or (d) performance of any default by Tenant as to any obligations obligation on Tenant’s 's part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury tolease, or death ofarising from any act, any personomission or negligence or willful or criminal misconduct of Tenant, or any loss ofofficer, agent, employee, independent contractor, guest, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy invitee thereof, whether and from all costs, attorneys' fees and disbursements, and liabilities incurred in the defense of any such claim or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is which may be brought against Landlord against, out of or in any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon way related to this lease. Upon notice from Landlord, Tenant shall defend the same any such claim, demand, cause of action or suit at Tenant’s 's expense by counsel approved satisfactory to Landlord in writing its sole discretion. As a material part of the consideration to Landlord for this lease, Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Demised Premises from any cause, and Tenant hereby waives all claims with respect thereto against Landlord (except to the extent caused by the negligence of Landlord, which approval ). Tenant shall not be unreasonably withheldgive immediate notice to Landlord in case of casualty or accidents in the Demised Premises. Tenant’s indemnification obligations under The provisions of this Section 16.2 and elsewhere in this Lease Article 21 shall survive the expiration or earlier sooner termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Leaselease.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Landlord Indemnified Claims”), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default Default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or any default by Tenant under the terms of any other contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Landlord Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. Except as otherwise provided in this Section 17.1 and in Section 17.2 and subject to the waiver of subrogation set forth in Section 15.5, Tenant shall be will neither hold nor attempt to hold Landlord, its affiliates, their respective Agents or Mortgagee liable for, and shall Tenant will indemnify, defendhold harmless and defend (with counsel reasonably acceptable to Landlord) Landlord, protect its affiliates, their respective Agents and hold Landlord and the Landlord Parties harmless Mortgagee, from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), Claims incurred In connection with or arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (ci) the use or occupancy or manner of use or occupancy of the Premises, or the Buildinguse of Common Areas, the Facility and the Project and conduct of Tenant’s business by Tenant or its Agents; (ii) any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, its Agents in or about the Premises, the Building, the Facility Premises or elsewhere done by Tenant or its Agents in or about the Project; and/or (diii) any default acts, omissions or negligence of Tenant or its Agents in or about the Premises or the Project; (iv) any breach, violation or nonperformance by Tenant as to any obligations on Tenant, or violation by Tenant’s part to be performed under the terms Agents, of any term, covenant or provision of this Lease or the terms any law, ordinance or governmental requirement of any contract kind; (v) any injury or agreement damage to which the person, property or business of Tenant is a party or by which it is boundits Agents, affecting this Lease including, without limitation, to vehicles (or the Premises. The foregoing indemnification shall includecontents thereof) of Tenant or Tenant’s Agent’s that are parked in the Parking Facilities, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected whether incurred in connection with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason removal of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved vehicles of Tenant or its Agents that are parked in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination violation of this Lease. , the Rules and Regulations or otherwise; and (vi) arising in connection with the exercise by Tenant or Tenant’s covenantsAgents of the rights granted to Tenant’s employees in connection with the Dog Visitation Policy. Notwithstanding the foregoing, Tenant’s indemnities and hold harmless agreements and indemnification set forth in Section 16.1 and this Section 16.2 are not intended to and 17.1 shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant apply to the provisions extent that the Claim is caused by the negligence or willful misconduct of this LeaseLandlord.

Tenant’s Indemnification. 21.1 Tenant shall be liable for, and shall indemnify, defend, protect defend and hold Landlord harmless Landlord, Landlord's asset manager, Landlord's subasset manager, Landlord's partners, any subsidiary or affiliate of Landlord, any Mortgagee, and the Landlord Parties harmless officers, directors, shareholders, partners, employees, managers, independent contractors, attorneys and agents of any of the foregoing (collectively, the "Indemnitees") from and against, against any and all claims, damages, judgments, suitsdemands, causes of action, lossesjudgments, liabilities costs and expenses, including, without limitation, attorneys’ fees and court costs all losses and damages (collectively, “Indemnified Claims”), including consequential and punitive damages) arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion Tenant's use of the Demised Premises to Tenantor from the conduct of its business or from any activity, work, or other acts or things done, permitted or suffered by Tenant in or about the Demised Premises, except to the extent caused by the Landlord's gross negligence or willful misconduct of Landlord misconduct, and Tenant shall further indemnify, defend and hold harmless the Indemnitees from and against any and all claims arising from any breach or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere default in the Project; and/or (d) performance of any default by Tenant as to any obligations obligation on Tenant’s 's part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury tolease, or death ofarising from any act, any personomission or negligence or willful or criminal misconduct of Tenant, or any loss ofofficer, agent, employee, independent contractor, guest, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy invitee thereof, whether and from all costs, attorneys' fees and disbursements, and liabilities incurred in the defense of any such claim or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is which may be brought against Landlord against, out of or in any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon way related to this lease. Upon notice from Landlord, Tenant shall defend the same any such claim, demand, cause of action or suit at Tenant’s 's expense by counsel approved reasonably satisfactory to Landlord in writing by its sole discretion. As a material part of the consideration to Landlord for this lease, Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Demised Premises from any cause (excluding liability and damages arising from the environmental condition of the Industrial Complex as of the date of this lease and any remediation and monitoring obligations related thereto), and Tenant hereby waives all claims with respect thereto (except as herein provided) against Landlord, which approval . Tenant shall not be unreasonably withheldgive immediate notice to Landlord in case of casualty or accidents in the Demised Premises. Tenant’s indemnification obligations under The provisions of this Section 16.2 and elsewhere in this Lease Article 21 shall survive the expiration or earlier sooner termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Leaselease.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect defend and hold ------------------------- Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities liabilities, costs, expenses and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), claims arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion Tenant's use of the Premises to Tenant, except to or the extent caused by the gross negligence or willful misconduct conduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant its business or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work work, or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility (b) any breach or elsewhere default in the Project; and/or (d) performance of any default by Tenant as to any obligations on Tenant’s part obligation to be performed by Tenant under the terms of this Lease Lease, (c) any act, neglect, fault or the terms omission of any contract Tenant or agreement to which Tenant is a party of its agents or by which it is boundemployees, affecting this Lease and (d) all costs, attorneys' fees, expenses and liabilities incurred in or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, about such claims or any loss of, action or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damageproceeding brought thereon. In case any action or proceeding is shall be brought against Landlord or any Landlord Parties by reason of any such Indemnified Claimsclaim, Tenant, Tenant upon notice from Landlord, Landlord shall defend the same at Tenant’s 's expense by counsel approved in writing by Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of and waives all claims against Landlord with respect to damage to property or. injury to persons in, upon or about the Premises from any cause whatsoever except that which approval is caused by the failure of Landlord to observe any of the terms and conditions of this Lease where such failure has persisted for an unreasonable period of time after written notice to Landlord of such failure. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TENANT ACKNOWLEDGES AND AGREES THAT IT SHALL BE SOLELY RESPONSIBLE FOR PROVIDING ADEQUATE SECURITY FOR ITS PREMISES, AND ITS USE OF THE BUILDING AND THE COMMON AREAS THEREOF. LANDLORD SHALL HAVE NO RESPONSIBILITY TO PREVENT, AND SHALL NOT BE LIABLE TO TENANT, ITS AGENTS, EMPLOYEES, CONTRACTORS, VISITORS OR INVITEES, FOR LOSSES DUE TO THEFT, BURGLARY OR OTHER CRIMINAL ACTIVITY, OR FOR DAMAGES OR INJURIES TO PERSONS OR PROPERTY RESULTING FROM PERSONS GAINING ACCESS TO THE PREMISES OR THE BUILDING, AND TENANT HEREBY RELEASES LANDLORD AND ITS AGENTS AND EMPLOYEES FROM ALL LIABILITIES FOR SUCH LOSSES, DAMAGES OR INJURY, REGARDLESS OF THE CAUSE THEREOF. Notwithstanding the foregoing, Tenant shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant indemnify or release Landlord for bodily injury to persons to the provisions of this Leaseextent such injury is directly caused by or results from Landlord's gross negligence or willful misconduct.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs : (collectively, “Indemnified Claims”), arising or resulting from (ai) any occurrence Remedial Work required under any Environmental Law or by any Governmental Agency in the Premises following due to the date Landlord delivers possession activities of all Tenant and/or its agents, independent contractors, representatives and/or employees or with respect to any portion activities of Tenant and/or its agents, independent contractors, representatives and/or employees in the Property, (ii) any breach of this Paragraph 9 of this Lease; and (iii) any claims of third parties for loss, injury, expense, or damage arising out of the Premises to Tenantpresence, except to the extent caused by the gross negligence release, or willful misconduct discharge of Landlord any Hazardous Materials on, under, in, above, to, or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of from the Premises, or in the Building, Property if due to the Facility and the Project and conduct activities of Tenant’s business by Tenant or . In the event any of Tenant’s PartiesRemedial Work is so required under any applicable federal, state, or any other activitylocal law, work rule, regulation or thing doneorder due to the activities of Tenant and/or its agents, permitted independent contractors, representatives and/or employees, Tenant shall promptly perform or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default by Tenant as to any obligations on Tenant’s part cause to be performed such Remedial Work in compliance with such law, rule, regulation, or order. In the event Tenant shall fail to commence the Remedial Work in a timely fashion, or shall fail to prosecute diligently the Remedial Work to completion, such failure shall constitute an event of default on the part of Tenant under the terms of this Lease Lease, and Landlord, in addition to any other rights or the terms of any contract or agreement to which Tenant is a party or by which remedies afforded it is boundhereunder, affecting this Lease or the Premises. The foregoing indemnification shall includemay, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheldobligated to, cause the Remedial Work to be performed, and Tenant shall promptly reimburse Landlord for any and all costs and expenses, including attorneys fees, related thereto upon demand. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease This provision shall expressly survive the expiration or earlier termination of this the Lease. Tenant’s covenants, agreements Landlord and indemnification in Section 16.1 and this Section 16.2 Landlord's representatives are not intended authorized to enter the Premises at any time to inspect the Remedial Work. Tenant shall keep Landlord apprised of all efforts to perform the Remedial Work and shall not relieve any insurance carrier provide Landlord with copies of its obligations under policies required to be carried by Tenant pursuant all correspondence, reports, or other documents pertaining to the provisions Remedial Work within 48 hours of this LeaseTenant's receipt of such documentation.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect defend and hold harmless Landlord and its officers, directors, owners, employees, attorneys and agents (collectively, the "Landlord Parties harmless Indemnitees") from and against, against any and all claims, damages, judgments, suitsdemands, causes of action, lossesjudgments, liabilities and costs, expenses, including, without limitation, attorneys’ fees and court costs all losses and damages (collectively, “Indemnified Claims”), including consequential and punitive damages) arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion Tenant's use of the Premises to Tenant, except to or from the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s its business by Tenant or from any of Tenant’s Partiesactivity, work, or any other activity, work acts or thing things done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, and shall further indemnify, defend and hold harmless the Building, the Facility Landlord Indemnitees from and against any and all claims arising from any breach or elsewhere default in the Project; and/or (d) performance of any default by Tenant as to any obligations obligation on Tenant’s 's part to be performed under the terms of this Lease Lease, or arising from any act, omission or negligence or willful or criminal misconduct of Tenant, or any officer, agent, employee, independent contractor, guest, or invitee thereof, and from all costs, reasonable attorneys' fees and disbursements, and liabilities incurred in the terms defense of any contract such claim or agreement any action or proceeding which may be brought against, out of or in any way related to which this Lease. Tenant's indemnity obligations set forth in this Section 13.3(a) shall not operate or apply to any such claim(s) arising from Landlord's negligence or willful misconduct. Upon notice from Landlord, Tenant shall defend any such claim, demand, cause of action or suit at Tenant's expense by counsel satisfactory to Landlord in its sole discretion. As a material part of the consideration to Landlord for this Lease, Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause, and Tenant hereby waives all claims with respect thereto against the Indemnitees, except to the extent Landlord is a party obligated to indemnify Tenant pursuant to Section 13.3(b). Tenant shall give immediate notice to Landlord in case of casualty or by which it is bound, affecting this Lease or accidents in the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice provisions of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease 13.3(a) shall survive the expiration or earlier sooner termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect indemnify and hold Landlord and the Landlord Parties its members, managers, employees, agents, affiliates, officers, directors, and lenders and property managers harmless from and against, any and all claims, damages, judgments, suitsdemands, causes of action, lossesfines, injunctions and liabilities (collectively “Claims”) and expenses, including, without limitation, all reasonable expenses incurred in investigating and defending Claims (including reasonable attorneys’ fees and court costs fees) arising out (collectivelyi) of any occurrence within the Premises or the Project or in connection with Tenant occupancy or use thereof (provided, “Indemnified Claims”however, for claims arising outside of the Premises, Tenant’s indemnity shall only apply if such claims arise out of the acts of Tenant, its employees, customers, invitees, contractors, agents, or others under Tenant’s control), arising or resulting from (aii) any occurrence in the Premises following the date Landlord delivers possession breach of all Tenant’s representations, warranties, covenants or any portion of the Premises to Tenantother obligations under this Lease, except to the extent caused by any such Claim arises out of the gross negligence or willful misconduct of Landlord or its employees or agents. Following notice from Landlord, Tenant shall defend all Claims covered by Xxxxxx’s agents, contractors or employees, (b) indemnity obligations at Tenant’s expense. Tenant’s indemnity obligation shall survive the termination of this Lease as to any act or omission of Tenant or any of Tenant’s Parties; (c) alleged to have occurred during the use of the Premises, the Building, the Facility and the Project and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination Term of this Lease. Tenant’s covenantsindemnity obligations under this Lease shall not be limited by any limitation on the amount or type of damages, agreements and indemnification compensation, or benefits payable to or for any third party under the Worker Compensation Acts, Disability Benefit Acts or other employee benefit acts. Tenant’s indemnity obligations shall be covered by Tenant’s liability insurance as provided in Section 16.1 11. This paragraph has been specifically and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to mutually negotiated between the provisions of this Leaseparties.

Tenant’s Indemnification. Except to the extent the claim arises out of any negligence or willful misconduct of Landlord or Landlord’s Parties, Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Landlord’s Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising out of or resulting from third party claims against Landlord arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility Building and the Project Property and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility Building or elsewhere in on the ProjectProperty; and/or (d) any default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Landlord’s Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. Except to the extent arising from the negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility Building and the Project Property and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility Building or elsewhere in on the ProjectProperty; and/or (d) any default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect defend and hold Landlord harmless Landlord, its officers, directors, shareholders, members, affiliates, partners, agents, employees, subsidiaries, successors and assigns (all of which shall be deemed included in the Landlord Parties harmless term “Landlord” for purposes of this Article 12) from and against, against any and all liabilities, obligations, penalties, fees, claims, damageslitigation, demands, defenses, judgments, suits, causes proceedings, actions, costs, disbursements or expenses of action, losses, liabilities and expenses, any kind or of any nature whatsoever (including, without limitation, reasonable attorneys’ and expert fees and court costs (collectivelydisbursements) in connection with loss of life, “Indemnified Claims”), personal injury and/or damage to or destruction of property arising from or resulting from (a) out of any occurrence in in, upon or at the Premises following Leased Premises, or the date Landlord delivers possession of all occupancy or any portion use by Tenant of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act or omission of Tenant or any of Tenant’s Parties; (c) the use of the Leased Premises, the BuildingBuilding or Common Areas, or any parts thereof, or the Facility and the Project and conduct of Tenant’s business by Tenant or profession at the Leased Premises or from any breach or default in performance of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility or elsewhere in the Project; and/or (d) any default by Tenant as to any obligations obligation on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury toLease, or death ofoccasioned wholly or in part by any act or omission of Tenant, any personits agents, contractors, employees, servants, subtenants, concessionaires, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheldinvitees. Tenant’s indemnification obligations shall not extend to (i) claims waived by Landlord under Section 11.5 above and (ii) any liabilities, obligations, penalties, fees, claims, actions, costs, disbursements or expenses of any kind arising from the violation of this Lease by Landlord, negligence or willful misconduct of Landlord, its employees, agents and contractors. In case Landlord shall be made a party to any such litigation commenced by or against Tenant, then Tenant shall protect, defend (with counsel chosen by Tenant’s insurer and reasonably acceptable to Landlord) and hold Landlord harmless and pay all reasonable costs and attorneys’ fees incurred by Landlord in connection with such litigation, and any appeals thereof. The provisions of this Section 16.2 and elsewhere in this Lease 12.1 shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.

Tenant’s Indemnification. Tenant shall be liable for, and shall indemnify, defend, protect and hold Landlord and the Landlord Parties harmless from and against, any and all claims, damages, judgments, suits, causes of action, losses, liabilities and expenses, including, without limitation, attorneys’ fees and court costs (collectively, “Indemnified Claims”), arising or resulting from (a) any occurrence in the Premises following the date Landlord delivers possession of all or any portion of the Premises to Tenant, except to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors or employees, (b) any act intentional act, gross negligence, willful misconduct or omission of Tenant or any of Tenant’s Parties; (c) the use of the Premises, the Building, the Facility Building and the Project Property and conduct of Tenant’s business by Tenant or any of Tenant’s Parties, or any other activity, work or thing done, permitted or suffered by Tenant or any of Tenant’s Parties, in or about the Premises, the Building, the Facility Building or elsewhere in on the ProjectProperty; and/or (d) any default Event of Default by Tenant as to any obligations on Tenant’s part to be performed under the terms of this Lease or the terms of any contract or agreement to which Tenant is a party or by which it is bound, affecting this Lease or the Premises. The foregoing indemnification shall include, but not be limited to, any injury to, or death of, any person, or any loss of, or damage to, any property on the Premises, or on adjoining sidewalks, streets or ways, or connected with the use, condition or occupancy thereof, whether or not Landlord or any Landlord Parties has or should have knowledge or notice of the defect or conditions causing or contributing to such injury, death, loss or damage. The foregoing indemnification shall not include damage to adjoining sidewalks, streets or ways except to the extent caused by Tenant’s signage. In case any action or proceeding is brought against Landlord or any Landlord Parties by reason of any such Indemnified Claims, Tenant, upon notice from Landlord, shall defend the same at Tenant’s expense by counsel approved in writing by Landlord, which approval shall not be unreasonably withheld. Tenant’s indemnification obligations under this Section 16.2 and elsewhere in this Lease shall survive the expiration or earlier termination of this Lease. Tenant’s covenants, agreements and indemnification in Section 16.1 and this Section 16.2 are not intended to and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease.