Common use of Tenant’s Indemnity Clause in Contracts

Tenant’s Indemnity. Other than in respect of the Excluded Liability, the Tenant shall indemnify and save harmless the Landlord from any and all costs, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect of To the Excluded Liabilityfullest extent permitted by law, the Tenant shall indemnify defend, indemnify, protect, save and save hold harmless the Landlord from Landlord, its agents, and any and all costsaffiliates of Landlord, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the following but for certaintyCommencement Date from Tenant’s use or occupancy of the Premises or the Building, excluding or from the Excluded Liability: (1) conduct of its business, or from any breachactivity, violation work, or non-thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees in or about the Premises, the Building or the Site, or from any default in the performance of any covenantobligation on Tenant’s part to be performed under this Lease, obligation or agreement from any act or negligence of Tenant or its agents, employees, visitors, patrons, guests, invitees or licensees; provided Tenant does not indemnify Landlord for any claims, liabilities, costs or expenses to the extent the same is caused by the negligence or willful misconduct on the part of Landlord, or its agents or employees, or for which Tenant is otherwise indemnified hereunder. In cases of alleged negligence asserted by third parties against Landlord which arise out of, are occasioned by, or in any way attributable to Tenant’s, its agents, employees, contractors, licensees or invitees use and occupancy of the Premises, the Building or the Site, or from the conduct of its business or from any activity, work or thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees on Tenant’s part to be performed under this Lease Lease, or from any act of negligence of Tenant, its agents, employees, licensees or invitees, Tenant shall accept any tender of defense for Landlord and shall, notwithstanding any allegation of negligence or willful misconduct on the part of the Tenant to be fulfilledLandlord, keptdefend Landlord and protect and hold Landlord harmless and pay all costs, observed or performed; (2) all legal expenses and attorneys’ fees and disbursements incurred in connection with such litigation, provided that Tenant shall not be liable for any appealsuch injury or damage, pertaining and Landlord shall reimburse Tenant for the reasonable attorney’s fees and costs for the attorney representing both parties, all to the extent and in the proportion that such injury or damage is ultimately determined by a court of competent jurisdiction (or in connection with any negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord. Upon Landlord’s request, Tenant shall at Tenant’s sole cost and expense, retain a separate attorney selected by Landlord to represent Landlord in any manner to this Lease such suit if Landlord determines that the representation of both Tenant and the Demised Premises; (3) any damage to property, either real or personal, owned Landlord by the Landlord same attorney would cause a conflict of interest provided, however, that to the extent and in the proportion that the injury or others resulting at damage which is the subject of the suit is ultimately determined by a court of competent jurisdiction (or in connection with any time upon or occurring in or about the Demised Premises, unless caused negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord, Landlord shall reimburse Tenant for the reasonable legal fees and costs of the Landlord or those for whom the Landlord is in law responsible; (4separate attorney retained by Tenant. The provisions of this Subsection 10.3(a) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless shall expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the expiration or sooner termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than Except to the extent caused by Landlord’s negligence or willful acts and subject to the waiver of subrogation set forth in respect of the Excluded LiabilitySection 12.2, the Tenant shall indemnify indemnify, defend, protect and save hold harmless the Landlord from any and against all costs, expensesactions, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Leasedemands, whether accrueddamages, actualliabilities, contingent includingLosses, without limitationpenalties, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance expenses of any covenant, obligation kind (“Claims”) brought or agreement in this Lease on the part imposed upon Landlord or which Landlord may pay or incur by reason of the Tenant injury to be fulfilled, kept, observed person or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by from whatever cause including the negligence of the Landlord Parties hereto, in any way connected with (a) the use of the Premises or those for whom the Landlord is in law responsible; Alterations, improvements or personal property therein or thereon, by Tenant or Tenant Parties; (4b) any personal violation or bodily injury alleged violation by Tenant or any Tenant Parties of any Laws and Regulations; (c) any liability under any Laws and Regulations by Tenant or any Tenant Parties; (d) any breach of the provisions of Article 16 by Tenant or any Tenant Parties; or (e) any Release of Hazardous Materials on the Premises, Building or Complex by Tenant or Tenant Parties. Tenant shall also reimburse Landlord costs of cleanup, remediation, removal and restoration that are in any way related to any person or personsmatter covered by the foregoing indemnity; provided, including deathhowever, resulting at any time upon or occurring in or about the Demised Premises, unless event a Claim was caused by the concurrent negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contractParties, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord Tenant’s indemnification obligation with respect to Landlord shall be limited to the preparation and/or review extent of such documentation required by the negligence of Tenant and Tenant Parties, and provided further that in no event shall Tenant be obligated to indemnify Landlord to give for a Claim which arises out of or results from the sole negligence of Landlord or a Landlord Party. For the sole purpose of giving full force and effect to the Demised Premisesindemnification obligations under this Agreement and not for the benefit of any employees of Tenant or any third parties unrelated to the parties indemnified under this Agreement, unless Tenant specifically and expressly stated waives any immunity that may be granted under the Washington State Industrial Insurance Act, Title 51 RCW. (TENANT’S INITIALS /s/ EF ). Further the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to be or for any third party under Worker Compensation Acts, Disability Benefit Acts or other employee benefit acts. Tenant’s obligations under this Section survive the responsibility expiration or termination of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in Tenant agrees to indemnify, defend and hold Landlord harmless from and against, and to reimburse Landlord with respect of the Excluded Liabilityto, the Tenant shall indemnify and save harmless the Landlord from any and all costs, expenses, claims, actions demands, causes of action, losses, damages, liabilities, costs and losses expenses (including without limitation attorneys' fees and court costs), fines and/or penalties of any and every nature and kind whatsoever and of or character, known or unknown, fixed or contingent, asserted or potentially asserted against or incurred by Landlord at any time and from all liabilities of every nature and kind whatsoever time to time by reason of, in connection with or arising out of (A) the Demised Premises and this Leasefailure of Tenant to perform any obligation herein required to be performed by Tenant regarding Applicable Environmental Laws, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1B) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned Applicable Environmental Law by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review Premises or the Improvements, or any disposal or 18. other release by Tenant or with respect to the Premises or the Improvements of any hazardous substance, environmental contaminants or solid waste on or to the Premises or the Improvements, whether or not resulting in a violation of any Applicable Environmental Law, (C) any act, omission, event or circumstance by Tenant or with respect to the Premises or the Improvements which constitutes or has constituted a violation of any Applicable Environmental Law with respect to the Premises or the Improvements, regardless of whether the act, omission, event or circumstance constituted a violation of any Applicable Environmental Law at the time of its existence or occurrence, and (D) any and all claims or proceedings (whether brought by private party or governmental agencies) for bodily injury, property damage, abatement or remediation, environmental damage or impairment or any other injury or damage resulting from or relating to any hazardous or toxic substance or contaminated material located upon or migrating into, from or through the Premises or the Improvements (whether or not the release of such documentation required materials was caused by the Landlord to give effect to the Demised PremisesTenant, unless expressly stated to be the responsibility a subtenant, a prior owner of the Premises or any other Entity) which Landlord may incur. Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the 's duty to indemnify Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section under this Section 8.1 shall survive the expiration or earlier termination of the Lease with respect to events occurring during or expiry of this Lease, any provisions in this Lease prior to the contrary notwithstandingTerm or after the Term while Landlord has record title to and Tenant is occupying the Premises.

Tenant’s Indemnity. Other than in respect Landlord" for the purposes of this Section 11.4 shall mean and include Landlord and Landlord's successors, assigns, members, managers, officers, employees, representatives, contractors and agents. To the fullest extent permitted by law, Tenant covenants with Landlord that Landlord shall not be liable for any damage or liability of any kind or for any injury to or death of persons or damage to property of Tenant or any other person occurring at any time, whether before or after the Commencement Date, from any cause whatsoever related to the use, occupancy or enjoyment of the Excluded LiabilityPremises by Tenant or any invitee, licensee or other person on the Premises, or any other person holding under Tenant. Tenant shall indemnify indemnify, defend (with counsel reasonably acceptable to Landlord) and save hold harmless the Landlord from and against any and all costs, expenses, claims, actions and losses of every nature and kind whatsoever and of real or alleged damage or injury and from all liabilities claims, actions, causes of every nature action, demands, rights, damages, costs (including attorney's fees and court costs), liabilities, debts, obligations, judgments, remedies, benefits, losses and expenses of any kind whatsoever (collectively, "Claims") which may now or in connection the future be incurred or suffered by Landlord by reason of, arising out of or connected with (i) Tenant's use, occupancy or enjoyment of the Demised Premises and this Leaseits facilities, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1ii) any breachrepairs, Alterations or improvements that Tenant may make or cause to be made upon the Premises, (iii) any breach of this Lease by Tenant, (iv) any condition relating to the environment or any other matter within the jurisdiction of, or regulated by, any Applicable Law that arose or arises while Tenant was or is in possession of the Premises, (v) the release of Hazardous Materials in, on, to, from, under or above the Premises that occurred or occurs while Tenant was or is in possession of the Premises; or (vi) any violation or non-performance alleged violation of any covenantApplicable Law based, obligation in whole or agreement in this Lease part, on the acts or omissions of Tenant, whenever occurring, or the operation or use of the Premises by Tenant; provided, however (and though Tenant shall in all cases accept any tender of defense of any action or proceeding in which Landlord is named or made a party and shall, notwithstanding any allegations of wrong-doing or misconduct on the part of Landlord, defend Landlord as provided herein), Tenant shall not be liable for such damage or injury to the Tenant extent and in the proportion that the same is ultimately determined to be fulfilledattributable to the negligence or intentional misconduct of Landlord. This obligation to indemnify shall include all of Landlord's reasonable attorneys' fees, keptlitigation costs, observed or performed; (2) investigation costs and court costs and all legal fees other costs, expenses and disbursements liabilities incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at its counsel from the first notice that any time upon claim or occurring in demand is to be made or about the Demised Premisesmay be made, unless caused by the negligence of the Landlord or those and shall also include indemnification for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or personsconsequential damages, including deathbut not limited to loss of profit, resulting at any time upon or occurring in or about the Demised Premisesloss of investment, unless caused by the negligence loss of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs product and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded business interruption. Tenant's obligations under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section Section 11.4 shall survive the termination or expiry of this Lease. The agreement to indemnify, defend and hold harmless set forth in this Section 11.4 is in addition to, and in no way shall be construed to limit or replace, any provisions other rights or remedies which Landlord may have against Tenant at law or in this Lease to the contrary notwithstandingequity.

Tenant’s Indemnity. Other than in respect of the Excluded Liability, the Tenant shall indemnify indemnify, defend, and save hold Landlord and Landlord's partners, employees, and agents harmless the Landlord from and against any and all claims, actions, suits, proceedings, orders, judgments, losses, costs, expensesdamages, claimsliabilities, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent or expenses (including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal attorneys' fees and disbursements incurred costs of investigation, remediation, and/or cleanup) arising in connection with any appealHazardous Materials Released by Tenant or any of Tenant's Agents in, pertaining on, under, or in the vicinity of the Premises or the Common Area, or any manner to this Lease Hazardous Materials shipped thereto or therefrom, by Tenant or any of Tenant's Agents including, without limitation, (a) the investigation or remediation of Hazardous Materials Released by Tenant or any of Tenant's Agents in, on, or under the Premises or Common Area and the Demised Premises; removal, transportation, and disposal of contaminated building materials, soils and/or groundwater arising from the remediation of such contamination, whether voluntary or required by any Governmental Authority; (3b) ongoing monitoring of any Hazardous Materials contamination Released by Tenant or any of Tenant's Agents in, on, or under the Premises or Common Area, whether voluntary or required by any Governmental Authority; (c) the migration of any Hazardous Materials contamination Released by Tenant or any of Tenant's Agents to nearby properties, (d) personal injury, death, or property damage arising out of the presence of the Hazardous Materials contamination Released by Tenant or any of Tenant's Agents in, on, or under the Premises or Common Area; (e) damage to property, either real or personal, owned by loss of use of the Landlord Premises or others resulting at any time upon Common Area or occurring the environment or diminution in value of the Premises or about the Demised Premises, unless Common Area caused by the negligence Release of Hazardous Materials by Tenant or any of Tenant's Agents; and (f) fines, penalties, or other assessments levied against the Premises or Common Area or Landlord as a result of the Landlord presence of the Hazardous Materials contamination caused by Tenant or those for whom any of Tenant's Agents. The foregoing indemnity shall run to the Landlord benefit of Landlord, its partners, directors, officers, employees, agents, and successors and assigns, any existing or future lender who extends credit to Landlord, or its successors and assigns, which credit is in law responsible; (4) any personal secured by a mortgage or bodily injury to deed of trust on the Premises, any person or personsentity who acquires the interest of Landlord in the Premises (except Tenant), including death, resulting at and any time upon or occurring person who acquires a lender's interest in or about the Demised Premises, unless caused by either through foreclosure, deed in lieu of foreclosure, or exercise of any rights or remedies under the negligence documents governing a loan or extension of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingcredit.

Tenant’s Indemnity. Other than in respect From and after the Commencement Date, and subject to the other provisions of the Excluded Liabilitythis Lease, the Tenant shall hereby agrees to indemnify and save harmless hold Landlord and the Landlord Parties harmless from any and against all costs, expensesdamages, claims, actions liabilities (including reasonable attorneys’ fees and losses any costs of every nature litigation) suffered by or claimed against Landlord or any Landlord Party, directly or indirectly, to the extent based on, arising out of or resulting from (i) Tenant’s use and kind whatsoever and occupancy of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Leaseduring the Lease Term, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature event relating to the Demised Premisesinstallation or other placement of improvements or equipment therein by Tenant or any Tenant Party, unless expressly excluded the operation or placement of the equipment in the Premises by Tenant or any Tenant Party, or the business conducted by Tenant therein, including Tenant’s actions with respect to the structured cabling described in Article 5 hereof, but excluding such matters related to equipment installed in the Premises by Landlord, (ii) any Property Damage by Tenant or any Tenant Party or any default by Tenant with respect to any Tenant Delivery during the Lease Term, (iii) damage to the improvements, conduits, or fiber or systems of any other tenant or occupant in the Building or any accident, injury or damage whatsoever caused to any person, or to the property of any person, occurring within the Premises or otherwise caused by Tenant or caused by any Tenant Party during the Lease Term, (iv) any negligent, tortious or wrongful act or omission to act by Tenant or any Tenant Party during the Lease Term, or (v) any breach or default by Tenant in the performance or observance of its covenants or obligations under this Lease; provided that Tenant’s obligations to indemnify and hold Landlord harmless pursuant to this Section 14.2 shall not include any costs, damages, claims, liabilities, or Operating Expenses suffered by or claimed against Landlord to the extent based on, arising out of, or resulting from any negligence, tortious or willful misconduct of Landlord or any Landlord Party or any default by Landlord in the performance of its obligations under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect its contractual obligations to the preparation and/or review of such documentation required by person or entity making the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) claim. Notwithstanding any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry other provision of this Lease, in no event shall Tenant have any provisions in this Lease liability to the contrary notwithstandingLandlord for any claims based upon lost profit, damage to or loss of business or any form of special, indirect or consequential damage except pursuant to Article 21 hereof.

Tenant’s Indemnity. Other than Notwithstanding the existence of any insurance provided for in respect Article 11, and without regard to the policy limits of the Excluded Liabilityany such insurance, the Tenant shall indemnify and will protect, indemnify, save harmless the and defend Landlord from any and against all costsliabilities, expensesobligations, claims, actions damages, penalties, causes of action, costs and losses expenses (including reasonable attorneys’ fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord by reason of: (a) any accident, injury to or death of every nature and kind whatsoever and persons or loss to property occurring on or about the Leased Property, including any claims of and from all liabilities malpractice, (b) any use, misuse, no use, condition, maintenance or repair by Tenant of every nature and kind whatsoever in connection with the Demised Premises and Leased Property, (c) any Impositions which are the obligations of Tenant to pay pursuant to the applicable provisions of this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1d) any breachfailure on the part of Tenant to perform or comply with any of the terms of this Lease, violation or (e) the non-performance of any covenantof the terms and provisions of any and all existing and future subleases of the Leased Property to be performed by Tenant as landlord thereunder and (f) the violation of any Hazardous Materials Law occurring during the Lease Term, obligation but excluding any period of time during which Landlord has re-entered and repossessed the Leased Property after Tenant’s abandonment thereof or agreement in otherwise caused by Landlord. Any amounts which become payable by Tenant under this Lease Section 19.1 shall be paid within thirty (30) days after liability therefore on the part of Landlord is finally determined by litigation or otherwise (including the expiration of any time for appeals) and, if not timely paid, shall bear interest (to the extent permitted by law) at the Overdue Rate from the date of such determination to the date of payment. Tenant, at its expense, shall contest, resist and defend any such claim, action or proceeding asserted or instituted against Landlord or may compromise or otherwise dispose of the same as Tenant sees fit. Landlord shall cooperate with Tenant in a reasonable manner to permit Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or personssatisfy Tenant’s obligations hereunder, including death, resulting at the execution of any time upon instruments or occurring in or about the Demised Premises, unless caused documents reasonably requested by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the LandlordTenant. Without limiting the generality of Notwithstanding the foregoing, the Tenant is not responsible nothing herein shall be construed as indemnifying Landlord or its agents for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility their own negligent acts or omissions or willful misconduct. Tenant’s liability for a breach of the Tenant; and (7) any appeal provisions of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section this Section 19.1 shall survive the any termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect Tenant, on behalf of the Excluded Liabilityitself and its successors and assigns, the Tenant shall indemnify will Indemnify City, including all of its Indemnified Parties, and save harmless the Landlord each of them, from any and against all costsClaims, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining or arising in any manner to this Lease and the Demised Premises; whole or in part from: (3a) any accident, injury to or death of a person (including Tenant’s employees), or loss of or damage to property, either real howsoever or personalby whomsoever caused, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused Premises or Common Areas; (b) any default by Tenant in the negligence observation or performance of any of the Landlord terms, covenants, or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence conditions of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be observed or performed on Tenant’s part; (c) the responsibility use or occupancy or manner of use or occupancy of the Landlord. Without limiting Premises or Common Areas by Tenant, its Agents, its Invitees, or any person or entity claiming through or under any of them; (d) the generality condition of the foregoingPremises or Common Areas; (e) any construction or other work undertaken by Tenant on the Premises whether before or during the Term; or (f) any acts, omissions, or negligence of Tenant, its Agents, or its Invitees, in, on, or about the Premises or the Common Areas, all regardless of the active or passive negligence of, and regardless of whether liability without fault is imposed or sought to be imposed on, the Tenant Indemnified Parties, except to the extent that the Indemnity is not responsible for any costs incurred void or otherwise unenforceable under applicable Legal Requirements and further except only to the extent those Claims as are caused solely and directly by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility active gross negligence or willful misconduct of the Indemnified Parties. The foregoing obligation to Indemnify includes reasonable fees of attorneys, consultants, and experts and related costs and City’s costs of investigating any Claim. Tenant expressly acknowledges that Tenant has an immediate and independent obligation to defend City from any Claim that actually or potentially falls within this indemnity provision even if the allegation is or may be groundless, fraudulent, or false, which obligation arises at the time the Claim is tendered to Tenant by City and continues at all times thereafter. Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall ’s obligations under this Section will survive the expiration or termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than In addition to, and not in respect limitation of or substitution for the Excluded Liabilityindemnity by Tenant in Section 5.03C, the Tenant shall indemnify Landlord against and save hold Landlord harmless the Landlord from any and all costs, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability:claims or liability arising from: ( (1a) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part Tenant's use of the Premises; (b) the conduct of Tenant's business or anything else done or permitted by Tenant to be fulfilleddone in or about the Premises; (c) any breach or default in the performance of Tenant's obligations under this lease; (d) any misrepresentation or breach of warranty by Tenant under this Lease; or (e) other acts or omissions of Tenant. Tenant shall defend Landlord against any such cost, keptclaim or liability at Tenant's expense with counsel reasonably acceptable to Landlord or, observed or performed; (2) all at Landlord's election, Tenant shall reimburse Landlord for any legal fees and disbursements or costs incurred by Landlord in connection with any appealsuch claim. AS A MATERIAL PART OF THE CONSIDERATION TO LANDLORD, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to propertyTENANT ASSUMES ALL RISK OF DAMAGE TO PREMISES OR INJURY TO PERSONS IN OR ABOUT THE PREMISES ARISING FROM ANY CAUSE, either real or personalAND TENANT HEREBY WAIVES ALL CLAIMS IN RESPECT THEREOF AGAINST LANDLORD, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised PremisesEXCEPT FOR ANY CLAIM ARISING OUT OF LANDLORD'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. AS USED IN THIS SECTION, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or personsTHE TERM ATENANT" SHALL INCLUDE TENANT'S EMPLOYEES, including deathAGENTS, resulting at any time upon or occurring in or about the Demised PremisesCONTRACTORS AND INVITEES, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingIF APPLICABLE.

Tenant’s Indemnity. Other than Notwithstanding the existence of any insurance provided for in respect Article 11, and without regard to the policy limits of the Excluded Liabilityany such insurance, the Tenant shall indemnify and will protect, indemnify, save harmless the and defend Landlord and its partners, officers, agents and employees, and Landlord’s Mortgagee from any and against all costsliabilities, expensesobligations, claims, actions damages, penalties, causes of action, costs and losses expenses (including reasonable attorneys’ fees and expenses), to the extent permitted by law, imposed upon or incurred by or asserted against Landlord by reason of: (a) any accident, injury to or death of every nature and kind whatsoever and persons or loss to property occurring on or about the Premises, including any claims of and from all liabilities malpractice, (b) any use, misuse, no use, condition, maintenance or repair by Tenant of every nature and kind whatsoever in connection with the Demised Premises and Premises, (c) any Impositions which are the obligations of Tenant to pay pursuant to the applicable provisions of this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1d) any breachfailure on the part of Tenant to perform or comply with any of the terms of this Lease, violation or (e) the non-performance of any covenantof the terms and provisions of any and all existing and future subleases of the Premises to be performed by Tenant as landlord thereunder and (f) the violation of any Hazardous Materials Law occurring during the Lease Term, obligation but excluding any period of time during which Landlord has re-entered and repossessed the Premises after Tenant’s abandonment thereof or agreement in otherwise caused by Landlord. Any amounts which become payable by Tenant under this Lease Section 19.1 shall be paid within thirty (30) days after liability therefore on the part of Landlord is finally determined by litigation or otherwise (including the expiration of any time for appeals) and, if not timely paid, shall bear interest (to the extent permitted by law) at the Overdue Rate from the date of such determination to the date of payment. Tenant, at its expense, shall contest, resist and defend any such claim, action or proceeding asserted or instituted against Landlord and its partners, officers, agents and employees, and Landlord’s Mortgagee or may compromise or otherwise dispose of the same as reasonably acceptable to Landlord. Landlord shall cooperate with Tenant in a reasonable manner to permit Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or personssatisfy Tenant’s obligations hereunder, including death, resulting at the execution of any time upon instruments or occurring in or about the Demised Premises, unless caused documents reasonably requested by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the LandlordTenant. Without limiting the generality of Notwithstanding the foregoing, the Tenant is not responsible nothing herein shall be construed as indemnifying Landlord or its agents for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility their own negligent acts or omissions or willful misconduct. Tenant’s liability for a breach of the Tenant; and (7) any appeal provisions of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section this Section 19.1 shall survive the any termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect of To the Excluded Liabilityfullest extent permitted by law, Tenant waives any right to contribution against the Tenant shall Landlord Parties (as hereinafter defined) and agrees to indemnify and save harmless the Landlord Parties from any and against all costs, expenses, claims, actions and losses claims of every whatever nature and kind whatsoever and of and by a third party arising from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: or claimed to have arisen from (1i) any breachact, violation omission or non-performance of any covenant, obligation or agreement in this Lease on the part negligence of the Tenant to be fulfilled, kept, observed or performed; Parties (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; as hereinafter defined); (3ii) any accident, injury or damage whatsoever caused to propertyany person, either real or personalto the property of any person, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised PremisesPremises from the earlier of (A) the date on which any Tenant Party first enters the Premises for any reason or (B) the Commencement Date, unless caused and thereafter throughout and until the end of the Lease Term, and after the end of the Lease Term for so long after the end of the Lease Term as Tenant or anyone acting by, through or under Tenant is in occupancy of the Premises or any portion thereof; or (iii) any accident, injury or damage whatsoever occurring outside the Premises but within the Building, or on common areas within the Office Park, to the extent such accident, injury or damage results, or is claimed to have resulted, from any act, omission or negligence on the part of any of the Tenant Parties. Tenant shall pay such indemnified amounts as they are incurred by the negligence Landlord Parties. This indemnification shall not be construed to deny or reduce any other rights or obligations of indemnity that any of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded Parties may have under this Lease or unless expressly stated in this Lease the common law. Notwithstanding anything contained herein to the contrary, Tenant shall not be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible obligated to indemnify a Landlord Party for any costs incurred by the Landlord with respect claims to the preparation and/or review of extent that such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting Party’s damages result from such appeal being successful. This section shall survive the termination Landlord Party’s negligence or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingwillful misconduct.

Tenant’s Indemnity. Other than in respect of During the Excluded LiabilityLease Term, the Tenant shall agrees to defend, protect, indemnify and save harmless Landlord and any Facility Mortgagee from and against all claims arising out of or connected with the use, misuse, occupancy, possession or unoccupancy of the Premises by Tenant any person claiming by, through or under Tenant, or its respective officers, directors, servants, agents, licensees, guests, customers, concessionaires, sublessees, contractors, employees or invitees and shall pay all costs and expenses incurred by Landlord from and any and all costs, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever Facility Mortgagee (each an "Indemnified Party") in connection with the Demised Premises and this Leasesuch claims, whether accrued, actual, contingent including, including without limitation, court costs and reasonable attorney's fees for trial and appellate proceedings. The Indemnified Parties shall be protected hereby from all claims arising during the following but for certainty, excluding the Excluded Liability: (1) any breach, violation Lease Term from loss of or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord death or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person persons except to the extent such loss, damage, death or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless injury is caused by the gross negligence or willful actions of Landlord or any person-claiming by, through or under Landlord. Promptly after the assertion by any party of any claim against any Indemnified Party that, in the judgment of such Indemnified Party, is a claim for which such Indemnified Party would be entitled to indemnification pursuant to this Lease, such Indemnified Party shall deliver to Tenant a written notice describing in reasonable detail such claim and Tenant shall assume the defense of the Indemnified Party against such claim (including the employment of counsel, who shall be reasonably satisfactory to such Indemnified Party, and the payment of expenses), unless such claim relates to a defense which Landlord considers relevant to Landlord's business as a whole (limited to the ownership, operation or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect leasing of the Demised Premises arising from Facility) in which case Landlord may defend the claim at the expense of Tenant. Any Indemnified Party shall have the right to employ separate counsel in any such action or occasioned by claim and to participate in the actdefense thereof, default or negligence of but the Tenant or those for whom the Tenant is in law responsible; (6) all costs fees and expenses of every kind and nature relating such counsel shall not be at the expense of Tenant unless (i) Tenant shall have failed, within a reasonable time after having been notified by the Indemnified Party of the existence of such claim as provided in the preceding sentence, to assume the defense of such claim, or such claim relates to a defense which Landlord considers relevant to Landlord's business as a whole (limited to the Demised Premisesownership, unless expressly excluded under this Lease operation or unless expressly stated in this Lease to be the responsibility leasing of the Landlord. Without limiting Facility), (ii) the generality employment of such counsel has been specifically authorized in writing by Tenant, or (iii) the foregoingnamed parties to any such action (including any impleaded parties) include both such Indemnified Party and Tenant and such Indemnified Party shall have been advised in writing by such counsel that there may be one or more legal defenses available to the Indemnified Party or Tenant which are not available to, or the assertion of which would be adverse to the interests of, the other party. Tenant is shall not responsible be liable to indemnify any Indemnified Party for any costs incurred settlement of any such action or claim effected without the consent of Tenant, which shall not be unreasonably withheld, but if settled with the written consent of Tenant, or if there be a final judgment for the plaintiff in any such action, Tenant shall indemnify and hold harmless each Indemnified Party from and against any loss or liability by the Landlord with respect to the preparation and/or review reason of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility settlement or judgment. The provisions of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section this Section shall survive the termination or expiry expiration or earlier termination of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect of To the Excluded Liabilityfullest extent permitted by law, the but subject to Section 10.4 below, Tenant shall defend, indemnify and save hold harmless the Landlord Landlord, Ground Lessor, and Landlord’s agents, employees, lenders, and affiliates, from and against any and all costs, expensesnegligence, claims, actions liabilities, damages, costs or expenses including attorney’s fees and losses costs (collectively, “Costs”) arising either before or after the Commencement Date which arise from or related to or are caused by Tenant’s use or occupancy of every nature and kind whatsoever and the Premises, the Building or the Common Areas of and the Project, or from all liabilities the conduct of every nature and kind whatsoever Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in connection with or about the Demised Premises and Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, whether accruedor from any act, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation omission or non-performance of any covenant, obligation or agreement in this Lease negligence on the part of the Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining assume Landlord’s defense in any manner action covered by this Section 10.2 through counsel reasonably satisfactory to this Lease and Landlord. Notwithstanding the Demised Premises; (3) foregoing, Tenant shall not be obligated to indemnify Landlord against any damage liability or expense to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about extent it is ultimately determined that the Demised Premises, unless same was caused by the negligence or willful misconduct of Landlord, its agents, contractors or employees. Tenant shall in all cases accept any tender of defense of any action or proceeding in which Landlord is named or made a party, within 14 days of the tender and shall, notwithstanding any allegations of negligence or willful misconduct on the part of Landlord, defend Landlord as provided herein until a final determination of negligence or willful misconduct is made. Costs shall also include all of Landlord’s attorneys’ fees, litigation costs, investigation costs and court costs and all other costs, expenses and liabilities incurred by Landlord or those its counsel from the date Landlord first receives Notice that any claim or demand is to be made or may be made. Tenant shall also tender the action or proceeding to its insurer, and request coverage for whom the its indemnity obligations to Landlord. For purposes of this Section 10.2, (a) “Landlord” includes Landlord is in law responsible; and Landlord’s directors, officers, shareholders, members, agents and employees, and (4b) any personal or bodily injury to any person or persons“Tenant” includes Tenant and its directors, including deathofficers, resulting at any time upon or occurring in or about the Demised Premisesshareholders, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contractmembers, lienagents, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs contractors and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded employees. Tenant’s obligations under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section Section 10.2 shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect of the Excluded Liability(a) Tenant agrees to defend, the Tenant shall indemnify and save harmless the Landlord from and against all suits, claims or causes of action and any loss, costs and all costsexpenses of whatever nature arising from, expensesor claimed to have arisen from, claimsany action, actions omission or negligence of Tenant, its employees, agents, servants, contractors or invitees or arising from any accident, injury or damage whatsoever caused to any person, or to the property of any person, occurring after the date on which Tenant first enters the Premises to commence its construction work and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever thereafter which accident, injury or damage occurred, or is claimed to have occurred, at or in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred and/or in connection with Tenant's use of the Building Perimeter. In the event Landlord shall be made a party to any appeal, pertaining in any manner litigation or proceeding commenced by or against Tenant (except with respect to suits or litigation commenced by Tenant against Landlord as a result of a breach of this Lease by Landlord), then Tenant shall protect and the Demised Premises; (3) any damage to property, either real or personal, owned by the hold Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) harmless and shall pay all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease reasonable attorneys' fees incurred or unless expressly stated paid by Landlord in this Lease to connection with such litigation or proceeding and shall satisfy any judgment or fines that may be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the entered against Landlord with respect to the preparation and/or review of in such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; andlitigation or proceeding. (7b) any appeal of an assessment of Taxes made by Tenant agrees to maintain in full force and effect during the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry term of this Lease, a policy of comprehensive commercial general public liability insurance under which Tenant is a named insured, and under which the insurer agrees to defend, indemnify and hold Landlord, and those in privity of estate with Landlord, harmless from and against all loss, cost, expense and/or liability arising out of or based upon any provisions and all claims, accidents, injuries and damages mentioned in the first paragraph of this Section "8.1" and otherwise, in the form of such standard coverage from time to time available in the Commonwealth of Pennsylvania. Such policy, which may be a blanket policy covering other premises, shall be non- cancelable with respect to Landlord and Landlord's said designees without thirty (30) days' prior written notice to Landlord, and a duplicate original or certificate thereof and of each renewal or replacement thereof during the term of this Lease shall be delivered to the contrary notwithstandingLandlord. The minimum limits of liability of such insurance per occurrence shall be Five Million Dollars ($5,000,000) level limits for bodily injury (or death) and property damage. The Landlord shall be an additional insured on said policy using ISO Form 20-26. The said policy shall contain a contractual indemnity clause. Tenant's insurance shall also include contractual liability coverage products and completed operations liability. Landlord shall review Tenant's insurance policy and provide written approval, if acceptable by Landlord, of same within ten (10) days of receipt.

Tenant’s Indemnity. Other than in respect Tenant, on behalf of itself and Tenant’s Agents, shall Indemnify the Excluded Liability, the Tenant shall indemnify Indemnified Parties from and save harmless the Landlord from against any and all costsLosses arising out of Tenant’s use of the Premises, expensesincluding but not limited to, claimsany Losses arising directly or indirectly, actions and losses in whole or in part, out of: (a) any damage to or destruction of every nature and kind whatsoever and any property owned by or in the custody of and from all liabilities Tenant or Tenant’s Agents or Tenant’s Invitees; (b) any accident, injury to or death of every nature and kind whatsoever in connection with the Demised Premises and this Leasea person, whether accrued, actual, contingent including, without limitation, Tenant’s Agents and Tenant’s Invitees, howsoever or by whomsoever caused, occurring in, on or about the following but for certainty, excluding the Excluded Liability: Premises; (1c) any breach, violation default by Tenant in the observation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilledterms, kept, observed covenants or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence conditions of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be observed or performed on Tenant's part; (d) the responsibility use, occupancy, conduct or management, or manner of use, occupancy, conduct or management by Tenant, Tenant’s Agents or Tenant’s Invitees or any person or entity claiming through or under any of them, of the Landlord. Without limiting Premises or any Alterations; (e) any construction or other work undertaken by Tenant on or about the generality Premises; and (f) any acts, omissions or negligence of Tenant, Tenant's Agents or Tenant's Invitees, in, on, or about the Premises or any Alterations, except to the extent that such Indemnity is void or otherwise unenforceable under any applicable Laws in effect on or validly retroactive to the date of this Lease and further except only to the extent such Losses are caused solely by the gross negligence or intentional wrongful acts and omissions of the foregoingIndemnified Parties. The foregoing Indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and Landlord's costs of investigating any Loss. Tenant specifically acknowledges and agrees that it has an immediate and independent obligation to defend Landlord and the other Indemnified Parties from any claim which actually or potentially falls within this indemnity provision even if such allegation is or may be groundless, fraudulent or false, which obligation arises at the time such claim is tendered to Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the and continues at all times thereafter. Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section 's obligations under this Section shall survive the expiration or sooner termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect To the maximum extent this agreement may be made effective according to law, but subject to Section 16.24 hereof, and to the extent not resulting from any negligence or misconduct of the Excluded LiabilityLandlord or its contractors, the agents, or employees, Tenant shall agrees to indemnify and save harmless Landlord and Landlord’s managing agent, beneficiaries, partners, subsidiaries, officers, directors, agents and employees (“Landlord Parties”) from and against all claims of whatever nature to the Landlord extent arising from or claimed to have arisen from: any and all costsbreach of this Lease by Tenant or any act, expensesomission or negligence of Tenant, claimsor Tenant’s contractors, actions and losses of every nature and kind licensees, invitees, agents, independent contractors or employees occurring in the Premises, in the Building or on the Site; any accident, injury or damage whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with caused to any person, or to the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance property of any covenantperson, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence Premises (or any other portion of the Landlord or those for whom Building during any period during which the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about Premises comprises the Demised Premises, unless caused by the negligence Total Rentable Floor Area of the Landlord or those for whom Building) after the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect date that possession of the Demised Premises arising from or occasioned by is first delivered to Tenant and until the act, default or negligence end of the Lease Term and thereafter, provided that during any such period after the Lease Term Tenant or those for whom the anyone acting by, through or under Tenant is in law responsible; (6) all costs and expenses occupancy of every kind and nature relating the Premises or any portion thereof; or any accident, injury or damage occurring outside the Premises but within the Building, the Garage or on the Site, to the Demised Premisesextent such accident, unless expressly excluded under this Lease injury or unless expressly stated damage results, or is claimed to have resulted, from an act, omission or negligence on the part of Tenant or Tenant’s contractors, licensees, invitees, agents, independent contractors or employees; provided, however, that in this Lease to no event shall Tenant be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible liable for any costs incurred by the Landlord with respect indirect or consequential damages except under Section 16.18 hereof (subject to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and limitations set forth in Section 16.18(B) and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successfulC)). This section indemnity and hold harmless agreement shall survive include indemnity against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingdefense thereof.

Tenant’s Indemnity. Other than in respect of To the Excluded Liabilityfullest extent permitted by law, the Tenant shall indemnify defend, indemnify, protect, save and save hold harmless the Landlord from Landlord, its agents, and any and all costsaffiliates of Landlord, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the following but for certaintyCommencement Date from Tenant's use or occupancy of the Premises or the Building, excluding or from the Excluded Liability: (1) conduct of its business, or from any breachactivity, violation work, or non-thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees in or about the Premises or the Building, or from any default in the performance of any covenantobligation on Tenant's part to be performed under this Lease, obligation or agreement from any act or negligence of Tenant or its agents, employees, visitors, patrons, guests, invitees or licensees; provided Tenant does not indemnify Landlord for any claims, liabilities, costs or expenses to the extent the same is caused by the negligence or willful misconduct on the part of Landlord, or its agents or employees, or for which Tenant is otherwise indemnified hereunder. In cases of alleged negligence asserted by third parties against Landlord which arise out of, are occasioned by, or in any way attributable to Tenant's, its agents, employees, contractors, licensees or invitees use and occupancy of the Premises or the Building, or from the conduct of its business or from any activity, work or thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees on Tenant's part to be performed under this Lease Lease, or from any act of negligence of Tenant, its agents, employees, licensees or invitees, Tenant shall accept any tender of defense for Landlord and shall, notwithstanding any allegation of negligence or willful misconduct on the part of the Tenant to be fulfilledLandlord, keptdefend Landlord and protect and hold Landlord harmless and pay all costs, observed or performed; (2) all legal expenses and attorneys' fees and disbursements incurred in connection with such litigaion, provided that Tenant shall not be liable for any appealsuch injury or damage, pertaining and Landlord shall reimburse Tenant for the reasonable attorney's fees and costs for the attorney representing both parties, all to the extent and in the proportion that such injury or damage is ultimately determined by a court of competent jurisdiction (or in connection with any negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord. Upon Landlord's request, Tenant shall at Tenant's sole cost and expense, retain a separate attorney selected by Landlord to represent Landlord in any manner to this Lease such suit if Landlord determines that the representation of both Tenant and the Demised Premises; (3) any damage to property, either real or personal, owned Landlord by the Landlord same attorney would cause a conflict of interest; provided, however, that to the extent and in the proportion that the injury or others resulting at damage which is the subject of the suit is ultimately determined by a court of competent jurisdiction (or in connection with any time upon or occurring in or about the Demised Premises, unless caused negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord, Landlord shall reimburse Tenant for the reasonable legal fees and costs of the Landlord or those for whom the Landlord is in law responsible; (4separate attorney retained by Tenant. The provisions of this Subsection 10.3(a) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless shall expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the expiration or sooner termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect of To the Excluded Liabilityfullest extent permitted by law, the ------------------ Tenant shall indemnify defend (with attorneys reasonably acceptable to Landlord), indemnify, protect, save and save hold harmless the Landlord from Landlord, its agents, and any and all costsaffiliates of Landlord, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims, liabilities, costs or expenses arising from Tenant's use or occupancy of the following but for certaintyPremises or the Building, excluding or from the Excluded Liability: (1) conduct of its business, or from any breachactivity, violation work, or non-thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees in or about the Premises or the Building, or from any Default in the performance of any covenantobligation on Tenant's part to be performed under this Lease, or from any act or negligence of Tenant or its agents, employees, visitors, patrons, guests, invitees or licensees; provided Tenant shall have no obligation to indemnify, save or agreement hold harmless Landlord for any claims, liabilities, costs or expenses to the extent the same is caused by the negligence or willful misconduct on the part of Landlord, or its authorized agents, contractors or employees, or for which Tenant is otherwise indemnified hereunder. In cases of alleged negligence asserted by third parties against Landlord which arise out of, are occasioned by, or in any way attributable to Tenant's, its agents, employees, contractors, licensees or invitees use and occupancy of the Premises or the Building, or from the conduct of its business or from any activity, work or thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees on Tenant's part to be performed under this Lease Lease, or from any act of negligence of Tenant, its agents, employees, licensees or invitees, Tenant shall accept any tender of defense for Landlord and shall, notwithstanding any allegation of negligence or willful misconduct on the part of the Tenant to be fulfilledLandlord, kept, observed or performed; (2) defend Landlord and protect and hold Landlord harmless and pay all legal costs expenses and attorneys' fees and disbursements incurred in connection with such litigation, provided that Tenant shall not be liable for any appealsuch injury or damage, pertaining and Landlord shall reimburse Tenant for the reasonable attorney's fees and costs for the attorney representing both parties, all to the extent and in the proportion that such injury or damage is ultimately determined by a court of competent jurisdiction (or in connection with any negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord. Upon Landlord's request, Tenant shall at Tenant's sole cost and expense, retain a separate attorney selected by Landlord to represent Landlord in any manner to this Lease such suit if Landlord determines that the representation of both Tenant and the Demised Premises; (3) any damage to property, either real or personal, owned Landlord by the Landlord same attorney would cause a conflict of interest; provided, however, that to the extent and in the proportion that the injury or others resulting at damage which is the subject of the suit is ultimately determined by a court of competent jurisdiction (or in connection with any time upon or occurring in or about the Demised Premises, unless caused negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord, Landlord shall reimburse Tenant for the reasonable legal fees and costs of the Landlord or those for whom the Landlord is in law responsible; (4separate attorney retained by Tenant. The provisions of this Subsection 10.3(a) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless shall expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the expiration or sooner termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect of the Excluded Liability, the Tenant shall indemnify indemnify, defend, and save hold Landlord harmless the Landlord from and against any and all costs, expenseslosses (including diminution in value of the Premises and loss of rental income from the Premises), claims, actions demands, actions, suits, damages (including punitive damages), expenses (including remediation, removal, repair, corrective action, or cleanup expenses), and losses costs (including actual attorneys’ fees, consultant fees or expert fees and including removal or management of every nature and kind whatsoever and any asbestos brought onto the Premises or disturbed in breach of and from all liabilities the requirements of every nature and kind whatsoever in connection with this Section 27, regardless of whether such removal or management is required by Law) which are brought or recoverable against, or suffered or incurred by Landlord as a result of any release of Hazardous Materials or any breach of the Demised Premises and requirements under this Section 27 by a Tenant Party regardless of whether Tenant had knowledge of such noncompliance. The obligations of Tenant under this Section 27 shall survive any expiration or termination of this Lease. For clarity, whether accruedexcept to the extent caused or exacerbated by a Tenant Party, actualTenant shall not be responsible for any Hazardous Materials which (i) existed in, contingent includingon, without limitationunder or about the Premises prior to Tenant’s first use or occupancy of the Premises, (ii) were released by Landlord, its agents or contractors, or (iii) migrate onto the following but for certaintyPremises from an off-site source. Notwithstanding the foregoing clause (iii), excluding the Excluded Liability: however, (1) any breachTenant shall promptly, violation or non-performance diligently and in good faith notify Landlord of any covenantmigration of any Hazardous Materials onto the Premises from an off-site source of with Tenant or any Tenant Party becomes aware, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; and (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by Landlord in connection with addressing such migrated Hazardous Materials shall be amortized using a commercially reasonable interest rate over a time period determined by Landlord using its good faith, commercially reasonable judgment, and the Landlord with respect monthly amortized cost of such work as so amortized shall be considered part of Operating Costs (it being understood, however, that, to the preparation and/or review of such documentation required extent the migrated Hazardous Materials were caused or exacerbated by a Tenant Party, Tenant shall be fully and solely responsible therefor in accordance with the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingindemnity obligations set forth above).

Tenant’s Indemnity. Other than in respect of the Excluded Liability, the Tenant shall indemnify to the fullest extent permitted by law, at Tenant’s sole cost and save expense, indemnify, defend (by an attorney of Landlord’s choice, reasonably acceptable to Tenant), reimburse, protect and hold harmless the Landlord and all Landlord Parties from and against all Claims (as defined below in this Paragraph 13.3) from any and all costscause, expenses, claims, actions and losses of every nature and kind whatsoever and of and arising from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and or related (directly or indirectly) to this Lease, whether accruedthe tenancy created under this Lease, actualor the Premises, contingent includingTenant’s conducting of its business, without limitationany alterations, the following but for certaintyactivities, excluding the Excluded Liability: (1) any breachwork or things done, violation omitted, permitted, allowed or non-performance of any covenantsuffered by Tenant or Tenant Parties in, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord Premises or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or personsBuilding, including deaththe violation of or failure to comply with any applicable laws, resulting at any time upon statutes, ordinances, standards, rules, regulations, orders, decrees or occurring judgments in existence on the Commencement Date hereof or about enacted, promulgated, or issued after the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry date of this Lease, any provisions breach of default in performance of any obligation on Tenant’s part to be performed under this Lease, including obligations which survive expiration or earlier termination of this Lease under the terms of this Lease, the acts or omissions or negligence of Tenant or any Tenant Parties or of any invitee, guest or licensee of Tenant in, on or about the Property, relating to their use, possession, or occupancy of the contrary notwithstandingProperty or, Tenant’s obligations under this Lease, or to any work done, permitted or contracted for by any of them on or about the Premises. If Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant or any Tenant Parties, Tenant shall pay all costs and reasonable attorney’s fees incurred by such litigation, unless such costs and fees are covered by Landlord’s insurance. For purposes of this Lease, the term “Claims” means any and all claims, losses, costs, damage, expenses, liabilities, liens, actions, causes of action (whether in tort or contract, law or equity, or otherwise), charges, assessments, fines and penalties of any kind (including consultant and expert expenses, court costs and attorney fees actually incurred).

Tenant’s Indemnity. Other than in respect of To the Excluded Liabilityfullest extent permitted by law, the but subject to Section 10.4 below, Tenant shall defend, indemnify and save hold harmless the Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all costs, expensesnegligence, claims, actions liabilities, damages, costs or expenses including attorney’s fees and losses costs (collectively, “Costs”) arising either before or after the Commencement Date which arise from or related to or are caused by Tenant’s use or occupancy of every nature and kind whatsoever and the Premises, the Building or the Common Areas of and the Project, or from all liabilities the conduct of every nature and kind whatsoever Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in connection with or about the Demised Premises and Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, whether accruedor from any act, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation omission or non-performance of any covenant, obligation or agreement in this Lease negligence on the part of the Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining assume Landlord’s defense in any manner action covered by this Section 10.2 through counsel reasonably satisfactory to this Lease and Landlord. Notwithstanding the Demised Premises; (3) foregoing, Tenant shall not be obligated to indemnify Landlord against any damage liability or expense to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about extent it is ultimately determined that the Demised Premises, unless same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees. Tenant shall in all cases accept any tender of defense of any action or proceeding in which Landlord is named or made a party, within 14 days of the tender and shall, notwithstanding any allegations of sole negligence or willful misconduct on the part of Landlord, defend Landlord as provided herein until a final determination of sole negligence or willful misconduct is made. Costs shall also include all of Landlord's attorneys' fees, litigation costs, investigation costs and court costs and all other costs, expenses and liabilities incurred by Landlord or those its counsel from the date Landlord first receives Notice that any claim or demand is to be made or may be made. Tenant shall also tender the action or proceeding to its insurer, and request coverage for whom the its indemnity obligations to Landlord. For purposes of this Section 10.2, (a) "Landlord" includes Landlord is in law responsible; and Landlord's directors, officers, shareholders, members, agents and employees, and (4b) any personal or bodily injury to any person or persons"Tenant" includes Tenant and its directors, including deathofficers, resulting at any time upon or occurring in or about the Demised Premisesshareholders, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contractmembers, lienagents, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs contractors and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded employees. Tenant's obligations under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section Section 10.2 shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.. DocuSign Envelope ID: B966CD56-D004-47EC-A282-964B9CCA451B

Tenant’s Indemnity. Other than in respect Except to the extent arising from the negligence or willful misconduct of the Excluded LiabilityLandlord or Landlord’s Agents, the Tenant shall agrees to indemnify and save harmless the Landlord and Landlord’s Agents from and against all claims, losses, cost, damages, liabilities or expenses of whatever nature arising from any and all costsaccident, expensesinjury or damage whatsoever to any person, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with or to the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance property of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; person: (2i) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises; (ii) occurring outside of the Premises but on or about the Property, unless where such accident, damage or injury results or is claimed to have resulted from any act or omission on the part of Tenant or Tenant’s Agents, invitees or independent contractors ; (iii) arising from the use or occupancy of the Premises or of any business conducted therein, and, in any case under clauses (i) through (ii), occurring (A) after the Term Commencement Date until the expiration or earlier termination of the Term of this Lease, and (B) thereafter so long as Tenant is in occupancy of all or any part of the Premises; or (iv) arising from any default or breach by Tenant or Tenant’s Agents under the terms or covenants of this Lease. This indemnity and hold harmless agreement shall include an indemnity against all losses, costs, damages, expenses and liabilities incurred in or in connection with any such claim or any proceeding brought thereon, and the defense thereof, including without limitation, reasonable Attorneys’ Fees and costs at both the trial and appellate levels; provided, notwithstanding any provision herein to the contrary, except for Tenant’s failure to comply with the provisions of Article IV, Tenant shall not be liable to Landlord for any loss of business or any other indirect or consequential damages suffered by Landlord from whatever cause. The provisions of this Section shall survive the expiration or earlier termination of the Lease, regardless of the cause of such expiration or earlier termination. For the avoidance of doubt, the foregoing provisions shall not be construed to make Tenant responsible for loss, damage, liability or expense resulting from injuries to third parties to the extent caused by the negligence or misconduct of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding’s Agents.

Tenant’s Indemnity. Other than in respect Tenant shall indemnify, defend and hold Landlord, its members, employees, agents, consultants, independent contractors, guests, invitees and other representatives (collectively, the “Landlord Parties”) harmless from and against all claims, losses, liabilities, damages, costs, expenses and claims arising from or relating to the use of the Excluded Liability, Premises or the Common Areas of the Project by the Tenant shall indemnify and save harmless Parties (as defined in Section 25(c) below) or the Landlord from conduct of Tenant’s business or any activity, work, or thing done or permitted by Tenant in or about the Premises or the Common Areas of the Project or suffered by Tenant in the Premises, any breach or default in the performance of any obligation to be performed by Tenant under the terms of this Lease, any act, neglect, fault or omission of any of the Tenant Parties, and all costs, expensesattorneys’ fees, claims, actions expenses and losses liabilities incurred in or about such claims or any action or proceeding brought thereon. In case any action or proceeding shall be brought against any of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance Landlord Parties by reason of any covenantsuch claim, obligation or agreement Tenant upon written notice from Landlord shall defend the same at Tenant’s expense by counsel approved in this Lease on the part of the Tenant writing by Landlord. With respect to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or events occurring in or about the Demised Premises, unless caused by such indemnity shall include matters arising in connection with the passive (but not active) negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised PremisesLandlord, unless caused covered by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned insurance required to be maintained by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility Lease. Any other provision of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding, in no event shall Tenant have any liability to Landlord or any third party for any consequential damages whatsoever, including, without limitation, loss of revenue or profits, except that this Section 24(a) shall not limit the liability of Tenant to Landlord for any rental loss arising in connection with any holdover by Tenant, interference by Tenant with the occupancies or rights of other tenants or any breach by Tenant of its obligations under this Lease pertaining to Hazardous Materials. The foregoing indemnity shall survive the expiration or earlier termination of this Lease.

Tenant’s Indemnity. Other than in respect of Except to the Excluded Liabilityextent arising from Landlord’s willful misconduct or gross negligence, the Tenant hereby indemnifies Landlord and Landlord’s Employees, and shall indemnify forever save and save harmless the hold Landlord and Landlord’s Employees harmless, from any and against all costsobligations, expensesliens, claims, liabilities, costs (including, but not limited, to all attorneys’ and other professional fees and expenses), actions and losses causes of every nature and kind whatsoever and action, threatened or actual, which Landlord may suffer or incur arising out of and from all liabilities of every nature and kind whatsoever or in connection with the Demised Premises Tenant’s and Tenant’s Employees actions and omissions relating to this Lease, whether accrued, actual, contingent including, including without limitationlimitation the use by Tenant and Tenant’s Employees of the Premises, the following but for certaintyconduct of Tenant’s business, excluding the Excluded Liability: (1) any breachactivity, violation work or non-performance of any covenantthings done, obligation permitted or agreement in this Lease on the part of the suffered by Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised PremisesPremises or the Project, unless caused by the Tenant’s or Tenant’s Employees’ failure to comply with any applicable Law, or any negligence or willful misconduct of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the any of Tenant’s Employees. In case of any claim, demand, action or cause of action, threatened or actual, against Landlord, upon notice from Landlord, Tenant is shall defend Landlord at Tenant’s expense by counsel reasonably satisfactory to Landlord. If Tenant does not provide such a defense against any and all claims, demands, actions or causes of action, threatened or actual, then Tenant shall, in law responsible; (6) all costs and expenses of every kind and nature relating addition to the Demised Premisesabove, unless expressly excluded under this Lease or unless expressly stated in this Lease to be pay Landlord the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any expenses and costs incurred by Landlord in providing and preparing such defense, and Tenant agrees to cooperate with Landlord in such defense, including, but not limited to, the Landlord with respect to the preparation and/or review providing of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility affidavits and testimony upon request of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingLandlord.

Tenant’s Indemnity. Other than in respect of the Excluded Liability, the Tenant shall indemnify and save harmless the Landlord from any and all costs, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1a) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2b) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3c) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the gross negligence of the Landlord or those for whom the Landlord is in law responsible; (4d) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the gross negligence of the Landlord or those for whom the Landlord is in law responsible; (5e) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6f) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; andand BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 BATCHELD\4315610\5 (7g) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect To the maximum extent this agreement may be made effective according to law, and subject to the provisions of the Excluded Liability, the Tenant shall Section 13.4,Xxxxxx agrees to indemnify and save harmless the Landlord from and against all claims of whatever nature arising from or claimed to have arisen from any and all costsbreach of this Lease by Tenant or any act, expensesomission or negligence of Tenant, claimsor Xxxxxx’s contractors, actions and losses of every nature and kind licensees, agents, servants, independent contractors or employees; any accident, injury or damage whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with caused to any person, or to the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance property of any covenantperson, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by Premises after the negligence date that possession of the Landlord Premises is first delivered to Tenant and until the end of -59- the Lease Term and thereafter, provided that during any such period after the expiration or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence earlier termination of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Lease Term Tenant or those for whom the anyone acting by, through or under Tenant is in law responsible; (6) all costs and expenses occupancy of every kind and nature relating the Premises or any portion thereof; or any injury or damage occurring outside the Premises but within the Building, the Garage or on the Prudential Center, to the Demised Premisesextent such injury or damage results, unless expressly excluded under this Lease or unless expressly stated in this Lease is claimed to be have resulted, from an act, omission or negligence on the responsibility part of the Tenant or Tenant’s contractors, licensees, agents, servants, independent contractors or employees. Tenant shall use counsel reasonably acceptable to Landlord. Without limiting Tenant shall have the generality right, without Xxxxxxxx’s approval, to settle any litigation arising within the scope of the foregoingTenant’s indemnity, the Tenant provided that: (i) Landlord is not responsible for required to pay any costs incurred by the Landlord with respect to the preparation and/or review portion of such documentation required by settlement, (ii) Landlord is released from any ongoing liability arising therefrom, (iii) such settlement does not impose an admission of liability on the Landlord to give effect to the Demised Premisespart of Landlord, unless expressly stated to be the responsibility of the Tenant; and and (7iv) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successfulsettlement is for money damages only. This section indemnity and hold harmless agreement shall survive include indemnity against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingdefense thereof.

Tenant’s Indemnity. Other than in respect of To the Excluded Liabilityfullest extent permitted by law, the Tenant shall indemnify defend, indemnify, protect, save and save hold harmless the Landlord from Landlord, its agents, and any and all costsaffiliates of Landlord, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims, liabilities, costs or expenses arising either before or after the following but for certaintyCommencement Date from Tenant's use or occupancy of the Premises or the Building, excluding or from the Excluded Liability: (1) conduct of its business, or from any breachactivity, violation work, or non-thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees in or about the Premises or the Building, or from any default in the performance of any covenantobligation on Tenant's part to be performed under this Lease, obligation or agreement from any act or negligence of Tenant or its agents, employees, visitors, patrons, guests, invitees or licensees; provided Tenant does not indemnify Landlord for any claims, liabilities, costs or expenses to the extent the same is caused by the negligence or willful misconduct on the part of Landlord, or its agents or employees, or for which Tenant is otherwise indemnified hereunder. In cases of alleged negligence asserted by third parties against Landlord which arise out of, are occasioned by, or in any way attributable to Tenant's, its agents, employees, contractors, licensees or invitees use and occupancy of the Premises or the Building, or from the conduct of its business or from any activity, work or thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees on Tenant's part to be performed under this Lease Lease, or from any act of negligence of Tenant, its agents, employees, licensees or invitees, Tenant shall accept any tender of defense for Landlord and shall, notwithstanding any allegation of negligence or willful misconduct on the part of the Tenant to be fulfilledLandlord, keptdefend Landlord and protect and hold Landlord harmless and pay all costs, observed or performed; (2) all legal expenses and attorneys' fees and disbursements incurred in connection with such litigation, provided that Tenant shall not be liable for any appealsuch injury or damage to the extent and in the proportion that such injury or damage is ultimately determined by a court of competent jurisdiction (or in connection with any negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord. Upon Landlord's request, pertaining Tenant shall at Tenant's sole cost and expense, retain a separate attorney selected by Landlord to represent Landlord in any manner to this Lease such suit if Landlord determines that the representation of both Tenant and the Demised Premises; (3) any damage to property, either real or personal, owned Landlord by the Landlord same attorney would cause a conflict of interest; provided, however, that to the extent and in the proportion that the injury or others resulting at damage which is the subject of the suit is ultimately determined by a court of competent jurisdiction (or in connection with any time upon or occurring in or about the Demised Premises, unless caused negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord, Landlord shall reimburse Tenant for the legal fees of the Landlord or those for whom the Landlord is in law responsible; (4separate attorney retained by Tenant. The provisions of this Subsection 10.3(a) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless shall expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the expiration or sooner termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than Unless due to the intentional misconduct or negligence of Landlord or Landlord's officers, agents, contractors, employees or invitees and except as provided in respect the last sentence of Section 4.4 of this Lease, Tenant will defend, indemnify, and hold harmless Landlord, its officers, employees and agents (the "Indemnified Parties") from and against any and all liabilities, claims, losses, damages, actions, judgments, costs, and expenses (including without limitation reasonable attorney's fees and expenses) of every kind imposed upon or asserted against the Indemnified Parties or Landlord's title in the Premises arising by reason of or in connection with (a) Tenant's possession, use, occupancy, or control of the Excluded LiabilityPremises; (b) any accident, injury to or death of persons, or loss of or damage to property occurring on or about the Premises or adjoining public passageways; (c) the possession, operation, use, misuse, maintenance, or repair of the Premises; or (d) any failure on the part of Tenant to perform or comply with any of the terms of this Lease. If it becomes necessary for Landlord to defend any action seeking to impose any such liability, Landlord may elect to notify Tenant and tender defense of such action to Tenant. Tenant shall indemnify accept such tender of defense (with counsel reasonably acceptable to the Landlord) and save harmless the Landlord from any and Tenant will pay all costs, expenses, claimsand reasonable attorney's fees incurred in effecting such defense, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) addition to any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part other sums which Landlord may be called upon to pay by reason of the Tenant to entry of a judgment against Landlord in the litigation in which such claim is asserted. Landlord shall not be fulfilled, kept, observed responsible for the loss of or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real property or personal, owned by the Landlord injury to or others resulting at any time upon or death of persons occurring in or about the Demised Premises by reason of any future condition, defect, matter, or thing in the Premises, unless caused by or for the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or personsacts, including deathomissions, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of other persons or tenants in and about the Premises, and Tenant or those for whom the Tenant is in law responsible; agrees to defend (6) all costs and expenses of every kind and nature relating with counsel reasonably acceptable to the Demised PremisesLandlord), unless expressly excluded under this Lease or unless expressly stated in this Lease to be indemnify, and hold the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible Indemnified Parties harmless from and against all claims and liability for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingsame.

Tenant’s Indemnity. Other than To the fullest extent permitted by law, but subject to the express limitations on liability contained in respect of the Excluded Liability, the Tenant shall indemnify and save harmless the Landlord from any and all costs, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent Lease (including, without limitation, the following but for certaintyprovisions of Section 10.5 and 14.8 of this Lease, excluding Tenant shall defend, indemnify, protect, save and hold harmless Landlord, its agents, and any and all affiliates of Landlord, including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all third party claims, demands, actions, losses, liabilities, costs or expenses arising either before or after the Excluded Liability: (1) any breachCommencement Date from Tenant’s use or occupancy of the Premises, violation the Building or non-performance the Common Areas, including, without limitation, the use by Tenant, its agents, employees, invitees or licensees of any covenantrecreational facilities within the Common Areas; the conduct of Tenant’s business; any activity, obligation work, or agreement in this Lease on the part of the thing done, permitted or suffered by Tenant to be fulfilledor its agents, keptemployees, observed invitees or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring licensees in or about the Demised Premises, unless caused by the negligence Building or the Common Areas; any Event of Default in the Landlord performance of any obligation on Tenant’s part to be performed under this Lease; or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default act or negligence of the Tenant or those for whom the its agents, employees, visitors, patrons, guests, invitees or licensees. Landlord may, at its option, require Tenant is to assume Landlord’s defense in law responsible; (6) all costs and expenses of every kind and nature relating any claim, action or proceeding covered by this Section through counsel reasonably satisfactory to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality The provisions of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless this Section shall expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the expiration or sooner termination or expiry of this Lease. Tenant’s obligations under this Section shall not apply in the event that the claim, any provisions in this Lease to demand, action, loss, liability, cost or expense is caused solely by the contrary notwithstandingactive negligence or willful misconduct of Landlord.

Tenant’s Indemnity. Other than Tenant shall (i) not cause or permit any Toxic or Hazardous Substances hereinafter "Hazardous Substances" to be brought upon, kept or used in respect or about the Premises by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord (which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord's reasonable satisfaction that such Hazardous Substances is necessary or useful to Tenant's business and will be used, kept and stored in a manner that complies with all Environmental Laws regulating any such Hazardous Substances so brought upon or used or kept in or about the Premises). If Tenant breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Substances on the Premises caused or permitted by Tenant results in contamination of the Excluded LiabilityPremises or if contamination of the Premises by Hazardous Substances otherwise occurs for which Tenant is legally liable to Landlord for damage resulting therefrom, the then Tenant shall indemnify indemnify, defend and save hold Landlord harmless the Landlord from any and all claims, judgments, damages, penalties, fines, costs, expenses, claims, actions and liabilities or losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent (including, without limitation, diminution in value of the following but Premises generally, damages for certainty, excluding the Excluded Liability: (1) any breach, violation loss or non-performance restriction on use of rentable or usable space or of any covenant, obligation or agreement in this Lease on the part amenity of the Tenant to be fulfilledpremises generally, keptdamages arising from any adverse impact on marketing of space in the premises, observed or performed; (2) all legal and sums paid in settlement of claims, attorneys' fees, consultant fees and disbursements expert fees) which arise during or after the Term as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any appealinvestigation of site conditions or any cleanup, pertaining remedial, removal or restoration work required by any federal, state or local government agency or political subdivision because of Hazardous Substances present in any manner to this Lease and the Demised Premises; (3) any damage to property, either real soil or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance ground water on or in respect of under the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality foregoing, if the presence of any Hazardous Substances on the Premises caused or permitted by Tenant results in any contamination of the foregoingPremises, then Tenant shall promptly take all actions at its sole expense as are necessary to return the Tenant is not responsible for any costs incurred by the Landlord with respect Premises to the preparation and/or review condition existing prior to the introduction of any such Hazardous Substances to the Premises; provided that Landlord's approval of such documentation required by 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 effect on the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect of the Excluded Liability, the Tenant shall indemnify and save harmless the Landlord from any and all costs, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this LeaseSublease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease Sublease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease Sublease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease Sublease or unless expressly stated in this Lease Sublease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this LeaseSublease, any provisions in this Lease Sublease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect of the Excluded Liability, the Tenant shall indemnify indemnify, protect, defend, and save hold Landlord and Landlord’s officers, directors, employees and agents (collectively, “representatives”) harmless the Landlord from and against any and all claims, actions, demands, proceedings, losses, damages, costs of any kind or character (including reasonable attorneys’ fees and court costs), expenses, claimsliabilities, actions and losses judgments, fines, penalties, or interest (collectively, “Losses”), arising from or out of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part Tenant’s use of the Premises, or from the conduct of Tenant’s business or from any activity, work or things done, permitted or suffered by Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised PremisesPremises or elsewhere. Tenant shall also indemnify, unless caused by the negligence of the protect, defend, and hold Landlord or those for whom the Landlord is in law responsible; (4) and Landlord’s representatives harmless from and against any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises and all Losses arising from any breach or occasioned by default in the act, default or negligence performance of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease any obligation on Tenant’s part to be performed under the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry terms of this Lease, or arising from any provisions act or omission of Tenant, or any of Tenant’s agents, contractors, or employees, and from and against all costs, attorneys’ fees, expenses and liabilities reasonably incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord or any of Landlord’s representatives by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord and Landlord shall cooperate with Tenant in such defense. Neither termination of this Lease nor completion of the acts to be performed under this Lease shall release Tenant from its obligations to defend or indemnify Landlord as required hereunder so long as the event upon which any such Loss is predicated shall have occurred prior to the contrary notwithstandingeffective date of any such termination or completion.

Tenant’s Indemnity. Other than in respect of To the Excluded Liabilitymaximum extent this agreement may be made ------------------ effective according to law, the and subject to Section 13.4, Tenant shall agrees to indemnify and save harmless the Landlord from and against all claims of whatever nature arising from or claimed to have arisen from: A. any and all costsaccident, expensesinjury or damage whatsoever caused to any person, claimsor to the property of any person, actions and losses occurring in any portion of every nature and kind whatsoever and the Premises after the Actual Substantial Completion Date for such portion of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and until the end of the Lease Term and thereafter, provided that during any such period after the Lease Term Tenant or anyone acting by, through or under Tenant is in occupancy of the Premises or any portion thereof (except to the extent the same is caused by the negligence or willful misconduct of Landlord, Landlord's agents, contractors or employees); or B. any accident, injury or damage occurring: (i) on any portion of the Premises prior to the Actual Substantial Completion Date with respect to such portion of the Premises to the extent arising from Tenant's access to such portion of the Premises or (ii) in or about such portion of the Premises to the extent that such accident, injury or damage results from the negligence or willful misconduct on the part of Tenant or of Tenant's contractors, licensees, agents, servants, independent contractors or employees, provided however, that the provisions of this clause B shall not require Tenant to pay for the repair or restoration damage caused by a peril covered by property/casualty insurance which Landlord is required to carry pursuant to the provisions of this Lease, whether accruedexcept to the extent of the lesser of: (i) $25,000.00 per occurrence, actualor (ii) the amount of the deductible under such insurance coverage. C. any losses, contingent costs, or damages (including, without limitation, reasonable attorneys fees) arising from the following but for certaintyexistence of Hazardous Materials which are introduced to the Property after the last Rent Commencement Date to occur, excluding except to the Excluded Liability: (1) any breachextent that such Hazardous Materials are introduced to the Premises after such Rent Commencement Date by Landlord, violation Landlord's agents, employees or non-performance of any covenantcontractors, obligation or agreement in this Lease on the part another tenant of the Property; without limiting the foregoing, Tenant's obligations under this Paragraph C shall apply to any losses, costs, or damages arising from the breach by Tenant to be fulfilledof its obligations under Section 11.2; or D. any claims resulting from a breach of Tenant's obligations under Section 9.4 of the Lease. This indemnity and hold harmless agreement shall include indemnity against all reasonable costs, kept, observed expenses and liabilities incurred in or performed; (2) all legal fees and disbursements incurred in connection with any appealsuch claim or proceeding brought thereon, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingdefense thereof.

Tenant’s Indemnity. Other than in respect of Subject to Section 11.12 hereof, to the Excluded Liabilitymaximum extent permissible by law, the Tenant shall agrees to indemnify and save harmless the Landlord Parties from any and against all claims, damages, losses, actions, causes of actions, proceedings, liens, fines, penalties, costs, expenses, claims, actions expenses and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent (including, without limitation, reasonable attorney’s fees) of whatever nature (collectively, “Claims”) arising from (a) the following but for certaintyuse, excluding occupancy, conduct or management of the Excluded Liability: Premises or any business thereon (1other than by the Landlord Parties), (b) any breachwork or thing whatsoever done, violation or non-any condition created (other than by the Landlord Parties) in or about the Premises, (c) any negligent or otherwise wrongful act or omission of Tenant or any of its subtenants, licensees or invitees or its or their employees, agents or contractors, whether resulting in injury or death to persons or damage to property or otherwise, (d) errors in any applications executed and delivered by Landlord under Section 8.3(b) hereof, (e) the performance of any covenantAlterations by or on behalf of any Tenant Party, obligation (f) any deferral of compliance with, or agreement contest of, any violation of any Law undertaken by Tenant under Section 9.3 hereof, (g) any breach of any provision of Section 10.6 hereof (including, without limitation, in the case of this Lease on the part clause (g), claims relating to laboratory testing fees, personal injury, clean-up costs and environmental consultants’ fees), or (h) any claims made against Landlord by any proposed assignee or sublessee of the Tenant to be fulfilledPremises or by any brokers, kept, observed finders or performed; other persons (2except those representing Landlord) all legal fees and disbursements incurred for commissions or other compensation in connection with any appealproposed assignment or subletting of the Premises, pertaining if Landlord shall fail or refuse to give its consent to any such proposed assignment or subletting. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be liable for any manner to loss of business or other consequential or punitive damages under this Lease except pursuant to Article 19 or Section 20.17 hereof. The terms of this Section shall survive any termination or expiration of this Lease. The foregoing indemnity and the Demised Premises; hold harmless agreement shall include indemnity for all reasonable, out-of-pocket costs, expenses and liabilities (3including, without limitation, reasonable attorneys’ fees and disbursements) any damage to property, either real or personal, owned incurred by the Landlord Parties or others resulting at any time upon or occurring of them in or about in connection with any such Claim brought thereon, and the Demised Premisesdefense thereof. In case any action or proceeding shall be brought against the Landlord Parties or any of them by reason of any such Claim, unless caused by the negligence Landlord shall notify Tenant of any such action or proceeding and Tenant, upon notice from Landlord, shall resist and defend such action or proceeding on behalf of the applicable Landlord Parties by counsel for the insurer (if such Claim is covered by insurance) or those for whom otherwise by counsel reasonably satisfactory to Landlord. In no event shall Tenant be obligated to indemnify or save harmless the Landlord is in law responsible; (4) Parties or any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on them from or in respect of any Claim that results from the Demised Premises arising from negligence or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review willful misconduct of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination party or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingparties.

Tenant’s Indemnity. Other than In addition to, and not in respect limitation of or substitution for the Excluded Liabilityindemnity by Tenant in Section 5.03(3), the Tenant shall indemnify Landlord against and save hold landlord harmless the Landlord from any and all costs, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: claims or liability arising from: (1a) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part Tenant’s use of the Premises; (b) the conduct of Tenant’s business or anything else done or permitted by Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring done in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; ; (4c) any personal breach or bodily injury default in the performance of Tenant’s obligations under this lease; (d) any misrepresentation or breach of warranty by Tenant under this lease; or (e) all costs, expenses, demands and liability Landlord may incur if Landlord becomes or is made a party to any claim or action instituted by Tenant against any third party, or by any third party against Tenant, or by or against any person holding any interest under or personsusing the Premises by license of or agreement with Tenant. Tenant shall defend Landlord against any such cost, including death, resulting claim or liability at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating Tenant’s expense with counsel reasonably acceptable to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoingAS A MATERIAL PART OF THE CONSIDERATION TO LANDLORD, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised PremisesTENANT ASSUMES ALL RISK OF DAMAGE TO PREMISES OR INJURY TO PERSONS IN OR ABOUT THE PREMISES ARISING FROM ANY CAUSE, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the TenantAND TENANT HEREBY WAIVES ALL CLAIMS IN RESPECT THEREOF AGAINST LANDLORD, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successfulEXCEPT FOR ANY CLAIM ARISING OUT OF LANDLORD’S OR THE LANDLORD GROUP’S OPERATION OR MAINTENANCE OF THE COMMON AREAS, LANDLORD’S BREACH OF THIS LEASE OR FROM THE LANDLORD’S OR LANDLORD GROUP’S NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. This section shall survive the termination or expiry of this LeaseAS USED IN THIS SECTION, any provisions in this Lease to the contrary notwithstandingTHE TERM “TENANT” SHALL INCLUDE TENANT’S EMPLOYEES, AGENTS AND CONTRACTORS, IF APPLICABLE.

Tenant’s Indemnity. Other than in respect of To the Excluded Liabilitymaximum extent this agreement may be made effective according to law, the Tenant shall Xxxxxx agrees to indemnify and save harmless the Landlord from and against all claims of whatever nature arising from any and all costsact, expensesomission or negligence of Tenant, claimsor Xxxxxx's contractors, actions and losses licensees, invitees, agents, servants or employees, or arising from any accident, injury or damage whatsoever (other than as a result of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with Landlord's negligence or willful misconduct) caused to any person, or to the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance property of any covenantperson, obligation occurring after the commencement of construction work by Xxxxxx, and until the end of the Lease Term and thereafter, so long as Tenant is in occupancy of any part of the Premises, within the Premises, or agreement in this Lease arising from any accident, injury or damage occurring outside of the Premises, where such accident, damage or injury results or is claimed to have resulted from an act or omission on the part of the Tenant or Tenant's agents, employees, independent contractors or invitees. In case Landlord or any other party so indemnified shall be made a party to be fulfilledany litigation commenced by or against Tenant, keptthen Tenant shall protect and hold them harmless and shall pay all costs, observed expenses and reasonable attorney's fees incurred or performed; (2) paid by them in connection with such litigation. This indemnity and hold harmless agreement shall include indemnity against all legal fees costs, expenses and disbursements liabilities incurred in or in connection with any appealsuch claim or proceeding brought thereon, pertaining in any manner to this Lease and the Demised Premises; (3) defense thereof. Notwithstanding any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry other provisions of this Lease, any provisions the obligations of the Tenant pursuant to this Section, shall remain in full force and effect after the termination of this Lease until the expiration of the period stated in the applicable statute of limitations during which a claim, cause of action or prosecution relating to the contrary notwithstandingmatters herein described may be brought and the payment in full or the satisfaction of such claim, cause of action, or prosecution and the payment of all expenses and charges incurred by the Landlord, or its officers, partners, employees, servants or agents, relating to the enforcement of the provisions herein specified.

Tenant’s Indemnity. Other than Notwithstanding (i) the limits of Tenant's insurance specified in respect of the Excluded LiabilitySection 20.1 hereof and (ii) whether Tenant's insurance shall be in full force and effect, the Tenant shall indemnify indemnify, defend and save hold Landlord and the Condominium Association (if applicable) harmless the Landlord from any and all costs, expenses, penalties, claims, actions demands and losses liabilities ("CLAIMS") arising from Tenant's use of every nature the Property or the conduct of its business or from any activity, work, or thing done by Tenant in or about the Premises. Tenant shall further indemnify, defend and kind whatsoever hold Landlord and the Condominium Association (if applicable) harmless from all Claims arising from any Default, or arising from any act, neglect, fault or omission of Tenant or of its agents, employees or licensees in the Premises, or arising from any act, neglect, fault or omission of Tenant's invitees in the Premises, and from and against all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Leasecosts, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal attorneys' fees and disbursements costs, expenses and liabilities incurred in connection with such Claim or any appealaction or proceeding brought thereon, pertaining in but this indemnity shall not extend to Claims to the extent resulting from negligent acts or omissions or willful misconduct of Landlord or the Condominium Association, as applicable, their respective employees, agents, licensees or invitees, to consequential or punitive damages or to Claims that are as applicable covered by property insurance carried by Landlord or the Condominium Association or required to be carried by Landlord hereunder. In case any manner action or proceeding shall be brought against Landlord and/or the Condominium Association, as applicable, by reason of any such Claim, Tenant, upon notice from Landlord and/or the Condominium Association, as applicable, shall defend the same at Tenant's expense by counsel approved by Landlord and/or the Condominium Association, as applicable. Tenant, as a material part of the consideration to this Lease and the Demised Premises; (3) any Landlord, hereby assumes all risk of damage to propertyproperty or injury to persons in, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised PremisesProperty from any cause whatsoever, unless caused by the negligence of the except that for which Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating may be liable pursuant to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated indemnity contained in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingSection 19.2 hereof.

Tenant’s Indemnity. Other than in respect of Except to the Excluded Liabilityextent caused by Landlord's gross negligence or willful misconduct, the Tenant shall indemnify and save hold harmless the Landlord and its agents, Landlord's master or ground lessor, partners and lenders, from and against any and all costs, expenses, claims, actions and losses claims for damage to the person or property of every nature and kind whatsoever and of and anyone or any entity arising from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part Tenant's use of the Office Building Project, or from the conduct of Tenant's business or from any activity, work or things done, permitted or suffered by Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised PremisesPremises or elsewhere and shall further indemnify and hold harmless Landlord from and against any and all claims, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses arising from any breach or default in the performance of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease any obligation on Tenant's part to be performed under the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry terms of this Lease, or arising from any provisions act or omission of Tenant, or any of Tenant's agents, contractors, employees or invitees and from and against all costs, attorneys' fees, expenses and liabilities incurred by Landlord as a result of any such use, conduct, activity, work, things done, permitted or suffered, breach, default or negligence, and in this Lease dealing reasonably therewith, including but not limited to the contrary notwithstandingdefense or pursuit of any claim or any action or proceeding involved therein; and in case any action or proceeding be brought against Landlord by reason of any such matter, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord and Landlord shall cooperate with Tenant in such defense. Landlord need not have first paid any such claim in order to be so indemnified. Except to the extent caused by Landlord's gross negligence or willful misconduct, Tenant, as a material part of the consideration to Landlord, hereby (i) assumes all risk of damage to property of Tenant or injury to persons, in, upon or about the Office Building Project arising from any cause and Tenant hereby waives all claims in respect thereof against Landlord and (ii) agrees that neither Landlord nor any officer, director, or shareholder of Landlord shall be liable for any theft or vandalism on, to, or from the Premises.

Tenant’s Indemnity. Other than As between Landlord and Tenant, and except to the extent provided in respect of Paragraph IV(1)(b) and to the Excluded Liability, the Tenant shall indemnify and save harmless the Landlord from any and all costs, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement limited extent otherwise provided in this Lease on Paragraph IV(15)(b), Landlord shall not be liable for injury to any person, or for the part loss of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or property (including property of Tenant) occurring in or about the Demised Premises, unless caused by the negligence Premises from any cause whatsoever. Tenant hereby assumes all risk of the Landlord damage to property or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or personspersons in, including death, resulting at any time upon or occurring in or about the Demised Premises, unless from any cause whatsoever except that which is caused by (i) 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 Tenant has given Landlord written notice of such failure, or (ii) the negligence or willful misconduct of the Landlord. Tenant hereby indemnifies and holds Landlord harmless, and shall defend Landlord, from and against any and all claims, charges, liabilities, obligations, penalties, causes of action, liens, damages, costs and expenses (including attorneys' fees) arising, claimed, charged or those for whom the incurred against or by Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises and arising from or occasioned in connection with: (a) Tenant's use or occupancy of, or any activity, work or other thing done, permitted or suffered by Tenant on or about, the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease whether before, after or unless expressly stated during the Term, (b) any breach or default in this Lease the performance of any obligation on Tenant's part to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of performed under this Lease, or (c) any provisions act or omission of Tenant, or any officer, contractor, agent, employee, guest, licensee, or invitee of Tenant, on or about the Premises, Building or Land. Such indemnification obligation shall extend to all costs, attorneys' fees, and liabilities incurred in this Lease to connection with the contrary notwithstandingdefense of any such claim (including appeals and petitions for review) or any action or proceeding brought thereon.

Tenant’s Indemnity. Other than in respect of To the Excluded Liabilityfullest extent permitted by law, the Tenant shall indemnify defend (with attorneys reasonably acceptable to Landlord), indemnify, protect, save and save hold harmless the Landlord from Landlord, its agents, and any and all costsaffiliates of Landlord, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims, liabilities, costs or expenses arising from Tenant's use or occupancy of the following but for certaintyPremises or the Building, excluding or from the Excluded Liability: (1) conduct of its business, or from any breachactivity, violation work, or non-thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees in or about the Premises or the Building, or from any Default in the performance of any covenantobligation on Tenant's part to be performed under this Lease, or from any act or negligence of Tenant or its agents, employees, visitors, patrons, guests, invitees or licensees; provided Tenant shall have no obligation to indemnify, save or agreement hold harmless Landlord for any claims, liabilities, costs or expenses to the extent the same is caused by the negligence or willful misconduct on the part of Landlord, or its authorized agents, contractors or employees, or for which Tenant is otherwise indemnified hereunder. In cases of alleged negligence asserted by third parties against Landlord which arise out of, are occasioned by, or in any way attributable to Tenant's, its agents', employees', contractors', licensees' or invitees' use and occupancy of the Premises or the Building, or from the conduct of its business or from any activity, work or thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees on Tenant's part to be performed under this Lease Lease, or from any act of negligence of Tenant, its agents, employees, licensees or invitees, Tenant shall accept any tender of defense for Landlord and shall, notwithstanding any allegation of negligence or willful misconduct on the part of the Tenant to be fulfilledLandlord, keptdefend Landlord and protect and hold Landlord harmless and pay all costs, observed or performed; (2) all legal expenses and attorneys' fees and disbursements incurred in connection with such litigation, provided that Tenant shall not be liable for any appealsuch injury or damage, pertaining and Landlord shall reimburse Tenant for the reasonable attorney's fees and costs for the attorney representing both parties, all to the extent and in the proportion that such injury or damage is ultimately determined by a court of competent jurisdiction (or in connection with any negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord. Upon Landlord's request, Tenant shall, at Tenant's sole cost and expense, retain a separate attorney selected by Landlord to represent Landlord in any manner to this Lease such suit if Landlord determines that the representation of both Tenant and the Demised Premises; (3) any damage to property, either real or personal, owned Landlord by the Landlord same attorney would cause a conflict of interest; provided, however, that to the extent and in the proportion that the injury or others resulting at damage which is the subject of the suit is ultimately determined by a court of competent jurisdiction (or in connection with any time upon or occurring in or about the Demised Premises, unless caused negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord, Landlord shall reimburse Tenant for the reasonable legal fees and costs of the Landlord or those for whom the Landlord is in law responsible; (4separate attorney retained by Tenant. The provisions of this Subsection 10.3(a) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless shall expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the expiration or sooner termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than In addition to, and not in respect limitation of or substitution for the Excluded Liabilityindemnity by Tenant in Section 5.03C, the Tenant shall indemnify Landlord against and save hold Landlord harmless the Landlord from any and all costs, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: claims or liability arising from: (1a) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part Tenant's use of the Premises; (b) the conduct of Tenant's business or anything else done or permitted by Tenant to be fulfilleddone in or about the Premises; (c) any breach or default in the performance of Tenant's obligations under this lease; (d) any misrepresentation or breach of warranty by Tenant under this Lease; or (e) other acts or omissions of Tenant. Tenant shall defend Landlord against any such cost, keptclaim or liability at Tenant's expense with counsel reasonably acceptable to Landlord or, observed or performed; (2) all at Landlord's election, Tenant shall reimburse Landlord for any legal fees and disbursements or costs incurred by Landlord in connection with any appealsuch claim. AS A MATERIAL PART OF THE CONSIDERATION TO LANDLORD, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to propertyTENANT ASSUMES ALL RISK OF DAMAGE TO PREMISES OR INJURY TO PERSONS IN OR ABOUT THE PREMISES ARISING FROM ANY CAUSE, either real or personalAND TENANT HEREBY WAIVES ALL CLAIMS IN RESPECT THEREOF AGAINST LANDLORD, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised PremisesEXCEPT FOR ANY CLAIM ARISING OUT OF LANDLORD'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. AS USED IN THIS SECTION, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or personsTHE TERM "TENANT" SHALL INCLUDE TENANT'S EMPLOYEES, including deathAGENTS, resulting at any time upon or occurring in or about the Demised PremisesCONTRACTORS AND INVITEES, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingIF APPLICABLE.

Tenant’s Indemnity. Other than in respect Except if and to the extent that the same shall be caused by the negligence or willful misconduct of the Excluded LiabilityLandlord or any of Landlord's principals, the officers, agents, contractors, servants, employees, licensees and invitees, Tenant shall covenants and agrees to indemnify and save Landlord and its principals, partners, officers, members, affiliates and employees, disclosed or undisclosed, harmless the Landlord from and against any and all costs, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Leaselosses, whether accrued, actual, contingent damages (excluding consequential damages) or expenses (including, without limitation, reasonable attorneys' fees and expenses) or other liability arising during the following but for certainty, excluding term of this Lease resulting from (i) the Excluded Liability: (1) any breach, violation or non-performance of any covenantTenant Work, obligation or agreement the possession, use, occupancy, management, repair, maintenance or control of the Premises or any part thereof by Tenant or any of its subtenants, concessionaires, licensees, subtenants, invitees, visitors or assignees, or its or their employees, agents, visitors, invitees, contractors or subcontractors of any tier; or (ii) any act or omission of Tenant (alleged or otherwise), or of any of its subtenants, concessionaires, licensees, subtenants, invitees, visitors or assignees, or its or their employees, agents, visitors, invitees, contractors or subcontractors of any tier; or (iii) any injury to person or property or loss of life sustained in this Lease or about the Premises or any part thereof; or (iv) Tenant's failure to diligently investigate and promptly notify Landlord with respect to any of the foregoing, including, without limitation, any expenses incurred by Landlord in the event that an insurance carrier disclaims coverage on the part basis of the "late notice" due to Tenant's failure to comply with this Section 11A. Tenant shall, at its own cost and expense and by counsel approved by Landlord, which approval shall not be unreasonably withheld (and with counsel to Tenant's insurer being hereby approved), defend any and all actions, suits and proceedings which may be fulfilled, kept, observed brought against Landlord with respect to or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the and Tenant is not responsible for shall pay, satisfy and discharge any costs incurred by the Landlord and all judgments, orders and decrees which may be made or entered against, Landlord, or its respective principals, disclosed or undisclosed, with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premisesto, unless expressly stated to be the responsibility or in connection with, any of the Tenant; and (7) any appeal foregoing. The commercial general liability coverage maintained by Tenant pursuant to this Lease shall specifically insure the contractual obligations of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction Tenant as set forth in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Article and/or as provided in this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect of the Excluded Liability, the Tenant shall indemnify indemnify, defend, ------------------ protect, and save hold harmless Landlord and the Landlord Parties from any and all costs, expenses, claims, actions loss, cost, damage, expense and losses liability (including without limitation court costs and reasonable attorneys' fees) (collectively, "Claims") incurred in connection with or arising from (1) any cause in or on the Premises during the Lease Term or any holdover period and (2) subject to the terms of every nature the last sentence of Section 10.1.3, below, any acts or omissions or wilful misconduct of Tenant or any person claiming by, through or under Tenant, its partners, and kind whatsoever and their respective officers agents, servants or employees of and Tenant or any such person (collectively, "Tenant Parties"), in or on or about the Premises or the Real Property either prior to, during, or after the expiration of the Lease Term, provided that, except as set forth below, the terms of the foregoing indemnity shall not apply to the extent such Claims arise from all liabilities the negligence or wilful misconduct of every nature and kind whatsoever the Landlord Parties in connection with the Demised Premises and this LeaseLandlord Parties' activities in, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Real Property, including the Premises. Notwithstanding the foregoing, because Tenant must carry insurance pursuant to Section 10.3.2, below, to cover its personal property and all office furniture, -------------- trade fixtures, office equipment and merchandise within the Premises and the Tenant Improvements and Alterations, Tenant hereby agrees to protect, defend, indemnify and hold Landlord harmless from any Claim with respect to any such property within the Premises, unless caused to the extent such Claim is covered by Tenant's insurance, even if resulting from the negligence or wilful misconduct of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingParties.

Tenant’s Indemnity. Other than in respect of the Excluded Liability, the The Tenant shall indemnify indemnify, protect, defend and save hold harmless the Landlord and its employees, from and against any and all claims, suits, actions, damages or causes of action of whatever nature arising out of the use or operation of the Premises or the surrounding areas, whether such claim shall be made by the Tenant, or an employee, agent, contractor, invitee or guest of the Tenant, an employee, agent or official of the Landlord or by any third party, and whether it relates to injury to persons (including death) or damage to property except where it is alleged that the Landlordor its employees or officials were negligent or that they acted intentionally. The Tenant shall, at its own cost and expense, pay and satisfy all costs related to any orders, judgments, or decrees which may be entered thereon, and all reasonable costs, attorneys’ fees, expenses and liabilities incurred in and about the defense of any such claims and the investigation thereof. The Tenant shall also indemnify, defend, protect and hold the Landlord harmless from and against any and all claims arising from any breach or default in performance of any obligation of the Tenant’s part to be performed under the terms of this Agreement, or arising from any act, neglect, fault or omission of the Tenant, its employees, agents, contractors, invitees, and guests, and from and against all reasonable costs, attorneys’ fees, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements liability incurred in connection with any appealsuch claim or any action or proceeding brought thereon. The Tenant reserves the right to retain counsel of its choice. The Tenant shall immediately notify the Landlord, pertaining in writing, of any manner to this Lease and the Demised Premises; (3) any damage to propertyclaim or action filed, either real or personalof whatever nature, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence arising out of the Landlord use or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence operation of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss its employees, agents, contractors, invitees and guests. The Tenant shall also immediately notify the Landlord if the Tenant knows or has reason to believe a claim or action will be filed, of whatever nature, arising out of the Landlord due to a reduction in use or operation of the amount of Taxes payable Premises by the Tenant resulting from such appeal being successful. This section shall survive the termination Tenant, its members, agents, contractors, employees, or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingservants.

Tenant’s Indemnity. Other than in respect Subject to the provisions of the Excluded Liabilitythis Lease, the Tenant shall indemnify indemnify, defend, protect, and save hold harmless Landlord and the Landlord Parties from any and all costs, expenses, claims, actions loss, cost, damage, expense and losses of every nature liability (including without limitation court costs and kind whatsoever reasonable attorneys' fees) (collectively, "Costs and of and from all liabilities of every nature and kind whatsoever Damages") incurred in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: or arising from (1) any breach, violation cause in or non-performance of any covenant, obligation or agreement in this Lease on the part Premises following the Commencement Date prior to the expiration of the Tenant Term (or any holdover period, whichever later occurs) or any holdover period (to the extent coverable under the type of CGL Insurance required to be fulfilled, kept, observed carried by Tenant under Paragraph 8.2(a)) or performed; (2) all legal fees subject to the terms of the last sentence of Paragraph 8.7(c) below, any negligence or willful misconduct of Tenant or any person claiming by, through or under Tenant, its partners, sublessees, licensees and disbursements incurred in connection with any appealtheir respective officers, pertaining in any manner to this Lease agents, contractors, and the Demised Premises; employees (collectively, "Tenant Parties") (whether or not coverable by Tenant's insurance) or (3) any damage to propertydefault by Tenant under this Lease, either real in or personal, owned by the Landlord or others resulting at any time upon or occurring in on or about the Demised PremisesPremises during the Lease Term, unless caused by provided that, except as set forth below, the terms of the foregoing indemnity shall not apply to the extent such Claims, Costs and Damages arise from the negligence or willful misconduct of Landlord or any of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the LandlordParties. Without limiting the generality of Notwithstanding the foregoing, because Tenant must carry insurance pursuant to Paragraph 8.4(a)) above to cover its personal property and all Trade Fixtures within the Premises, Tenant is not responsible for hereby agrees to protect, defend, indemnify and hold Landlord harmless from any costs incurred by the Landlord Claim, Cost or Damage with respect to any such property within the preparation and/or review Premises, to the extent such Claim, Claims and Damages are coverable by customary All Risk Insurance, even if resulting from the negligence or willful misconduct of such documentation required by Landlord or the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingParties.

Tenant’s Indemnity. Other than To the maximum extent this agreement may be made ------------------ effective according to law, and except as otherwise expressly provided in respect of the Excluded Liabilitythis Lease, the Tenant shall agrees to indemnify and save harmless the Landlord from any and against all costs, expenses, claims, actions and losses loss, or damage of every whatever nature and kind whatsoever and to the extent, except to the extent that the same results from the negligence or willful misconduct of and Landlord, or the Landlord's Responsible Parties (as hereinafter defined): (i) directly arising from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and any negligent act or omission relating to an express obligation under this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation Lease or non-performance willful misconduct of any covenantTenant Responsible Party or any accident, injury to or death of persons or loss of or damage to property whatsoever, in each case occurring in the Premises during the Term and thereafter, so long as the Tenant is in occupancy of any part of the Premises, or (ii) arising from any accident, injury or damage occurring outside the Premises but in or on the Property Common Areas, or any other areas within the Buildings or on the Land, where such accident, injury or damage results directly from the Tenant's negligence act or omission relating to an express obligation or agreement in under this Lease on the part of any Tenant Responsible Party; provided that the Tenant to be fulfilled, kept, observed foregoing indemnity shall not include any cost or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by extent arising from the negligence or willful misconduct of the Landlord or those the Landlord's contractors, licensees, invitees, agents, servants or employees or others for whom the Landlord is in law responsible; legally responsible (4collectively, with the Landlord, "Landlord Responsible Parties") any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless if caused by the negligence acts or omissions of any other tenant or such tenant's contractors, licensees, invitees, agents, servants or employees. This indemnity and hold harmless agreement shall include indemnity against reasonable attorneys' fees and all other reasonable costs, expenses and liabilities incurred or in connection with any such claim or proceeding brought thereon, and the defense thereof. The claims subject to the foregoing indemnity by Tenant shall include any claims by the Master Landlord under Section 9(a) of the Landlord Master Lease arising from the Tenant's negligent acts or those for whom the Landlord is omissions in law responsible; (5) any contract, lien, mortgage, charge connection with use or encumbrance on or in respect occupancy of the Demised Premises arising from or occasioned Premises. This Indemnification Obligation shall be governed by the act, default or negligence provisions of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingSection 7.6.

Tenant’s Indemnity. Other than in respect of the Excluded Liability, the The Tenant shall indemnify and save harmless Landlord, the Landlord members, directors, officers, agents, and employees of Landlord, against and from any and all costsclaims, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all or liabilities of every whatever nature (a) arising from the failure of Tenant to comply with any rule, order, regulation, or lawful direction now or hereafter in force of any public authority, in each case to the extent the same are related, directly or indirectly, to the Premises, or Tenant's use thereof; or (b) arising directly or indirectly from any accident, injury, or damage, caused by Tenant, to any person or property, on or about the Premises; or (c) arising directly or indirectly from any accident, injury, or damage to any person or property occurring outside the Premises, where such accident, injury, or damage results, or is claimed to have resulted, from any act, omission, or negligence on the part of Tenant, or Tenant's contractors, licensees, agents, servants, employees, or customers, or anyone claiming by or through Tenant: provided, however, that in no event shall Tenant be obligated under this clause (c) to indemnify Landlord, the members, directors, officers, agents, employees of Landlord, to the extent such claim, expense, or liability results from any omission, fault, negligence, or other misconduct of Landlord or the officers, agents, or employees of Landlord on or about the Premises. Anything in the foregoing to the contrary notwithstanding, Tenant shall have no obligation to indemnify Landlord against any liability, cost or expense, arising from or relating to any pre- existing condition or state of affairs that Landlord knew or should have known to be a hazard or dangerous condition at the commencement of the Lease Term; however, Tenant shall be obligated to immediately notify Landlord of any such condition of which it becomes aware during the Lease Term. This indemnity and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent includinghold harmless agreement shall include, without limitation, the following but for certaintyindemnity against all expenses, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal attorney's fees and disbursements liabilities incurred in connection with any appeal, pertaining in any manner to this Lease such claim or proceeding brought thereon and the Demised Premises; (3) defense thereof; provided that Landlord promptly notifies Tenant in writing of any damage to propertyclaim for which it seeks indemnification hereunder and provides Tenant with sole control of any defense or settlement thereof, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord together with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction reasonable assistance in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingdefense thereof.

Tenant’s Indemnity. Other than To the maximum extent this agreement may be made effective according to law, Tenant agrees, in respect of the Excluded Liabilityaddition to all other rights and remedies available to Landlord, the Tenant shall to defend, indemnify and save harmless Landlord from and against all claims, expenses or liability of whatever nature from any suits, claims and demands arising directly or indirectly (i) from the Landlord failure of the Tenant’s or Tenant’s contractors, agents, employees or invitees to comply with the terms of this Lease or with any applicable laws, codes, bylaws, rules, orders regulations or lawful direction now or hereafter in force of any public authority and any accident, injury or damage whatsoever to any person, or to the property of any person, occurring on or about the Premises or (ii) from any accident, injury or damage however caused to any person or property on the Premises or occurring outside of the Premises but on the Airport property, in each case where such accident, damage or injury results or is claimed to have resulted from any act, omission or negligence on the part of Tenant or Tenant's contractors, agents, employees, orinvitees or anyone claiming by or through the Tenant; and (iii) from any and all costs, expenses, claims, actions costs and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever expenses incurred in connection with any cleanup, remediation, removal or restoration work required by any federal, state or local governmental authority because of the Demised presence of any Hazardous Materials on or about the Premises to the extent that Tenant or Tenant’s contractors, agents, employees or invitees or anyone claiming by or through the Tenant caused or contributed to such environmental occurrence, in these cases, occurring after the date of this Lease until the end of the term of this Lease and this Leasethereafter so long as Tenant is in occupancy of any part of the Premises. This indemnity and hold harmless agreement shall include indemnity against all costs, whether accruedexpenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, actualand the defense thereof, contingent including, without limitation, reasonable attorneys' fees at both the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees trial and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingappellate levels.

Tenant’s Indemnity. Other than Except as otherwise indemnified by Landlord as set forth in respect of the Excluded LiabilityParagraph 11(b) below, the Tenant shall agrees to indemnify and defend Landlord and/or District and Landlord’s and/or Districts’ contractors, consultants, agents, servants, trustees, board members, directors, licensees, invitees, officers and employees against and save it harmless the Landlord from any and all costsloss, expensescost, claimsliability, actions damage and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Leaseexpense, whether accrued, actual, contingent including, without limitation, penalties, fines, reasonable attorneys’ fees and disbursements, damage to property and injury to persons, and obligations or liabilities to District and its successors and assigns pursuant to the following but for certaintyMaster Lease, excluding to the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part extent caused by Tenant’s default of the Tenant to be fulfilled, kept, observed provisions of this Lease; or performed; (2) all legal fees and disbursements incurred in connection with or arising from any appeal, pertaining in any manner to cause whatsoever during the term of this Lease and the Demised Premises; (3) any damage to propertyin, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in on or about the Demised PremisesPremises and/or the Project Improvements whether or not such cause becomes known to Landlord, unless caused District or Tenant before or after termination or expiration of this Lease including, without limitation, (a) any default by Tenant in the negligence observance or performance of any of the Landlord terms, covenants or those for whom conditions of this Lease on Tenant’s part to be observed or performed, (b) the Landlord is in law responsible; (4) any personal use or bodily injury to occupancy or manner of use or occupancy of the Premises by Tenant or any person claiming through or personsunder Tenant, including deathor of the employees, resulting at agents, licensees or invitees of Tenant or any time upon or occurring in such other person, in, on or about the Demised Premises and/or the Project Improvements, whether the matter becomes known during or after the expiration of, the Term, including, without limitation, any act, omission or negligence in the construction of any Project Improvements, or (c) any claims by any persons by reason of any materials or labor supplied to the Premises, unless caused or injury to persons or damage to property occasioned by any use, occupancy, condition, occurrence, happening, act, omission or negligence referred to in this sentence. Tenant shall hold all goods, materials, and other personal property whatsoever on the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on Premises or in respect the Project Improvements at the sole risk of the Demised Premises arising Tenant and indemnify Landlord against and save it harmless from any loss or occasioned damage thereto by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingcause whatsoever.

Tenant’s Indemnity. Other than To the fullest extent permitted by law, but subject to the express limitations on liability contained in respect of the Excluded Liability, the Tenant shall indemnify and save harmless the Landlord from any and all costs, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent Lease (including, without limitation, the following but for certaintyprovisions of Section 10.5 and 14.8 of this Lease, excluding Tenant shall defend, indemnify, protect, save and hold harmless Landlord, its agents, and any and all affiliates of Landlord, including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all third party claims, demands, actions, losses, liabilities, costs or expenses arising either before or after the Excluded Liability: (1) Commencement Date from Tenant’s use or occupancy of the Premises, the Building or the Common Areas, including, without limitation, the use by Tenant, its agents, employees, invitees or licensees of any breachrecreational facilities within the Common Areas; the conduct of Tenant’s business; any activity, violation work, or non-thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees in or about the Premises, the Building or the Common Areas; any Event of Default in the performance of any covenantobligation on Tenant’s part to be performed under this Lease; or any act or negligence of Tenant or its agents, obligation employees, visitors, patrons, guests, invitees or agreement in this Lease on the part of the licensees. Landlord may, at its option, require Tenant to be fulfilledassume Landlord’s defense in any claim, keptaction or proceeding covered by this Section through counsel reasonably satisfactory to Landlord. The provisions of this Section shall expressly survive the expiration or sooner termination of this Lease. Tenant’s obligations under this Section shall not apply in the event that the claim, observed demand, action, loss, liability, cost or performed; (2) all legal expense is caused solely by the active negligence or willful misconduct of Landlord. Landlord shall reimburse Tenant for reasonable attorneys’ fees and disbursements incurred costs to the extent and in the proportion that any injury or damage is ultimately determined by a court of competent jurisdiction (or in connection with any appeal, pertaining in any manner negotiated settlement agreed to this Lease and the Demised Premises; (3by Landlord) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by be attributable to the negligence or willful misconduct of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or personsLandlord. Additionally, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premisesfullest extent permitted by law, unless expressly excluded under this Lease or unless expressly stated but subject to the express limitations on Landlord’s liability contained in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing(including, without limitation, the Tenant is not responsible for provisions of Section 10.4 below), Landlord shall indemnify and hold harmless Tenant, and Tenant’s agents, employees, lenders, and affiliates, from and against any and all claims, liabilities, damages, costs incurred by or expenses arising either before or after the Landlord Commencement Date from the negligence or willful misconduct of Landlord, its affiliates, agents, employees, or contractors in connection with its obligations with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination Project or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect Except as covered under the provisions of the Excluded LiabilitySECTION 16.1, the Tenant shall indemnify indemnify, protect, defend and save hold Landlord and its Authorized Representatives harmless the Landlord from any and all costs, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever claims arising from or in connection with (a) the Demised conduct or management of the Premises or of any business therein, or any work or thing whatsoever done, or any condition created in or about the Premises during the Term; (b) any act, omission or negligence of Tenant or any of Tenant's Authorized Representatives, invitees, subtenants, licensees and/or contractors of Tenant or of Tenant's subtenants or licensees during the Term and any holding over; (c) any accident, injury or damage whatsoever occurring in or at the Premises during the Term and any holding over; (d) any breach or default by Tenant in the full and prompt payment of any amount due Landlord under this Lease, whether accrued, actual, contingent including, without limitation, the following but Lease and for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance nonperformance of any covenantterm, condition, covenant or other obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated any representation made by Tenant or any guarantor of Tenant's obligations in connection with this Lease to be Lease; (e) all damages sustained by Landlord as a result of any holdover by Tenant in the responsibility Premises including, but not limited to, any claims by another tenant resulting from a delay by Landlord in delivering possession of the Landlord. Without limiting Premises to such tenant; (f) the generality contesting of the foregoingany taxes by Tenant; and (g) any liens or encumbrances arising out of any work performed or materials furnished by or for Tenant, the Tenant unless such claim is not responsible for any costs incurred caused by the negligent or willful misconduct of Landlord with respect or its Authorized Representatives. In the event Landlord, without fault on Landlord's part, is made a party to the preparation and/or review of such documentation required any litigation commenced by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the or against Tenant, excluding any financial loss of the then Tenant shall protect, defend, indemnify, and hold Landlord due to a reduction harmless and shall pay all costs, expenses and attorneys' fees incurred or paid by Landlord in the amount of Taxes payable by the Tenant resulting from connection with such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandinglitigation.

Tenant’s Indemnity. Other than in respect of To the Excluded Liabilityfullest extent permitted by law, the Tenant shall indemnify defend (with attorneys reasonably acceptable to Landlord), indemnify, protect, save and save hold harmless the Landlord from Landlord, its agents, and any and all costsaffiliates of Landlord, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims, liabilities, costs or expenses arising from Tenant’s use or occupancy of the following but for certaintyPremises or the Building, excluding or from the Excluded Liability: (1) conduct of its business, or from any breachactivity, violation work, or non-thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees in or about the Premises or the Building, or from any Default in the performance of any covenantobligation on Tenant’s part to be performed under this Lease, or from any act or negligence of Tenant or its agents, employees, visitors, patrons, guests, invitees or licensees; provided Tenant shall have no obligation to indemnify, save or agreement hold harmless Landlord for any claims, liabilities, costs or expenses to the extent the same is caused by the negligence or willful misconduct on the part of Landlord, or its authorized agents, contractors or employees, or for which Tenant is otherwise indemnified hereunder. In cases of alleged negligence asserted by third parties against Landlord which arise out of, are occasioned by, or in any way attributable to Tenant’s, its agents’, employees’, contractors’, licensees’ or invitees’ use and occupancy of the Premises or the Building, or from the conduct of its business or from any activity, work or thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees on Tenant’s part to be performed under this Lease Lease, or from any act of negligence of Tenant, its agents, employees, licensees or invitees, Tenant shall accept any tender of defense for Landlord and shall, notwithstanding any allegation of negligence or willful misconduct on the part of the Tenant to be fulfilledLandlord, keptdefend Landlord and protect and hold Landlord harmless and pay all costs, observed or performed; (2) all legal expenses and attorneys’ fees and disbursements incurred in connection with such litigation, provided that Tenant shall not be liable for any appealsuch injury or damage, pertaining and Landlord shall reimburse Tenant for the reasonable attorney’s fees and costs for the attorney representing both parties, all to the extent and in the proportion that such injury or damage is ultimately determined by a court of competent jurisdiction (or in connection with any negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord. Upon Landlord’s request, Tenant shall, at Tenant’s sole cost and expense, retain a separate attorney selected by Landlord to represent Landlord in any manner to this Lease such suit if Landlord determines that the representation of both Tenant and the Demised Premises; (3) any damage to property, either real or personal, owned Landlord by the Landlord same attorney would cause a conflict of interest; provided, however, that to the extent and in the proportion that the injury or others resulting at damage which is the subject of the suit is ultimately determined by a court of competent jurisdiction (or in connection with any time upon or occurring in or about the Demised Premises, unless caused negotiated settlement agreed to by Landlord) to be attributable to the negligence or willful misconduct of Landlord, Landlord shall reimburse Tenant for the reasonable legal fees and costs of the Landlord or those for whom the Landlord is in law responsible; (4separate attorney retained by Tenant. The provisions of this Subsection 10.3(a) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless shall expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the expiration or sooner termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than Subject to the limitation and exclusions set forth below in respect of the Excluded Liabilitythis subsection, the Tenant shall hereby agrees to and will indemnify and save hold harmless the Landlord, Property Manager, their respective officers, directors, and employees and any other parties for whom Landlord from and/or Property Manager are legally responsible (each a “Landlord Indemnified Party”) from, and shall reimburse each Landlord Indemnified Party for and with respect to, any and all costs, expenses, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent expenses (including, without limitation, actual, reasonable attorneys fees), claims, demands, actions, proceedings, judgments, hearings, damages, losses and liabilities brought or asserted by or payable to any third party on account of personal injury, death, property damage or any other form of injury or damage (each a “Claim” and collectively the following but for certainty“Claims”) arising out of or relating to (a) an incident or event which occurred within or on the Premises, excluding (b) the Excluded Liability: use or occupancy of the Premises, or (1c) any breach, violation or non-performance breach of any covenant, obligation or agreement in this Lease on the part by Tenant and which resulted in a Claim. The indemnification and reimbursement obligations of Tenant under this subsection shall not apply to a Claim (i) waived by Landlord under Section 7.4 above or any other provision of this Lease, or (ii) arising primarily out of the Tenant to be fulfilled, kept, observed negligence or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence intentional misconduct of the Landlord Indemnified Party. If a third party files a lawsuit or those for whom brings any other legal action asserting a Claim against a Landlord Indemnified Party and that is covered by Tenant’s indemnity, then Tenant, upon notice from the Landlord is in law responsible; (4) any personal or bodily injury Indemnified Party, shall resist and defend such Claim through counsel reasonably satisfactory to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; Indemnified Party. TENANT ACKNOWLEDGES THAT TENANT’S INDEMNITY OBLIGATIONS UNDER THIS SECTION 7.5 MAY APPLY TO CLAIMS RESULTING FROM THE PARTIAL (5BUT NOT PRIMARY) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded NEGLIGENCE OF A LANDLORD INDEMNIFIED PARTY. Tenant’s obligations under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section subsection shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect of the Excluded Liability, the Tenant shall protect, defend, indemnify and save hold Landlord, its partners, shareholders, officers, directors, trustees, employees, agents, authorized representatives and contractors (collectively, “Landlord’s Affiliates”) harmless the Landlord from and against any and all costs, expenses, claims, demands, judgments, loss, cost, expense, liability, damage or injury to property or persons, resulting from or occurring by reason of: (a) the use, occupancy or nonoccupancy of the Premises or by the actions or inactions of Tenant and/or any subtenant, and losses their agents, officers, employees or contractors, whether the active or passive negligence of every nature Landlord was or is a contributing factor; (b) any default or breach of this Lease by Tenant; and kind whatsoever and (c) the failure of and from all liabilities Tenant or any other occupant to surrender possession of every nature and kind whatsoever the Premises upon the expiration or earlier termination of this Lease in connection accordance with the Demised Premises and provisions of this Lease, whether accruedeither due to failure of Tenant to timely perform its obligations for removal and repair of personal property or any other reason, actualwhich indemnity shall include without limitation any claims made by any succeeding Tenant founded upon such delay; provided, contingent however, that Tenant shall not be obligated to so indemnify Landlord or any of Landlord’s Affiliates from matters arising from or caused by the willful misconduct or gross negligence of Landlord or any of Landlord’s Affiliates each acting within the scope of their authority on behalf of Landlord. Payment of any sum by Landlord shall not be a condition precedent to Tenant’s obligations hereunder. If Tenant is required to defend Landlord, then Landlord shall be entitled to select its own defense counsel and Tenant shall pay on behalf of, or to, Landlord all defense expenses incurred by, Landlord including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal reasonable attorneys fees and disbursements incurred in connection with any appealexpenses, pertaining in any manner to this Lease fees of experts and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs accountants and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingcourt costs.

Tenant’s Indemnity. Other than in respect Landlord acquired the Premises solely for the purpose of leasing it to Tenant for the purposes described herein, with the understanding that Landlord will not incur any cost, expense, or liability arising out of or related to its ownership of the Excluded LiabilityPremises. Accordingly, to the fullest extent permitted by law, but in accordance with, and subject to, the limitation of NRS 41.0305 to NRS 41.039, inclusive, Tenant shall indemnify indemnify, defend, and save hold harmless the Landlord from and against any and all liabilities, claims, demands, damages, expenses (including, but not limited to, any and all reasonable attorney’s fees and expenses of Landlord), fees, fines, penalties, suits, proceedings, actions and causes of action of any and every kind and nature arising from any breach of the Lease by Tenant and any property damage, loss, destruction, personal or bodily injury, or death (a “Landlord Claim”) resulting from (a) Tenant’s use, occupancy, improvement, management or control of the Premises or any portion thereof; (b) Tenant’s work, activity, condition or occurrence in or about the Premises; (c) any negligent act or omission of Tenant, or any of Tenant’s agents, employees, representatives or independent contractors; (d) arising out of Landlord’s acquisition and ownership of the Premises; (e) failure to bring and keep the Premises in full compliance with all applicable laws, rules and regulations, including without limitation all Environmental Laws and the ADA, and (f) arising out of events triggering forfeiture, termination, or reversion of Landlord’s interest in the Premises; provided, however, that Tenant shall have no obligation to indemnify Landlord to the extent a Landlord Claim arose from the negligent or willful act or omission of Landlord. Notwithstanding that this paragraph is written in the form of an agreement to indemnify, Tenant’s liability to indemnify Landlord under this Section is based on the underlying acts or omissions described above and is limited by applicable provision of law, including NRS 41.0305 to 41.039, inclusive. Tenant does not waive and will assert the defense of sovereign immunity in all appropriate cases . If the payment of any of the costs, expenses, claimsand liabilities set forth in this paragraph are subject to the sovereign immunity limitations set forth in NRS Chapter 41 or indemnification limitations in NRS Chapter 333, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability:and (1) such expenses are not covered by any breachpolicy of insurance required under this Lease, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; and (2) Tenant does not otherwise pay all legal fees and disbursements incurred such amounts in connection with any appealexcess of those limits, pertaining in any manner then Landlord shall have the right to this terminate the Lease and the Demised Premises; (3) any damage pursuant to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry Section 19 of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect of To the Excluded Liabilityfullest extent permitted by law, the Tenant shall indemnify defend, indemnify, protect, save and save bold harmless the Landlord from Landlord, its agents, and any and all costsaffiliates of Landlord, expensesincluding, without limitation, any corporations or other entities controlling, controlled by or under common control with Landlord, from and against any and all claims, actions and losses demands, actions, losses, liabilities, costs or expenses arising either before or after the Commencement Date from Tenant's use or occupancy of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this LeasePremises, whether accruedor the Building, actual, contingent including, without limitation, the following but for certaintyuse by Tenant, excluding the Excluded Liability: (1) any breachits agents, violation employees, invitees or non-performance licensees of any covenantrecreational facilities within the Premises; the conduct of Tenant's business; any activity, obligation work, or agreement in this Lease on the part of the thing done, permitted or suffered by Tenant to be fulfilledor its agents, keptemployees, observed invitees or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring licensees in or about the Demised Premises, unless caused by or the negligence Building; any Event of Default in the Landlord performance of any obligation on Tenant's part to be performed under this Lease; or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default act or negligence of the Tenant or those for whom the its agents, employees, visitors, patrons, guests, invitees or licensees. Landlord may, at its option, require Tenant is to assume Landlord's defense in law responsible; (6) all costs and expenses of every kind and nature relating any claim, action or proceeding covered by this Section through counsel satisfactory to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality The provisions of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless this Section shall expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the expiration or sooner termination or expiry of this Lease. Tenant's obligations under this Section shall not apply in the event that the claim, any provisions in this Lease to demand, action, loss, liability, cost or expense is caused solely by the contrary notwithstanding.active negligence or willful misconduct of Landlord. ThermoGenesis Holdings Inc. Lease

Tenant’s Indemnity. Other than in respect of the Excluded Liability, the Tenant shall indemnify indemnify, protect, defend, and save hold Landlord and Landlord’s officers, directors, employees and agents (collectively, “representatives”) harmless the Landlord from and against any and all claims, actions, demands, proceedings, losses, damages, costs of any kind or character (including reasonable attorneys’ fees and court costs), expenses, claimsliabilities, actions and losses judgments, fines, penalties, or interest (collectively, “Losses”), arising from or out of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part Tenant’s use of the Premises, or from the conduct of Tenant’s business or from any activity, work or things done, permitted or suffered by Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised PremisesPremises or elsewhere in the Project. Tenant shall also indemnify, unless caused by the negligence of the protect, defend, and hold Landlord or those for whom the Landlord is in law responsible; (4) and Landlord’s representatives harmless from and against any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises and all Losses arising from any breach or occasioned by default in the act, default or negligence performance of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease any obligation on Tenant’s part to be performed under the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry terms of this Lease, or arising from any provisions act or omission of Tenant, or any of Tenant’s agents, contractors, or employees, and from and against all costs, attorneys’ fees, expenses and liabilities reasonably incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord or any of Landlord’s representatives by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord and Landlord shall cooperate with Tenant in such defense. Neither termination of this Lease nor completion of the acts to be performed under this Lease shall release Tenant from its obligations to defend or indemnify Landlord as required hereunder so long as the event upon which any such Loss is predicated shall have occurred prior to the contrary notwithstandingeffective date of any such termination or completion.

Tenant’s Indemnity. Other than Notwithstanding (i) the limits of Tenant's insurance specified in respect of the Excluded LiabilitySection 20.1 hereof and (ii) whether Tenant's insurance shall be in full force and effect, the Tenant shall indemnify indemnify, defend and save hold Landlord and the Condominium Association (if applicable) harmless the Landlord from any and all costs, expenses, penalties, claims, actions demands and losses liabilities ("CLAIMS") arising from Tenant's use of every nature the Property or the conduct of its business or from any activity, work, or thing done by Tenant in or about the Premises. Tenant shall further indemnify, defend and kind whatsoever hold Landlord and the Condominium Association (if applicable) harmless from all Claims arising from any Default, or arising from any act, neglect, fault or omission of Tenant or of its agents, employees or licensees in the Premises, or arising from any act, neglect, fault or omission of Tenant's invitees in the Premises, and from and against all costs, attorneys' fees, expenses and liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with such Claim or any appealaction or proceeding brought thereon, pertaining in but this indemnity shall not extend to Claims to the extent resulting from negligent acts or omissions or willful misconduct of Landlord or the Condominium Association, as applicable, their respective employees, agents, licensees or invitees, to consequential or punitive damages or to Claims that are as applicable covered by property insurance carried by Landlord or the Condominium Association or required to be carried by Landlord hereunder. In case any manner action or proceeding shall be brought against Landlord and/or the Condominium Association, as applicable, by reason of any such Claim, Tenant, upon notice from Landlord and/or the Condominium Association, as applicable, shall defend the same at Tenant's expense by counsel approved by Landlord and/or the Condominium Association, as applicable. Tenant, as a material part of the consideration to this Lease and the Demised Premises; (3) any Landlord, hereby assumes all risk of damage to propertyproperty or injury to persons in, either real or personal, owned by the Landlord or others resulting at any time upon or occurring about the Property from any cause whatsoever, except that for which Landlord may be liable pursuant to the indemnity contained in Section 19.2 hereof. Landlord's Indemnity. Landlord shall indemnify, defend and hold Tenant harmless from any and all Claims arising from any activity, work, or thing done by Landlord in or about the Demised Premises, unless caused by the negligence Development (exclusive of the Premises). Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or personsshall further indemnify, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises defend and hold Tenant harmless from all Claims arising from any breach or occasioned default in the performance of any obligation to be performed by Landlord under the act, default or negligence terms of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease arising from any act, neglect, fault or omission of Landlord or of its licensees, invitees, agents or employees within the Development (exclusive of the Premises) (provided, however, it is agreed that tenants or other occupants of the Development and their respective licensees, invitees, agents or employees shall not be deemed to be the responsibility of the Landlord. Without limiting the generality of the foregoing's licensees, the Tenant is invitees, agents or employees) and from and against all costs, attorneys' fees, expenses and liabilities incurred in connection with such Claims or any action or proceeding brought thereon, but this indemnity shall not responsible for any costs incurred by the Landlord with respect extend to Claims to the preparation and/or review extent resulting from the negligent acts or omissions or willful misconduct of such documentation Tenant, its employees, agents or licensees, to consequential or punitive damages or to Claims that are covered by property insurance carried by Tenant or required by the Landlord to give effect to the Demised Premises, unless expressly stated to be carried by Tenant hereunder. In case any action or proceeding shall be brought against Tenant by reason of any such Claims, Landlord, upon notice from Tenant, shall defend the responsibility of the same at Landlord's expense by counsel approved by Tenant; and (7) it being agreed that Battle Fowlxx XXX and/or counsel designated by Landxxxx'x xnsurer are acceptable to Tenant for such purpose. No Release of Insurers. Tenant's and Landxxxx'x xndemnification obligations under Sections 19.1 and 19.2 hereof are not intended to and shall not relieve any appeal insurance carrier of an assessment of Taxes made its obligations under policies carried by the Landlord or Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from and such appeal being successful. This section indemnification obligations shall survive the expiration or earlier termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect of To the Excluded Liabilityfullest extent permitted by law, the but subject to Section 10.4 below, Tenant shall defend, indemnify and save hold harmless the Landlord and Landlord’s agents, employees, lenders, and affiliates, from and against any and all costs, expensesnegligence, claims, actions liabilities, damages, costs or expenses including attorney’s fees and losses costs (collectively, “Costs”) arising either before or after the Commencement Date which arise from or related to or are caused by Tenant’s use or occupancy of every nature and kind whatsoever and the Premises, the Building or the Common Areas of and the Project, or from all liabilities the conduct of every nature and kind whatsoever Tenant’s business, or from any activity, work, or thing done, permitted or suffered by Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees in connection with or about the Demised Premises and Premises, the Building or the Common Areas of the Project, or from any Default in the performance of any obligation on Tenant’s part to be performed under this Lease, whether accruedor from any act, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation omission or non-performance of any covenant, obligation or agreement in this Lease negligence on the part of the Tenant or Tenant’s agents, employees, subtenants, vendors, contractors, invitees or licensees. Landlord may, at its option, require Tenant to be fulfilled, kept, observed or performed; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining assume Landlord’s defense in any manner action covered by this Section 10.2 through counsel reasonably satisfactory to this Lease and Landlord. Notwithstanding the Demised Premises; (3) foregoing, Tenant shall not be obligated to indemnify Landlord against any damage liability or expense to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about extent it is ultimately determined that the Demised Premises, unless same was caused by the sole negligence or willful misconduct of Landlord, its agents, contractors or employees. Tenant shall in all cases accept any tender of defense of any action or proceeding in which Landlord is named or made a party, within 14 days of the tender and shall, notwithstanding any allegations of sole negligence or willful misconduct on the part of Landlord, defend Landlord as provided herein until a final determination of sole negligence or willful misconduct is made. Costs shall also include all of Landlord’s attorneys’ fees, litigation costs, investigation costs and court costs and all other costs, expenses and liabilities incurred by Landlord or those its counsel from the date Landlord first receives Notice that any claim or demand is to be made or may be made. Tenant shall also tender the action or proceeding to its insurer, and request coverage for whom the its indemnity obligations to Landlord. For purposes of this Section 10.2, (a) “Landlord” includes Landlord is in law responsible; and Landlord’s directors, officers, shareholders, members, agents and employees, and (4b) any personal or bodily injury to any person or persons“Tenant” includes Tenant and its directors, including deathofficers, resulting at any time upon or occurring in or about the Demised Premisesshareholders, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contractmembers, lienagents, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs contractors and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded employees. Tenant’s obligations under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section Section 10.2 shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect Subject to Section 11(c), and excluding the gross negligence and willful misconduct of the Excluded Liabilityany Landlord Party, the Tenant shall indemnify indemnify, defend and save hold harmless Landlord and the Landlord Indemnitees from any and against all claims, demands, liabilities, causes of action, suits, judgments, damages, and expenses (including attorneys’ fees) and all costs, expenses, claims, actions losses and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: damages arising from: (1) any breach, violation injury to or non-performance death of any covenantperson or the damage to or theft, obligation destruction, loss, or agreement in this Lease loss of use of any property or inconvenience (a “Loss”) arising from any occurrence on the part Premises, the use of the Common Areas by any Tenant to be fulfilledParty, keptor arising out of the installation, observed operation, maintenance, repair or performed; removal of any of Tenant’s Off-Premises Equipment by any Tenant Party; or (2) all legal fees Tenant’s failure to perform its obligations under this Lease, subject to any applicable notice and disbursements incurred cure period, IN EACH CASE EVEN THOUGH CAUSED OR ALLEGED TO BE CAUSED BY THE NEGLIGENCE OR FAULT OF LANDLORD OR ITS AGENTS (OTHER THAN A LOSS ARISING FROM THE SOLE OR GROSS NEGLIGENCE OF LANDLORD OR ITS AGENTS), AND EVEN THOUGH ANY SUCH CLAIM, CAUSE OF ACTION, OR SUIT IS BASED UPON OR ALLEGED TO BE BASED UPON THE STRICT LIABILITY OF LANDLORD OR ITS AGENTS. The indemnities set forth in connection with any appealthis Section 11(d) shall survive termination or expiration of this Lease and shall not terminate or be waived, pertaining diminished or affected in any manner to this Lease and the Demised Premises; (3) by any damage to property, either real abatement or personal, owned by the Landlord or others resulting at apportionment of Rent under any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry provision of this Lease. If any proceeding is filed for which indemnity is required hereunder, any provisions Tenant agrees, upon request therefor, to defend Landlord in this Lease such proceeding at its sole cost utilizing counsel satisfactory to the contrary notwithstandingLandlord in its sole but reasonable discretion.

Tenant’s Indemnity. Other than in respect of the Excluded Liability, the Tenant shall indemnify indemnify, defend and save hold harmless the Landlord Landlord, its partners and its and their respective successors, assigns, partners, directors, officers, shareholders, employees, agents, lenders, ground lessors and attorneys from and against any and all costsClaims incurred by such indemnified persons, expensesor any of them, claims, actions and losses of every nature and kind whatsoever and of and from all liabilities of every nature and kind whatsoever in connection with or as the Demised result of: (a) the presence, Use or disposal of any Hazardous Materials in or about the Premises or Project due to Tenant or its Agents; (b) any injury to or death of persons or damage to or destruction of property resulting from the presence, Use or disposal of any Hazardous Materials in or about the Premises or Project due to Tenant or its Agents; (c) any violation by Tenant or its Agents of any Hazardous Materials Laws; and (d) any failure of Tenant or its Agents to observe the provisions of this Lease, whether accrued, actual, contingent includingSection 18.6. Tenant's obligations hereunder shall include, without limitation, the following but for certaintyand whether foreseeable or unforeseeable, excluding the Excluded Liability: (1) any breach, violation or non-performance all costs of any covenantrequired or necessary testing, obligation investigation, studies, reports, repair, clean-up, detoxification or agreement in this Lease on the part decontamination of the Tenant to be fulfilledPremises or Project, keptand the preparation and implementation of any closure, observed removal, remedial action or performed; (2) all legal fees and disbursements incurred other required plans in connection with therewith, and shall survive the expiration or earlier termination of the Term. For purposes of this indemnification provision, any appealacts or omissions of Tenant and its Agents (regardless of whether they are negligent, pertaining in any manner intentional, willful, or unlawful) shall be strictly attributable to this Lease and the Demised Premises; (3) any damage to propertyTenant. If, either real or personal, owned by the Landlord or others resulting at any time upon after the initiation of any suit, action, investigation or occurring in or about the Demised Premises, unless caused by the negligence other proceeding which could create a right of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded indemnification under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoingSection 18.6, the Tenant is not responsible for complying with the provisions of Section 18.4, then Landlord may, without prejudicing, limiting, releasing or waiving the right of indemnification provided herein, separately defend or retain separate counsel to represent and control the defense as to Landlord's interest in such suit, action, investigation or other proceeding. Tenant shall pay all reasonable costs of Landlord's separate defense or counsel upon demand. Tenant’s obligations under this Section 18 shall not apply to any costs incurred by Hazardous Materials which exist on the Landlord with respect to Premises or the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility Project as of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry date of this Lease, any provisions in this Lease to the contrary notwithstanding.

Tenant’s Indemnity. Other than in respect of the Excluded Liability, the Tenant shall protect, defend, indemnify and save hold Landlord, its partners, shareholders, officers, directors, trustees, employees, agents, authorized representatives and contractors (collectively, "Landlord's Affiliates") harmless the Landlord from and against any and all costs, expenses, claims, demands, judgments, loss, cost, expense, liability, damage or injury to property or persons, resulting from or occurring by reason of: (a) the use, occupancy or nonoccupancy of the Premises or by the actions or inactions, whether or not negligent of Tenant and/or any subtenant, and losses their agents, officers, employees, contractors, customers, invitees, or licensees whether the active or passive negligence of every nature Landlord was or is a contributing factor; (b) any default or breach of this Lease by Tenant; and kind whatsoever and (c) the failure of and from all liabilities Tenant or any other occupant to surrender possession of every nature and kind whatsoever the Premises upon the expiration or earlier termination of this Lease in connection accordance with the Demised Premises and provisions of this Lease, whether accruedeither due to failure of Tenant to timely perform its obligations for removal and repair of personal property or any other reason, actualwhich indemnity shall include without limitation any claims made by any succeeding Tenant founded upon such delay; provided, contingent however, that Tenant shall not be obligated to so indemnify Landlord or any of Landlord's Affiliates from matters arising from or caused by the sole willful misconduct or gross negligence of Landlord or any of Landlord's Affiliates each acting within the scope of their authority on behalf of Landlord. Payment of any sum by Landlord shall not be a condition precedent to Tenant's obligations hereunder. If Tenant is required to defend Landlord, then Landlord shall be entitled to select its own defense counsel and Tenant shall pay on behalf of, or to, Landlord all defense expenses incurred by, Landlord including, without limitation, the following but for certainty, excluding the Excluded Liability: (1) any breach, violation or non-performance of any covenant, obligation or agreement in this Lease on the part of the Tenant to be fulfilled, kept, observed or performed; (2) all legal reasonable attorneys fees and disbursements incurred in connection with any appealexpenses, pertaining in any manner to this Lease fees of experts and the Demised Premises; (3) any damage to property, either real or personal, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs accountants and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingcourt costs.

Tenant’s Indemnity. Other than To the maximum extent permitted by law, but subject to the limitations in respect Section 16.24 hereof, and to the extent not resulting from any act, omission, negligence or willful misconduct of the Excluded LiabilityLandlord Parties (as hereinafter defined), the Tenant shall Xxxxxx agrees to indemnify and save harmless the Landlord Parties from any and against all costs, expenses, claims, actions and losses claims by third parties of every whatever nature and kind whatsoever and of and to the extent arising from all liabilities of every nature and kind whatsoever in connection with the Demised Premises and this Lease, whether accrued, actual, contingent including, without limitation, the following but for certainty, excluding the Excluded Liability: or claimed to have arisen from (1i) any breachact, violation omission or non-performance of any covenant, obligation or agreement in this Lease on the part negligence of the Tenant to be fulfilledParties (as hereinafter defined) occurring in the Premises, kept, observed the Building or performed; the Complex; (2) all legal fees and disbursements incurred in connection with any appeal, pertaining in any manner to this Lease and the Demised Premises; (3ii) any accident, injury or damage whatsoever caused to propertyany person, either real or personalto the property of any person, owned by the Landlord or others resulting at any time upon or occurring in or about the Demised PremisesPremises from the earlier of (A) the date on which any Tenant Party first enters the Premises in accordance with the provisions of Exhibit B-1 attached hereto or (B) the Commencement Date, unless caused and thereafter throughout and until the end of the Lease Term, and after the end of the Lease Term for so long after the end of the Lease Term as Tenant or anyone acting by, through or under Tenant is in occupancy of the Premises or any portion thereof; (iii) any accident, injury or damage whatsoever occurring outside the Premises but within the Building or the Complex, where such accident, injury or damage results, or is claimed to have resulted, from any act, omission or negligence on the part of any of the Tenant Parties; or (iv) any breach of this Lease by Tenant (but only to the negligence extent a specific remedy for such breach is not otherwise provided for pursuant to the terms of this Lease); provided, however, that in no event shall Tenant be liable for any indirect or consequential damages except (1) as provided in Section 16.18 below and (2) in connection with Tenant’s use of Hazardous Materials in its business operations. This indemnification shall not be construed to deny or reduce any other rights or obligations of indemnity that any of the Landlord or those for whom the Landlord is in law responsible; (4) any personal or bodily injury to any person or persons, including death, resulting at any time upon or occurring in or about the Demised Premises, unless caused by the negligence of the Landlord or those for whom the Landlord is in law responsible; (5) any contract, lien, mortgage, charge or encumbrance on or in respect of the Demised Premises arising from or occasioned by the act, default or negligence of the Tenant or those for whom the Tenant is in law responsible; (6) all costs and expenses of every kind and nature relating to the Demised Premises, unless expressly excluded Parties may have under this Lease or unless expressly stated in this Lease to be the responsibility of the Landlord. Without limiting the generality of the foregoing, the Tenant is not responsible for any costs incurred by the Landlord with respect to the preparation and/or review of such documentation required by the Landlord to give effect to the Demised Premises, unless expressly stated to be the responsibility of the Tenant; and (7) any appeal of an assessment of Taxes made by the Tenant, excluding any financial loss of the Landlord due to a reduction in the amount of Taxes payable by the Tenant resulting from such appeal being successful. This section shall survive the termination or expiry of this Lease, any provisions in this Lease to the contrary notwithstandingcommon law.