Common use of Tenant's Personal Property; Indemnity Clause in Contracts

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all of Tenant's personal property in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except to the extent caused by the negligence of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, attorneys' fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all of Tenant's All personal property now or hereafter placed or installed in the Demised Premises by Tenant or any other occupant of the Premises or any part thereof, whether owned or leased ("Trade Fixtures") shall be and remain Tenant's or such other occupants' property at Tenant's or such other occupants' sole risk. Landlord, its agents, employees and contractors, Landlord shall not be liable for, for and Tenant hereby releases Landlord from, from any and all liability for theft thereof or any damage thereto occasioned except for damage caused by any act of God the willful misconduct or by any acts, omissions or gross negligence of any persons. Landlord, Landlord or its agents, employees employees, contractors or servants, from which liability Landlord is not hereby released. Tenant and contractorssuch other occupants shall have the right to install in the Premises additional Trade Fixtures required by them or used by them in their business or otherwise desired by them and otherwise in accordance with applicable law and lease (or sublease) restrictions, and to remove any and all Trade Fixtures upon expiration or termination of this Lease; provided, however, that Tenant shall not be liable for repair and restore any damage or injury to the person Premises (to the condition in which the Premises existed prior to such installation, whether prior to, contemporaneous with or property subsequent to the date of Tenant or other persons in or about this Lease, ordinary wear and tear excepted, subject to Tenant's obligation to provide such ongoing maintenance of the Demised Premises, Tenant expressly agreeing to indemnify including repairs as necessary of items suffering from ordinary wear and save Landlordtear, its agentswhich will maintain the Premises and improvements in the foregoing first class order, employees condition and contractors, harmless, in all such cases, except to the extent repair) caused by the negligence installation and/or removal of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, attorneys' fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibilityTrade Fixtures.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's ’s personal property in the Demised Premises shall be and remain at Tenant's ’s sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except except, in the case of personal injury only, to the extent caused by the negligence of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, attorneys' ’ fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's personal property in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons, other than Landlord. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except to the extent caused by the negligence of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, attorneys' fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's ’s personal property in the Demised Premises shall be and remain at Tenant's ’s sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons, other than Landlord. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except to the extent caused by the negligence or misconduct of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, reasonable attorneys' ’ fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence or misconduct of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's personal property in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, Landlord shall not be liable for, for and Tenant hereby releases Landlord from, from any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions acts or negligence of any third persons. Landlord, its agents, employees and contractors, shall not be liable for or any injury to the person or property act of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such casesGod, except to the extent caused by the acts or negligence of Landlord, its agents, employees and contractors, or a failure of Landlord to perform its obligations under this Lease. Tenant further shall have the right at any time during the Term to remove any and all personal property of Tenant from the Demised Premises. Each party hereby agrees to indemnify indemnify, defend, protect and reimburse Landlord for hold the other party harmless from and against any costs or and all losses, costs, liabilities, damages and expenses, including, without limitationbut not limited to, attorneys' feespenalties, fines, reasonable attorney's fees and costs actually incurred, but specifically excluding consequential and indirect damages (collectively,"Claims"), to the extent such Claims (i) are caused or result from the activities (including the negligence or willful conduct) of the indemnifying party or its respective agents, contractors or employees in or on the Demised Premises, Building or Land, and (ii) are not insured (or required to be insured) by the indemnified party pursuant to the provisions of this Lease; provided, however, that Landlord reasonably may incur in investigating, handling or litigating the foregoing indemnity shall not extend to any such claim against Landlord by a third person, unless such claim arose Claims to the extent resulting from the negligence or willful misconduct of Landlordthe indemnified party. The foregoing mutual indemnity is intended to be consistent with the waivers as set forth in Section 8(e) of this Lease, pursuant to which (A) each party has waived its agentsrespective rights against the other party to the extent any losses, employees damages or contractorsother Claims are insured or required to be insured under property damage policies by such party pursuant to the provisions of this Lease, and (B) has agreed to cause such party's respective insurance carrier to include a waiver of subrogation (to the extent obtainable) in their respective property damage insurance policies. The foregoing indemnities, and the waivers set forth in Section 8, are not intended to and shall not relieve any insurance carrier of its obligations to provide insurance coverage pursuant to insurance policies obtained pursuant to the provisions of this Lease. The provisions of this Section 11 12 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibilityLease.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's personal property in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except except, in the case of personal injury only, to the extent caused by the negligence of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, attorneys' fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's ’s personal property in the Demised Premises shall be and remain at Tenant's ’s sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence or wanton or willful misconduct of any personspersons other than the negligence of Landlord, its agents, employees or contractors. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, . Tenant expressly agreeing agrees to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except to the extent caused by the negligence or wanton or willful misconduct of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, attorneys' fees, reasonable attorney’s fees that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence or wanton or willful misconduct of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's personal property ------------------------------------- in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons. LandlordLandlord and Tenant each hereby agrees to indemnify, defend, protect and hold the other party harmless from and against any and all losses, costs, liabilities, damages and expenses, including, but not limited to, penalties, fines, reasonable attorney's fees and costs actually incurred, but specifically excluding consequential and indirect damages (collectively, "Claims"), to the extent such Claims (i) are caused or result from the activities (including the negligence or willfulness conduct) of the indemnifying party or its respective agents, contractors or employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about on the Demised Premises, Tenant expressly agreeing Building or Land, and (ii) are not insured (or required to indemnify and save Landlordbe insured) by the indemnified party pursuant to the provisions of this Lease; provided, its agentshowever, employees and contractors, harmless, in all such cases, except that the foregoing indemnity shall not extend to any Claims to the extent caused by the negligence of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, attorneys' fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose resulting from the negligence or willful misconduct of Landlordthe indemnified party. The foregoing mutual indemnity is intended to be consistent with the waivers as set forth in Section 8(e) of this Lease, pursuant to which (A) each party has waived its agentsrespective rights against the other party to the extent any losses, employees damages or contractorsother Claims are insured or required to be insured under property damage policies by such party pursuant to the provisions of this Lease, and (B) has agreed to cause such party's respective insurance carrier to include a waiver of subrogation (to the extent obtainable) in their respective property damage insurance policies. The foregoing indemnities, and the waivers set forth in Section 8(e), are not intended to and shall not relieve any insurance carrier of its obligations to provide insurance coverage pursuant to insurance policies obtained pursuant to the provisions of this Lease. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibilityLease.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's personal property in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons, except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees and contractors. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, reasonable attorneys' fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence or willful misconduct of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's ’s personal property in the Demised Premises shall be and remain at Tenant's ’s sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons, except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees and contractors. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons the employees, agents, contractors or invitees of Tenant in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, attorneys' ’ fees, that Landlord reasonably may actually incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence or willful misconduct of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's personal property in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, Landlord shall not be liable for, for and Tenant hereby releases Landlord from, from any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions acts or negligence of any third persons. Landlord, its agents, employees and contractors, shall not be liable for or any injury to the person or property act of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such casesGod, except to the extent caused by the acts or negligence of Landlord, its agents, employees and contractors, or a failure of Landlord to perform its obligations under this Lease. Tenant further shall have the right at any time during the Term to remove any and all personal property of Tenant from the Demised Premises. Each party hereby agrees to indemnify indemnify, defend, protect and reimburse Landlord for hold the other party harmless from and against any costs or and all losses, costs, liabilities, damages and expenses, including, without limitationbut not limited to, attorneys' feespenalties, fines, reasonable attorney's fees and costs actually incurred, but specifically excluding consequential and indirect damages (collectively,"Claims"), to the extent such Claims (i) are caused or result from the activities (including the negligence or willful conduct) of the indemnifying party or its respective agents, contractors or employees in or on the Demised Premises, Building or Land, and (ii) are not insured (or required to be insured) by the indemnified party pursuant to the provisions of this Lease; provided, however, that Landlord reasonably may incur in investigating, handling or litigating the foregoing indemnity shall not extend to any such claim against Landlord by a third person, unless such claim arose Claims to the extent resulting from the negligence or willful misconduct of Landlordthe indemnified party. The foregoing mutual indemnity is intended to be consistent with the waivers as set forth in Section 8 (e) of this Lease, pursuant to which (A) each party has waived its agentsrespective rights against the other party to the extent any losses, employees damages or contractorsother Claims are insured or required to be insured under property damage policies by such party pursuant to the provisions of this Lease, and (B) has agreed to cause such party's respective insurance carrier to include a waiver of subrogation (to the extent obtainable) in their respective property damage insurance policies. The foregoing indemnities, and the waivers set forth in Section 8, are not intended to and shall not relieve any insurance carrier of its obligations to provide insurance coverage pursuant to insurance policies obtained pursuant to the provisions of this Lease. The provisions of this Section 11 12 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibilityLease.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's ’s personal property in the Demised Premises shall be and remain at Tenant's ’s sole risk. Landlord, its agents, employees and employees, contractors, affiliates, directors, officers, members, shareholders and partners (collectively, the “Landlord Parties”) shall not be liable for, and Tenant hereby releases the Landlord Parties from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons. Landlord, its agents, employees and contractors, The Landlord Parties shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, the Landlord Parties harmless, in all such cases, except except, in the case of personal injury only, to the extent caused by the negligence of Landlord, its agents, employees and contractorsthe Landlord Parties. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, attorneys' ’ fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against the Landlord Parties by a third person, unless such claim arose from the negligence of Landlord, its agents, employees or contractorsthe Landlord Parties. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating will give to Tenant written notice of any claim actually known to Landlord which is within the act or negligence scope of Landlord, costs the indemnity by Tenant in this Section 11; such written notice will be given with reasonable promptness after Landlord acquires actual knowledge of which shall be Landlord's responsibilitythe claim.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's personal property in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except except, in the case of personal injury only, to the extent caused by the negligence of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, reasonable attorneys' fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's personal ------------------------------------- property in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, Landlord shall not be liable for, for and Tenant hereby releases Landlord from, from any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions acts or negligence of any third persons. , or any act of God, except to the extent caused by the acts or negligence of Landlord, its agents, employees and contractors. As to personal injury or property damage (including personal property of Tenant), Landlord shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, . Tenant expressly agreeing agrees to indemnify indemnify, defend and save hold Landlord, its agentsofficers, directors, partners, affiliates, employees and contractorsauthorized agents harmless for any liabilities, harmlessclaims or damages (including reasonable attorney's fees, costs and expenses) in all such cases, except to the extent caused any such liabilities, claims or damages arise out of acts or omissions of Landlord or Landlord's officers, directors, partners, affiliates, employees or authorized agents constituting negligence, willful misconduct or breach of this Lease. Except to the extent covered by the negligence of Landlordinsurance carried by Tenant or required to be carried by Tenant hereunder, Landlord shall indemnify, defend and hold Tenant, its agentsofficers, directors, partners, affiliates, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for authorized agents harmless from any costs liabilities, claims or expenses, including, without limitation, attorneys' damages (including reasonable attorney's fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim costs and expenses) against Landlord Tenant brought by a third personparty arising out of such acts or omissions of Landlord or Landlord's officers, unless such claim arose from the negligence of Landlorddirectors, its agentspartners, affiliates, employees or contractorsauthorized agents. The provisions of this Section 11 12 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury injury, or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's personal ------------------------------------- property in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons, other than Landlord. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, reasonable attorneys' fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence or willful misconduct of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all of Tenant's personal property in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except to the extent caused by the negligence of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, attorneys' fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility. 12. Tenant's Fixtures. Tenant shall have the right to install in the Demised Premises trade fixtures required by Tenant or used by it in its business, and if installed by Tenant, to remove any or all such trade fixtures from time to time during and upon termination or expiration of this Lease, provided no Event of Default, as defined Section 22, then exists; provided, however, that Tenant shall repair and restore any damage or injury to the Demised Premises (to the condition in which the Demised Premises existed prior to such installation) caused by the installation and/or removal of any such trade fixtures. 13.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's personal property in the Demised Premises (including any portion of the Building Common Area enclosed by fencing installed by Tenant pursuant to Special Stipulation 12 of Exhibit C hereto) shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof of such personal property or any damage thereto to such personal property occasioned by any act of God or by any acts, omissions or negligence of any persons, other than to the extent occasioned by the negligence of Landlord or its agents, employees or contractors. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about within the Demised PremisesPremises (including any portion of the Building Common Area enclosed by fencing installed by Tenant pursuant to Special Stipulation 12 of Exhibit C hereto), Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except to the extent caused by the negligence of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, attorneys' fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence of Landlord, its agents, employees or contractors. Landlord agrees to indemnify and save Tenant harmless from and against any claims, actions, damages, losses, costs or expenses, including, without limitation, attorneys' fees, that Tenant reasonably may suffer or incur as a result of any injury to person or property in or about the Building Common Area (excluding any portion of the Building Common Area enclosed by fencing installed by Tenant pursuant to Special Stipulation 12 of Exhibit C hereto) resulting from the negligence or willful misconduct of Landlord or its employees or agents, except to the extent caused by the negligence or willful misconduct of Tenant or its agents, employees, invitees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating , and are in any event subject to the act or negligence provisions of Landlord, costs of which shall be Landlord's responsibilitySection 8(d) hereof.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's personal property in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons, except to the extent such damage is not covered by the insurance required to be carried by Tenant under this Lease AND caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except except, in the case of personal injury only, to the extent not covered by the insurance required to be carried by Tenant under this Lease AND caused by the negligence or willful misconduct of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, reasonable attorneys' fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose is not covered by the insurance required to be carried by Tenant under this Lease AND arose from the negligence or willful misconduct of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's personal property in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, Landlord shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions acts or negligence of any third persons, or any act of God, other than Landlord. LandlordAs to bodily injury or property damage (including personal property of Tenant), its agents, employees and contractors, Landlord shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, Landlord harmless in all such cases, except to the extent caused occasioned by the any negligence of Landlord, its agents, employees and or contractors. Tenant further agrees to indemnify and reimburse Landlord for any reasonable costs or expenses, including, including without limitation, reasonable attorneys' fees, that fees which Landlord may actually and reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person. Tenant shall have the option to defend Landlord with counsel selected by Tenant and reasonably acceptable to Landlord. Landlord agrees to indemnify and save Tenant harmless from any liability, unless such claim arose cost or expenses arising from the or occasioned by any negligence or willful misconduct of Landlord, its agents, employees or contractors. The provisions of this Section 11 12 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury injury, or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's personal property in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, Landlord shall not be liable for, for and Tenant hereby releases Landlord from, from any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions acts or negligence of any third persons. , or any act of God, except to the extent caused by the acts or negligence of Landlord, its agents, employees and contractors. As to personal injury or property damage (including personal property of Tenant), Landlord shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, Landlord harmless in all such cases, except to the extent caused occasioned by the any acts of negligence of Landlord, its agents, employees and or contractors. Tenant further agrees to indemnify and reimburse Landlord for any reasonable costs or expenses, including, including without limitation, limitation attorneys' fees, that which Landlord may actually and reasonably may incur in investigatinginvestigation, handling or litigating any such claim against Landlord by a third person, unless such claim arose from . Tenant shall have the negligence of option to defend Landlord with counsel selected by Tenant and reasonably acceptable to Landlord, its agents, employees or contractors. The provisions of this Section 11 12 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's ’s personal property in the Demised Premises shall be and remain at Tenant's ’s sole risk. Landlord, its agents, employees and contractors, shall not be Exhibit 10.40 liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons, except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees and contractors. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons the employees, agents, contractors or invitees of Tenant in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, attorneys' ’ fees, that Landlord reasonably may actually incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence or willful misconduct of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's personal ------------------------------------- property in the Demised Premises shall be and remain at Tenant's sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except except, in the case of personal injury only, to the extent caused by the negligence of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, attorneys' fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's ’s personal property in the Demised Premises shall be and remain at Tenant's ’s sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons. Landlord, its agents, employees and contractors, shall persons not be liable for any injury to under the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except to the extent caused by the negligence control of Landlord, its agents, employees and contractors. Tenant further Each party hereby agrees to indemnify indemnify, defend, protect and reimburse Landlord for hold the other party harmless from and against any costs or and all losses, costs, liabilities, damages and expenses, including, without limitationbut not limited to, attorneys' feespenalties, fines, reasonable attorney’s fees and costs actually incurred, but specifically excluding consequential and indirect damages (collectively, “Claims”), to the extent such Claims (i) are caused or result from the activities (including the negligence or willfulness conduct) of the indemnifying party or its respective agents, contractors or employees in or on the Demised Premises or Building Common Areas (as applicable), and (ii) are not insured (or required to be insured) by the indemnified party pursuant to the provisions of this Lease; provided, however, that Landlord reasonably may incur in investigating, handling or litigating the foregoing indemnity shall not extend to any such claim against Landlord by a third person, unless such claim arose Claims to the extent resulting from the negligence or willful misconduct of Landlordthe indemnified party. The foregoing mutual indemnity is intended to be consistent with the waivers as set forth in Section 8(d) of this Lease, pursuant to which (A) each party has waived its agentsrespective rights against the other party to the extent any losses, employees damages or contractorsother Claims are insured or required to be insured under property damage policies by such party pursuant to the provisions of this Lease or otherwise, and (B) has agreed to cause such party’s respective insurance carrier to include a waiver of subrogation (to the extent obtainable) in their respective property damage insurance policies. The foregoing indemnities, and the waivers set forth in Section 8(d) are not intended to and shall not relieve any insurance carrier of its obligations to provide insurance coverage pursuant to insurance policies obtained pursuant to the provisions of this Lease. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibilityLease.

Tenant's Personal Property; Indemnity. Except as otherwise set forth in this paragraph, all All of Tenant's ’s personal property in the Demised Premises shall be and remain at Tenant's ’s sole risk. Landlord, its agents, employees and contractors, shall not be liable for, and Tenant hereby releases Landlord from, any and all liability for theft thereof or any damage thereto occasioned by any act of God or by any acts, omissions or negligence of any persons, except to the extent caused by the negligence of Landlord, its agents, employees and contractors. Landlord, its agents, employees and contractors, shall not be liable for any injury to the person or property of Tenant or other persons in or about the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord, its agents, employees and contractors, harmless, in all such cases, except to the extent caused by the negligence of Landlord, its agents, employees and contractors. Tenant further agrees to indemnify and reimburse Landlord for any costs or expenses, including, without limitation, attorneys' ’ fees, that Landlord reasonably may incur in investigating, handling or litigating any such claim against Landlord by a third person, unless such claim arose from the negligence of Landlord, its agents, employees or contractors. The provisions of this Section 11 shall survive the expiration or earlier termination of this Lease with respect to any damage, injury or death occurring before such expiration or termination. The foregoing shall not release Landlord from liability relating to the act or negligence of Landlord, costs of which shall be Landlord's responsibility.