Common use of Waiver of Certain Claims Clause in Contracts

Waiver of Certain Claims. The Tenant, to the extent permitted by law, waives all claims it may have against the Landlord, and against the Landlord's agents and employees for damage to person or property sustained by the Tenant or by any occupant of the Premises, or by any other person, resulting from any part of the Property or any equipment or appurtenances becoming out of repair, or resulting from any accident in or about the Property or resulting directly or indirectly from any act or neglect of any Tenant or occupant of any part of the Property or of any other person, unless such damage is a result of the negligence or contributory negligence of Landlord, or Landlord's agents or employees. If any damage results from any act or neglect of the Tenant, the Landlord may, at the Landlord's option, repair such damage and the Tenant shall thereupon pay to the Landlord the total cost of such repair. All personal property belonging to the Tenant or any occupant of the Premises that is in or on any part of the Property shall be there at the risk of the Tenant or of such other person only, and the Landlord, its agents and employees shall not be liable for any damage thereto or for the theft or misappropriation thereof unless such damage, theft or misappropriation is a result of the negligence or contributory negligence of Landlord or Landlord's agents or employees. The Tenant agrees to hold the Landlord harmless and indemnified against claims and liability for injuries to all persons and for damage to or loss of property occurring in or about the property, due to any act of negligence or default under this lease by the Tenant, its contractors, agents or employees. To the extent that the Tenant carries hazard insurance on any of its property in the Premises and to the extent that the Landlord carries hazard insurance on the Property, each policy of insurance shall contain, if obtainable from the insurer selected by the Tenant or the Landlord, as the case may be, without additional expense, a provision waiving subrogation against the other party to this lease. If such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue if the other party, on notice shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other with respect to any liability which the other may have for any damage by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or policies of insurance containing such provision waiving subrogation.

Waiver of Certain Claims. The Tenant, to the extent permitted by law, waives all claims it may have against the Landlord, and against the Landlord's agents and employees for damage to person or property any and all damages sustained by the Tenant or by any occupant of the Premises, or by any other person, resulting from any part of the Property or any equipment or appurtenances becoming out of repair, or resulting from any accident in or about the Property or resulting directly or indirectly from any act or neglect of any Tenant tenant or occupant of any part of the Property or of any other person, unless such damage is a result of the gross negligence or contributory negligence willful misconduct of Landlord, or Landlord's agents or employees. If any damage results from any act or neglect of the Tenant, the Landlord may, at the Landlord's option, repair such damage and the Tenant shall thereupon pay to the Landlord the total cost of such repair. All personal property belonging to the Tenant or any occupant of the Premises that is in or on any part of the Property shall be there at the risk of the Tenant or of such other person only, and the Landlord, its agents agents, and employees shall not be liable for any damage thereto or for the theft or misappropriation thereof unless such damage, theft or misappropriation is a result of the negligence or contributory negligence of Landlord or Landlord's agents or employeesthereof. The Tenant agrees to defend, hold the Landlord harmless and indemnified against claims any and liability for injuries to all persons and for damage to claims, liability, losses, damages, causes of action, expenses, costs suffered or loss of property claimed by any person occurring in or about the propertyProperty, due to any conduct, act of negligence or default under this lease by the Tenant, its contractors, agents or employees. To the extent that the Tenant carries hazard insurance on any of its property in the Premises and to the extent that the Landlord carries hazard insurance on the Property, each policy of insurance shall contain, if obtainable from the insurer selected by the Tenant or the Landlord, as the case may be, without additional expense, a provision waiving subrogation against the other party to this lease. If such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue if the other party, on notice shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other with respect to any liability which the other may have for any damage by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or of policies of insurance containing such provision waiving subrogation.

Waiver of Certain Claims. The Tenant, to the extent permitted by law, Tenant waives all claims it may have against the Landlord and Landlord, and against the Landlord's ’s agents and employees for damage or injury to person or property sustained by the Tenant or any persons claiming through Tenant or by any occupant of the Leased Premises, or by any other person, resulting from any part of the Property Real Estate or any of its improvements, equipment or appurtenances becoming out of repair, or resulting from any accident in on or about the Property Real Estate or resulting directly or indirectly from any act or neglect of any Tenant tenant or occupant of any part of the Property Real Estate or of any other person, unless such excluding Landlord. This Section 13.2 shall include, but not by way of limitation, damage is a result of the negligence caused by water, snow, frost, steam, excessive heat or contributory negligence of Landlordcold sewage, gas, odors, or Landlord's agents noise, or employees. If caused by bursting or leaking of pipes or plumbing fixtures, and shall apply equally whether any such damage results from any the act or neglect of Tenant or of other tenants, or occupants or any part of the TenantReal Estate or of any other person, the Landlord mayexcluding Landlord, at the Landlord's option, repair and whether such damage and the Tenant shall thereupon pay be caused by or result from any thing or circumstance above-mentioned or referred to, or to the Landlord the total cost any other thing or circumstance whether of such repaira like nature or of a wholly different nature. All personal property belonging to the Tenant or any occupant of the Leased Premises that is in or on any part of the Property Real Estate shall be there at the risk of the Tenant or of such other person only, and the Landlord, its agents and employees Landlord shall not be liable for any damage thereto or for the theft or misappropriation thereof unless such damagethereof. Notwithstanding the foregoing, theft but subject to the terms of Section 6.2 (Mutual Waiver of Subrogation Rights), nothing contained herein shall be deemed to excuse Landlord from liability to the extent caused by or misappropriation is a result arising out of the negligence negligent acts or contributory negligence omissions or willful misconduct of Landlord or Landlord's agents or employees. The Tenant agrees to hold the Landlord harmless and indemnified against claims and liability for injuries to all persons and for damage to or loss of property occurring in or about the property, due to any act of negligence or default under this lease by the Tenant, its contractorsemployees, agents or employees. To the extent that the Tenant carries hazard insurance on any of its property in the Premises and to the extent that the Landlord carries hazard insurance on the Property, each policy of insurance shall contain, if obtainable from the insurer selected by the Tenant or the Landlord, as the case may be, without additional expense, a provision waiving subrogation against the other party to this lease. If such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue if the other party, on notice shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other with respect to any liability which the other may have for any damage by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or policies of insurance containing such provision waiving subrogationcontractors.

Waiver of Certain Claims. The Tenant, to the extent permitted by law, waives all claims it may have against the Landlord, and against the Landlord's agents ’s agents, employees and employees contractors for damage to person or property sustained by the Tenant or by any occupant of the Premises, or by any other person, resulting from any part of the Property or Corporate Wxxxx Common Areas or any equipment or appurtenances becoming out of repair, or resulting from any accident in or about the Property or Corporate Wxxxx Common Areas or resulting directly or indirectly from any act or neglect of any Tenant tenant or occupant of any part of the Property or Corporate Wxxxx Common Areas or of any other person, unless such damage is a result of except that this waiver shall not apply to damages for injuries to person or property caused by or resulting from the negligence or contributory negligence of Landlord, its agents, servants or Landlord's agents employees unless such loss is covered by insurance Tenant actually carries or employeesis required to carry under this Lease. This waiver shall include not only direct damages but also claims for consequential damages and any claims for abatement of Rent due hereunder, it being intended that this waiver be absolute. If any property damage results from any act or neglect of the Tenant, the Landlord may, may at the Landlord's ’s option, repair such damage and the Tenant shall thereupon pay to the Landlord so much of the total cost of such repair. All personal property belonging repair or replacement as is not covered or paid to Landlord under Landlord’s insurance policy, including the Tenant or amount of any occupant deductible, as well as so much of the Premises that is in or on any part of the Property shall be there at the risk of the Tenant or total cost of such other person only, and the Landlord, its agents and employees shall not be liable for repair as exceeds any damage thereto or for the theft or misappropriation thereof unless insurance proceeds Landlord receives in respect of such damage, theft or misappropriation is a result . Landlord will require Landlord’s insurer to waive right of the negligence or contributory negligence of Landlord or Landlord's agents or employeessubrogation against Tenant. The Tenant agrees to defend and hold the Landlord harmless and indemnified indemnify against claims each and every claim and liability for injuries to all any person or persons and for damage to or loss of personal property occurring in or about the propertyProperty or Corporate Wxxxx common Areas, due to any act of negligence or default under this lease Lease by the Tenant, Tenant its contractors, agents or employees. To the extent that the Tenant carries hazard insurance on any of its property in the Premises and to the extent that the Landlord carries hazard insurance on the Property, each policy of insurance shall contain, if obtainable from the insurer selected by the Tenant or the Landlord, as the case may be, without additional expense, a provision waiving subrogation against the other party to this lease. If such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue if the other party, on notice shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other with respect to any liability which the other may have for any damage by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or policies of insurance containing such provision waiving subrogation.

Waiver of Certain Claims. The Tenant, to the extent permitted by lawlaw and to the extent covered by insurance required to be maintained by Tenant herein, waives all claims it may have against the Landlord, and against the Landlord's ’s agents and employees for damage to person or property sustained by the Tenant or by any occupant of the Premises, or by any other person, resulting from any part of the Property or any equipment or appurtenances becoming out of repairrepair because of a breach of Tenant’s obligations under this Lease, or resulting from any accident in or about the Property or resulting directly or indirectly from any act or neglect of any Tenant tenant or occupant of any part of the Property Properly or of any other person, unless such damage is a result of the negligence or contributory negligence of Landlord, or Landlord's ’s agents or employees. If any damage results from any act or neglect of the Tenant, the Landlord may, at the Landlord's ’s option, repair such damage and the Tenant shall thereupon pay to the Landlord the total cost of such repair. All personal property belonging to the Tenant or any occupant of the Premises that is in or on any part of the Property Properly shall be there at the risk of the Tenant or of such other person only, and the Landlord, its agents and employees shall not be liable for any damage thereto or for the theft or misappropriation thereof unless such damage, theft or misappropriation is a result of the negligence or contributory negligence of Landlord or Landlord's ’s agents or employees. The Tenant agrees to hold the Landlord harmless and indemnified against claims and liability for injuries to all persons and for damage to or loss of property occurring in or about the propertyProperty, due to any act of negligence or default under this the lease by the Tenant, its contractors, agents or employees. Landlord shall defend, indemnify and hold harmless Tenant Entities from and against any and all Claims arising from or in connection with: (a) the conduct or management of the Property or of any business therein, or any work or thing whatsoever done, or any condition created (other than by Tenant) in or about the Property prior to the Commencement Date; (b) any act, omission or negligence of Landlord or its agents or employees; or (c) any accident, injury or damage whatever occurring in, at or upon the Property as a result of Landlord’s failure to perform its obligations under this Lease; except to the extent that any of the foregoing arise from the intentional and/or negligent acts or omissions of Tenant. To the extent that the Tenant carries hazard insurance on any of its property in the Premises and to the extent that the Landlord carries hazard insurance on of the Property, each policy of insurance shall contain, if obtainable from the insurer selected by the Tenant or the Landlord, as the case may be, without additional expense, a provision waiving subrogation against the other party to this lease. If such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue if the other party, on notice shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other to the extent of the limits of the insurance so carried with respect to any liability which the other may have for any damage by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or policies of insurance containing such provision waiving subrogation. All hazard insurance affecting the Premises and/or any property therein carried by either Landlord or Tenant shall, name the Landlord, the Tenant, and the holder of any first mortgage affecting the Premises as named insureds and as loss payees, as their respective interests may appear.

Waiver of Certain Claims. The Tenant, to 14.01 To the extent permitted not expressly prohibited by law, waives Tenant releases Landlord, its beneficiaries, and their respective agents, partners, officers, servants and employees, from, and waives, all claims it may have against the Landlord, and against the Landlord's agents and employees for damage damages to person or property sustained by the Tenant or by any occupant of the PremisesPremises or the Building, or by any other person, resulting directly or indirectly from fire or other casualty, cause or any existing or future condition, defect, matter or thing in the Premises, the Building or any part of the Property thereof, or from any equipment or appurtenances becoming out of repairappurtenance therein, or resulting from any accident in or about the Property Building, or resulting directly or indirectly from any act or neglect of any Tenant tenant or other occupant of any part of the Property Building or of any other person, unless such damage is a result of the negligence or contributory negligence of Landlord, or Landlord's agents or employees. If any damage results from any act or neglect of the Tenant, the Landlord may, at the Landlord's option, repair such damage and the Tenant shall thereupon pay to the Landlord the total cost of such repair. All personal property belonging to the Tenant or any occupant of the Premises that is in or on any part of the Property shall be there at the risk of the Tenant or of such other person only, and the Landlord, its agents and employees shall not be liable for any damage thereto or for the theft or misappropriation thereof unless such damage, theft or misappropriation is a result of the negligence or contributory negligence of than Landlord or Landlord's agents or employees. The its agents. 14.02 To the extent not expressly prohibited by law, Tenant agrees to hold the Landlord harmless and indemnified indemnify Landlord, all Mortgagees and all of their respective agents, beneficiaries, partners, officers, servants and employees, against claims and liability liabilities, including reasonable attorneys' fees, for injuries to all persons and for damage to or theft or misappropriation or loss of property occurring in or about the propertyPremises arising from Tenant's occupancy of the Premises or the conduct of its business, or from activity, work, or thing done, permitted or suffered by Tenant, its employees, agents, guests or invitees in or about the Premises, or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease or due to any other act or omission of negligence or default under this lease by the Tenant, its contractors, agents or employees. To Landlord may, at its option, repair such damage or replace such loss, and Tenant shall upon demand by Landlord reimburse Landlord for all costs of such repairs, replacement and damages in excess of amounts, if any, paid to Landlord under insurance covering such damages. In the extent that the Tenant carries hazard insurance on event any action or proceeding is brought against Landlord, any Mortgagee or any of its property their respective agents, beneficiaries, partners, officers, servants or employees by reason of any such claims, then, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. 14.03 If any damage to the Building or any equipment or appurtenance therein, whether belonging to Landlord or to other tenants in the Premises Building, results from any act or neglect of Tenant, its agents, employees, guests or invitees, Tenant shall be liable therefor and Landlord may, at Landlord's option, repair such damage, and Tenant shall, upon demand by Landlord, reimburse Landlord the total cost of such repairs and damages to the Building. If Landlord elects not to repair such damage, Tenant shall promptly repair such damages at its own cost and in accordance with the provisions of Section 9 as if such repair constituted Work under such Section. If Tenant occupies space in which there is exterior glass, then Tenant shall be responsible for the damage, breakage or repair of such glass, except to the extent that the Landlord carries hazard insurance on the Property, each policy of insurance shall containsuch loss or damage is recoverable under Landlord's insurance, if obtainable from the insurer selected by the Tenant or the Landlord, as the case may be, without additional expense, a provision waiving subrogation against the other party to this lease. If such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue if the other party, on notice shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other with respect to any liability which the other may have for any damage by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or policies of insurance containing such provision waiving subrogationany.

Waiver of Certain Claims. The TenantNotwithstanding anything in this Lease to the contrary, Landlord and Tenant each hereby waives any and all rights of recovery, claim, action, or cause of action against the other, its agents, employees, licensees, or invitees for any loss or damage to or at the Premises or the Complex or any personal property of such party therein or thereon by reason of fire, the elements, or any other cause which would be insured against under the terms of (i) special causes of loss form property insurance or (ii) the liability insurance referred to in Paragraph 17(b)(i) and Paragraph 18, to the extent permitted by lawof such insurance, waives all claims it may have against the Landlordregardless of cause or origin, and against the Landlord's agents and employees for damage to person or property sustained by the Tenant or by any occupant including omission of the Premisesother party hereto, its agents, employees, licensees, or by invitees. Landlord and Tenant covenant that no insurer under any other person, resulting from such policy shall hold any part right of the Property or any equipment or appurtenances becoming out of repair, or resulting from any accident in or about the Property or resulting directly or indirectly from any act or neglect of any Tenant or occupant of any part of the Property or of any other person, unless such damage is a result of the negligence or contributory negligence of Landlord, or Landlord's agents or employees. If any damage results from any act or neglect of the Tenant, the Landlord may, at the Landlord's option, repair such damage and the Tenant shall thereupon pay to the Landlord the total cost subrogation against either of such repairparties with respect thereto. All personal property belonging to the Tenant or any occupant of the Premises that is in or on any part of the Property This waiver shall be there at the risk of the Tenant or of such other person only, and the Landlord, its agents and employees shall not be liable for ineffective against any damage thereto or for the theft or misappropriation thereof unless such damage, theft or misappropriation is a result of the negligence or contributory negligence insurer of Landlord or Landlord's agents or employees. The Tenant agrees to hold the Landlord harmless and indemnified against claims and liability for injuries to all persons and for damage to or loss of property occurring in or about the property, due to any act of negligence or default under this lease by the Tenant, its contractors, agents or employees. To the extent that the Tenant carries hazard insurance on any of its property in the Premises and to the extent that such waiver is prohibited by the laws and insurance regulations of the State of California. The parties hereto agree that any and all such insurance policies required to be carried by either shall be endorsed with a subrogation clause, substantially as follows: "This insurance shall not be invalidated should the insured waive, in writing prior to a loss, any and all right of recovery against any party for loss occurring to the property described therein, " and shall provide that such party's insurer waives any right of recovery against the other party in connection with any such loss or damage. Landlord and Tenant hereby represent and warrant that their respective "all risk" property insurance policies include a waiver of (i) subrogation by the insurers, and (ii) all rights based upon an assignment from its insured, against Landlord and/or any of the Landlord carries hazard insurance on the Property, each policy Parties or Tenant and/or any of insurance shall contain, if obtainable from the insurer selected by the Tenant or the Landlord, Parties (as the case may be) in connection with any property loss risk thereby insured against. Tenant will cause all subtenants and licensees of the Premises claiming by, without additional expenseunder, or through Tenant to execute and deliver to Landlord a provision waiving waiver of claims similar to the waiver in this Paragraph 19 and to obtain such waiver of subrogation against rights endorsements and Landlord will similarly extend the provisions of this Paragraph 19 to any such subtenants or licensees who so comply. If either party hereto fails to maintain the waivers set forth in items (i) and (ii) above, the party not maintaining the requisite waivers shall indemnify, defend, protect, and hold harmless the other party to this lease. If for, from and against any and all claims, losses, costs, damages, expenses and liabilities (including, without limitation, court costs and reasonable attorneys’ fees) arising out of, resulting from, or relating to, such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue if the other party, on notice shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other with respect to any liability which the other may have for any damage by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or policies of insurance containing such provision waiving subrogationfailure.

Waiver of Certain Claims. The Tenant, to the extent permitted by law, waives all claims it may have against the Landlord, and against the Landlord's agents and employees for damage to person or property sustained by the Tenant or by any occupant of the Premises, Premises or by any other person, resulting from any part of the Property or any equipment or appurtenances becoming out of repair, or resulting from any accident in or about the Property or resulting directly or indirectly from any act or neglect of any Tenant tenant or occupant of any part of the Property or of any other person, unless such damage is a result of the negligence or contributory negligence of Landlord, or Landlord's agents or employees. If any damage results from any act or neglect of the Tenant, the Landlord may, at the Landlord's option, repair such damage and the Tenant shall thereupon pay to the Landlord the total cost of such repair. All personal property belonging to the Tenant or any occupant of the Premises that is in or on any part of the Property shall be there at the risk of the Tenant or of such other person only, and the Landlord, its agents and employees shall not be liable for any damage thereto or for the theft or misappropriation thereof unless such damage, theft or misappropriation is a result of the negligence or contributory negligence of Landlord or Landlord's agents or employees. The Tenant agrees to hold the Landlord harmless and indemnified to indemnify the Landlord against claims and liability for injuries to all persons and for damage to or loss of property occurring in or about the propertyProperty, due to any act of negligence or default under this lease Lease by the Tenant, its contractors, agents or employees. To the extent that the Tenant carries hazard insurance on any of its property in the Premises and to the extent that the Landlord carries hazard insurance on the Property, each policy of insurance shall contain, contain (if obtainable from the insurer selected by the Tenant or the Landlord, as the case may be, without additional expense, ) a provision waiving subrogation against the other party to this leaseLease. If such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue be effective only if the other party, on notice notice, shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other with respect to any liability which the other may have for any damage by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or policies of insurance containing such provision waiving subrogation.

Waiver of Certain Claims. The Tenant, to the extent permitted by law, waives all claims it may have against the Landlord, and against the Landlord's agents and employees for damage to person or property sustained by the Tenant Tenant, its employees or by any occupant of the Premises, or by any other personinvitees, resulting from any part of the Property or any equipment or appurtenances becoming out of repair, or resulting from any accident in or about the Property or resulting directly or indirectly from any act or neglect of any Tenant tenant or occupant of any part of the Property or of any other person, unless such damage is a result of the negligence or contributory contributing negligence of Landlord, or Landlord's agents or employees. If any damage results from any act or neglect of the Tenant, the Landlord may, at the Landlord's option, repair such damage and the Tenant shall thereupon pay to the Landlord the total cost of such repair. All personal property belonging to the Tenant or any occupant of the Premises that is in or on any part of the Property shall be there at the risk of the Tenant or of such other person only, and the Landlord, its agents and employees shall not be liable for any damage thereto or for the theft or misappropriation thereof unless such damage, theft or misappropriation is a result of the negligence or contributory negligence of Landlord or Landlord's agents or employees. The Tenant agrees to hold the Landlord harmless and indemnified against claims and liability for injuries to all persons and for damage damages to or loss of property occurring in or about the propertyProperty, due to any act of negligence or default under this lease by the Tenant, its contractors, agents or employees. To the extent that the Tenant carries hazard insurance on any of its property in the Premises and to the extent that the Landlord carries hazard insurance on the Property, each policy of insurance shall contain, if obtainable from the insurer selected by the Tenant or the Landlord, as the case may be, without additional expense, a provision waiving subrogation against the other party to this lease. If such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue if the other party, on notice shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other with respect to any liability which the other may have for any damage damages by fire or other casualty with respect to any liability which the other may have for any damages by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or policies of insurance containing such provision waiving subrogation.

Waiver of Certain Claims. The TenantLandlord shall not be liable, to the extent permitted by law, and Tenant waives all claims it may have against the Landlordclaims, and against the Landlord's agents and employees for damage damages to person or property sustained by the Tenant or by any occupant or visitor of or to the Premises, or by any other personpremises, resulting from the premises or any part of the Property it or any equipment or appurtenances appurtenance becoming out of repair, or resulting from any accident in or about the Property premises, or resulting directly or indirectly from any act or neglect of any Tenant tenant or occupant of the premises or of any part other person including any act of Landlord or his agent in connection with security in the building in which the premises is located, except that due to Landlord's or his agents' willful misconduct or negligence. Without limiting the generality of the Property foregoing, such limitation and waiver shall include damage caused by water, snow, frost, steam, excessive heat or cold, sewage, gas odors or noise or the bursting or leaking of pipes or plumbing fixtures and shall apply equally whether any such damage results from the act or neglect of other tenants, occupants or servants of the premises or of any other person, unless and whether such damage is a be caused or result of the negligence from any thing or contributory negligence of Landlordcircumstance above mentioned or referred to, or Landlord's agents any other thing or employeescircumstance whether of a like nature or of a wholly different nature. If any such damage results from any act willful misconduct or neglect negligence of the Tenant, the Landlord may, at the Landlord's option, repair such damage damage, whether caused to the premises or to tenants thereof, and the Tenant shall thereupon pay to the Landlord the total cost of such repairrepairs and damages, both to the premises and to the tenants thereof. Tenant covenants and agrees to indemnify and save Landlord harmless against and from any and all loss, cost, damage, claim, liability or expense including, but not limited to, reasonable attorney's fees, arising out of or resulting from any injury or claim of injury of any nature or sort whatsoever to any person or property suffered or received in or about the premises at any time during the term hereof including any damage in connection with security in the building in which the premises is located, or resulting from any willful misconduct or negligence of Tenant in the premises which may cause injury to persons or property outside of the premises, or arising out of any failure of Tenant in any respect to comply with any of the requirements or provisions of this lease; provided, however, such indemnity shall exclude matters resulting from Landlord's willful misconduct or negligence. All personal property belonging to the Tenant or any occupant of the Premises that is in or on any part of the Property premises shall be there at the risk of the Tenant or of such other person only, and the Landlord, its agents and employees Landlord shall not be liable for any damage thereto or for the theft or misappropriation thereof unless such damage, theft or misappropriation is a result of the negligence or contributory negligence of Landlord or Landlord's agents or employees. The Tenant agrees to hold the Landlord harmless and indemnified against claims and liability for injuries to all persons and for damage to or loss of property occurring in or about the property, due to any act of negligence or default under this lease by the Tenant, its contractors, agents or employees. To the extent that the Tenant carries hazard insurance on any of its property in the Premises and to the extent that the Landlord carries hazard insurance on the Property, each policy of insurance shall contain, if obtainable from the insurer selected by the Tenant or the Landlord, as the case may be, without additional expense, a provision waiving subrogation against the other party to this lease. If such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue if the other party, on notice shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other with respect to any liability which the other may have for any damage by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or policies of insurance containing such provision waiving subrogationthereof.

Waiver of Certain Claims. The TenantLandlord and Tenant agree that, to in the extent permitted by law, waives all claims it may have against event that any part of the Landlord, and against Premises or the Landlord's agents and employees for damage to person or property sustained by the Tenant or by any occupant whole of the Premises, or the fixtures, merchandise and contents therein, are damaged or destroyed by fire or other insured casualty, the rights of either party, or its agents, assignees, subtenants or transferees, against the other with respect to such liability or responsibility for any other persondamage, destruction or loss resulting from any part therefrom, including the interruption of the Property or any equipment or appurtenances becoming out of repair, or resulting from any accident in or about the Property or resulting directly or indirectly from any act or neglect business of any Tenant or occupant of any part of the Property or of any other person, unless such damage is parties and loss suffered as a result of the negligence fault or contributory negligence of Landlordany such parties, are hereby waived. This waiver only applies to insured casualty losses and is not intended to waive any other rights that either party may have against the other. Landlord and Tenant agree further that all policies of fire and extended coverage covering the Premises, business interruption or other insurance covering the Premises, or Landlord's agents the contents, fixtures and improvements therein shall contain a clause or employeesendorsement providing in substance that the insurance shall not be prejudiced if the insureds have waived right of recovery from any person or persons prior to the date and time of loss or damage, if any. Any additional premium shall be paid by the party benefitted thereby. If any property damage results from any act or neglect of the Tenant, the Landlord may, may at the Landlord's option, after written notice to Tenant (except in the case of an emergency where no notice is necessary) repair such damage and the Tenant shall thereupon pay to the Landlord so much of the total cost of such repair. All personal property belonging repair or replacement as is not covered or paid to Landlord under Landlord's insurance policy, including the Tenant or amount of any occupant deductible, as well as so much of the Premises that is in or on any part of the Property shall be there at the risk of the Tenant or total cost of such other person only, and the Landlord, its agents and employees shall not be liable for repair as exceeds any damage thereto or for the theft or misappropriation thereof unless insurance proceeds Landlord receives in respect of such damage, theft or misappropriation is a result of the negligence or contributory negligence of Landlord or Landlord's agents or employees. The Tenant Each party agrees to defend and hold the Landlord other harmless and indemnified indemnify against claims each and every claim and liability for injuries to all any person or persons and for damage to or loss of personal property occurring in or about the propertyProperty or Corporate Xxxxx Common Areas, due to any act of negligence or default under this lease Lease by the Tenant, indemnifying party or its respective contractors, agents or employees. To the extent that the Tenant carries hazard insurance on any of its property in the Premises and to the extent that the Landlord carries hazard insurance on the Property, each policy of insurance shall contain, if obtainable from the insurer selected by the Tenant or the Landlord, as the case may be, without additional expense, a provision waiving subrogation against the other party to this lease. If such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue if the other party, on notice shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other with respect to any liability which the other may have for any damage by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or policies of insurance containing such provision waiving subrogation.

Waiver of Certain Claims. The Tenant, to the extent permitted by law, waives all claims it may have against the Landlord, and against the Landlord's agents and employees for damage to person or property sustained by the Tenant or by any occupant of the Premises, Premises or by any other person, resulting from any part of the Property or any equipment or appurtenances becoming out of repair, or resulting from any accident in or about the Property or resulting directly or indirectly from any act or neglect of any Tenant tenant or occupant of any part of the Property or of any other person, unless such damage is a result of the negligence or contributory negligence of Landlord, or Landlord's agents or employees. If any damage results from any act or neglect of the Tenant, the Landlord may, at the Landlord's option, repair such damage and the Tenant shall thereupon pay to the Landlord the total cost of such repair. All personal property belonging to the Tenant or any occupant of the Premises that is in or on any part of the Property shall be there at the risk of the Tenant or of such other person only, and the Landlord, its agents and employees shall not be liable for any damage thereto or for the theft or misappropriation thereof unless such damage, theft or misappropriation is a result of the negligence or contributory negligence of Landlord or Landlord's agents or employees. The Tenant agrees to hold the Landlord harmless and indemnified to indemnify the Landlord against claims and liability for injuries to all persons and for damage to or loss of property occurring in or about the propertyProperty, due to any act of negligence or default under this lease Lease by the Tenant, its contractors, agents or employees. To the extent that the Tenant carries hazard insurance on any of its property in the Premises and to the extent that the Landlord carries hazard insurance on the Property, each policy of insurance shall contain, contain (if obtainable from the insurer selected by the Tenant or the Landlord, as the case may be, without additional expense, ) a provision waiving subrogation against the other party to this leaseLease. If such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue be effective only if the other party, on notice shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other with respect to any liability which the other may have for any damage by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or policies of insurance containing such provision waiving subrogation.

Waiver of Certain Claims. The Section 1: Tenant, to the extent permitted by law, waives all claims it may have against the Landlord, and against the Landlord's agents ’s agents, employees and employees contractors for damage to person or property sustained by the Tenant or by any occupant of the Premises, or by any other person, resulting from any part of the Property Premises or any equipment or appurtenances becoming out of repair, or resulting from any accident in or about the Property Premises or resulting directly or indirectly from any act or neglect of any Tenant tenant or occupant of any part of the Property Premises or of any other person, unless such damage is a result of except that this waiver shall not apply to damages for injuries to person or property caused by or resulting from the negligence or contributory negligence of Landlord, its agents, contractors, servants or Landlord's agents employees unless such loss is covered by insurance carried by Tenant or employeesthat Tenant is required to carry under this Lease. This waiver shall include not only direct damages but also claims for consequential damages and any claims for abatement of Rent due hereunder, it being intended that this waiver be absolute. Section 2: If any property damage at the Premises results from any act or neglect of the Tenant, the Landlord may, may at the Landlord's ’s option, repair such damage and the Tenant shall thereupon pay to the Landlord the total reasonable and actual cost of such repair or replacement within 30 days after written notice. If Tenant fails to pay such amount to Landlord within 10 days after Landlord’s written notice, Landlord may charge the cost of the repair. All personal property belonging , together with the interest thereon at the maximum rate per annum permitted by law from the date of Tenant’s default to the date of such payment, to the Tenant as Additional Rent on the next rental payment date. Section 3: Tenant will indemnify, defend and save Landlord harmless from and against any and all claims, actions, damages, liabilities and expenses in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Premises or any occupant part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, lessees or concessionaires. Tenant will further indemnify, defend and save Landlord harmless from and against any and all liabilities, losses, damages, costs, expenses, suits, judgments and claims of any nature and howsoever caused (except for the negligent acts of Landlord or its agents or employees) arising on the Premises or out of the use, occupation, operation, possession or control by Tenant of the Premises that is in or on at any part time during the term of this Lease. Tenant will further indemnify, defend and save Landlord harmless from any and all liability arising from any failure by Tenant to perform any of the Property shall agreements, terms, covenants or conditions of this Lease on Tenant’s part to be there at the risk of the Tenant or of such other person only, and the Landlord, its agents and employees shall not be liable for any damage thereto or for the theft or misappropriation thereof unless such damage, theft or misappropriation is a result of the negligence or contributory negligence of Landlord or Landlord's agents or employees. The Tenant agrees to hold the Landlord harmless and indemnified against claims and liability for injuries to all persons and for damage to or loss of property occurring in or about the property, due to any act of negligence or default under this lease by the Tenant, its contractors, agents or employees. To the extent that the Tenant carries hazard insurance on any of its property in the Premises and to the extent that the Landlord carries hazard insurance on the Property, each policy of insurance shall contain, if obtainable from the insurer selected by the Tenant or the Landlord, as the case may be, without additional expense, a provision waiving subrogation against the other party to this lease. If such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue if the other party, on notice shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other with respect to any liability which the other may have for any damage by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or policies of insurance containing such provision waiving subrogationperformed.

Waiver of Certain Claims. The Tenant, to the extent permitted by law, waives all claims it may have against the Landlord, and against the Landlord's ’s agents and employees for damage to person or property sustained by the Tenant or by any occupant of the Premises, Premises or by any other person, resulting from any part of the Property or any equipment or appurtenances becoming out of repair, or resulting from any accident in or about the Property or resulting directly or indirectly from any act or neglect of any Tenant tenant or occupant of any part of the Property or of any other person, unless such damage is a result of the negligence or contributory negligence of Landlord, or Landlord's ’s agents or employees. If any damage results from any act or neglect of the Tenant, the Landlord may, at the Landlord's ’s option, repair such damage and the Tenant shall thereupon pay to the Landlord the total cost of such repair. All personal property belonging to the Tenant or any occupant of the Premises that is in or on any part of the Property shall be there at the risk of the Tenant or of such other person only, and the Landlord, its agents and employees shall not be liable for any damage thereto or for the theft or misappropriation thereof unless such damage, theft or misappropriation is a result of the negligence or contributory negligence of Landlord or Landlord's ’s agents or employees. The Tenant agrees to hold the Landlord harmless and indemnified to indemnify the Landlord against claims and liability for injuries to all persons and for damage to or loss of property occurring in or about the propertyProperty, due to any act of negligence or default under this lease Lease by the Tenant, its contractors, agents or employees. To the extent that the Tenant carries hazard insurance on any of its property in the Premises and to the extent that the Landlord carries hazard insurance on the Property, each policy of insurance shall contain, contain (if obtainable from the insurer selected by the Tenant or the Landlord, as the case may be, without additional expense, ) a provision waiving subrogation against the other party to this leaseLease. If such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue be effective only if the other party, on notice shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other with respect to any liability which the other may have for any damage by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or policies of insurance containing such provision waiving subrogation.

Waiver of Certain Claims. The Tenant, to the extent permitted by law, waives all claims it may have against the Landlord, and against the Landlord's agents agents, employees and employees contractors for damage to person or property sustained by the Tenant or by any occupant of the Premises, or by any other person, resulting from any part of the Property or Meridian Centre Common Areas or any equipment or appurtenances becoming out of repair, or resulting from any accident in or about the Property or Meridian Centre Common Areas or resulting directly or indirectly from any act or neglect of any Tenant tenant or occupant of any part of the Property or Meridian Centre Common Areas or of any other person, unless such damage is a result of except that this waiver shall not apply to damages for injuries to person or property caused by or resulting from the negligence or contributory negligence willful misconduct of Landlord, or Landlord's agents its agents, servants or employees, except to the extent such loss is covered by insurance Tenant actually carries or is required to carry, under this Lease. This waiver shall include not only direct damages but also claims for consequential damages and any claims for abatement of Rent due hereunder, it being intended that this waiver be absolute. If any property damage results from any act or neglect of the Tenant, the Landlord may, may at the Landlord's option, repair such damage and the Tenant shall thereupon pay to the Landlord so much of the total cost of such repair. All personal property belonging repair or replacement as is not covered or paid to Landlord under Landlord's insurance policy, including the Tenant or amount of any occupant deductible, as well as so much of the Premises that is in or on any part of the Property shall be there at the risk of the Tenant or total cost of such other person only, and the Landlord, its agents and employees shall not be liable for repair as exceeds any damage thereto or for the theft or misappropriation thereof unless insurance proceeds Landlord receives in respect of such damage, theft or misappropriation is a result of the negligence or contributory negligence of Landlord or Landlord's agents or employees. The Tenant agrees to defend and hold the Landlord harmless and indemnified indemnify against claims each and every claim and liability for injuries to all any person or persons and for damage to or loss of personal property occurring in or about the propertyProperty or Meridian Centre Common Areas, to the extent due to any act of negligence or default under this lease Lease by the Tenant, Tenant its contractors, agents or employees. To the extent employees (except that the Tenant carries hazard insurance on any of its property in the Premises and to the extent that the Landlord carries hazard insurance on the Property, each policy of insurance such indemnity shall contain, if obtainable from the insurer selected by the Tenant exclude consequential or the Landlord, as the case may be, without additional expense, a provision waiving subrogation against the other party to this lease. If such provision can be obtained only at additional expense, the obligation to obtain such provision shall continue if the other party, on notice shall pay the amount of such additional expense. Each of the parties hereto hereby releases the other with respect to any liability which the other may have for any damage by fire or other casualty with respect to which the party against whom such release is claimed shall be insured under a policy or policies of insurance containing such provision waiving subrogationpunitive damages).