Common use of Waiver of Claims and Indemnity Clause in Contracts

Waiver of Claims and Indemnity. To the extent not prohibited by law, Tenant releases Landlord, its partners, and their respective agents and employees and their successors and assigns from, and waives all claims for, damage or injury to person or property sustained by Tenant its successors and assigns resulting from the Site, the Building or Premises or any part of any of them or any equipment or appurtenance becoming out of repair, or resulting from any accident in or about the Site, the Building, or the Premises or resulting directly or indirectly from any act or neglect of any tenant or occupant of the Site or the Building, or of any other person, including Landlord's agents and employees. This Section 18 shall include but not be limited to, the flooding of basements or other subsurface areas, and to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipment, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, 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 Landlord or of other tenants, occupants or servants in the Building or of any other person, and whether such damage be caused or result from any thing or circumstance above mentioned or referred to, or any other thing or circumstance whether of a like nature or of a wholly different nature. If any such damage, or injury whether to the Premises or to the Building or any part thereof, or whether to Landlord or to other tenants in the Building, results from any act or neglect of Tenant, its employees, agents, invitees and customers, Tenant shall be liable therefor and Landlord may, at Landlord's option, repair such damage and Tenant shall, upon demand by Landlord, reimburse Landlord forthwith for the total cost of such repairs. Tenant shall not be liable for any damage caused by its act or neglect if Landlord or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against Tenant. Tenant agrees to indemnify and save Landlord, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Tenant's occupancy of 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 from any act or negligence of Tenant, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Landlord, its partners or their respective agents or employees by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify and save Tenant, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act or negligence of Landlord, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant.

Waiver of Claims and Indemnity. To Tenant agrees that, to the extent not expressly prohibited by law, Tenant releases Landlord and its officers agents, servants and employees shall not be liable for (nor shall rent abatx xx a result of) any direct or consequential damage, unless caused by the negligence or willful misconduct of Landlord, its partnersemployees, and their respective agents and employees and their successors and assigns from, and waives all claims for, or contractors (including damage claimed for actual or injury constructive eviction) either to person or property sustained by Tenant Tenant, its successors and assigns resulting from the Siteemployees, agents, invitees or guests due to the Building or Premises any part thereof or any part of any of them or any equipment or appurtenance appurtenances thereof becoming out of repair, or resulting from due to the happening of any accident in or about the Site, the Building, or the Premises or resulting directly or indirectly from due to any act or neglect of any tenant or occupant of the Site or the Building, Building or of any other person, including Landlord's agents and employees. This Section 18 provision shall include apply particularly (but not be limited to, the flooding of basements or other subsurface areas, and exclusively) to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipment, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, electricity, sewer gas or odors or noiseby the bursting, leaking or the bursting or leaking dripping of pipes or pipes, faucets and plumbing fixturesfixtures and windows, and shall apply equally whether any such damage results from without distinction as to the person whose act or neglect of Landlord or of other tenants, occupants or servants in was responsible for the Building or of any other person, damage and whether such the damage be caused was due to any of the causes specifically enumerated above or result from any thing or circumstance above mentioned or referred to, or any to some other thing or circumstance whether cause of a like nature or an entirely different kind. Tenant further agrees that all of a wholly different nature. If any such damage, or injury whether to Tenant's personal property in the Premises or to the Building or any part thereof, or whether to Landlord or to other tenants in the Building, results from any act or neglect of Tenant, its employees, agents, invitees and customers, Tenant shall be liable therefor at the risk of Tenant only and that Landlord may, at Landlord's option, repair such damage and Tenant shall, upon demand by Landlord, reimburse Landlord forthwith for the total cost of such repairs. Tenant shall not be liable for any loss or damage caused by its act thereto or neglect if Landlord or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against Tenanttheft thereof. Tenant agrees to and Landlord shall protect, indemnify and save Landlord, its partners each other and their respective officers, agents and employees harmless from and against any and all claimsobligations liabilities, demandscosts, costs damages, claims and expenses, including reasonable attorney's fees for the defense thereof, expenses of whatever nature arising from Tenant's occupancy of injury to persons or damage to property on 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 from any act or negligence of Tenant, its agents, servants, employees or invitees, in or about the Premises. In case Building arising out of any action or proceeding brought against Landlord, its partners or their respective agents or employees by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify and save Tenant, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act or negligence of Landlord, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant.connection with

Waiver of Claims and Indemnity. To the extent not prohibited by law, Tenant hereby releases Landlord, its partners, and their respective agents and employees and their successors and assigns from, and waives all ------------------------------ claims foragainst Landlord, and its agents, employees and servants for injury or damage to person, property or injury to person or property business sustained by Tenant its successors and assigns resulting from the Site, the Building or Premises or any part of any of them or any equipment or appurtenance becoming out of repair, or resulting from any accident in or about the Siteproperty by Tenant, the Buildingits agents, employees or the Premises servants, which injury or resulting directly or indirectly from any act or neglect of any tenant or occupant of the Site or the Building, or of any other person, including Landlord's agents and employees. This Section 18 shall include but not be limited to, the flooding of basements or other subsurface areas, and to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipment, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, 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 any act, neglect, occurrence or conditions in or about the Property, except to the extent that such injury or damage is caused by the gross negligence or willful or wanton act or neglect of Landlord or of other tenants, occupants or servants in the Building or of any other person, and whether such damage be caused or result from any thing or circumstance above mentioned or referred to, or any other thing or circumstance whether of a like nature or of a wholly different nature. If any such damage, or injury whether to the Premises or to the Building or any part thereof, or whether to Landlord or to other tenants in the Building, results from any act or neglect of Tenant, its employees, agents, invitees and customers, Tenant shall be liable therefor and Landlord may, at Landlord's option, repair such damage and Tenant shall, upon demand omission by Landlord, reimburse or its agents, employees or servants. To the extent any of the foregoing is covered by insurance, Landlord forthwith for or Tenants, as the total cost of such repairscase may be, shall have but one (1) recovery. Tenant shall not be liable for any damage caused by its act or neglect if Landlord or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against Tenant. Tenant hereby agrees to indemnify and save hold Landlord, its partners agents, employees and their respective agents and employees servants harmless against any and all claims, damage, demands, costs and expensesexpenses of every kind and nature, including reasonable attorney's attorneys' fees for the defense thereof, arising from Tenant's occupancy of the Premises Property 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 from any act act, omission or negligence of the Tenant, its employees, servants and agents, servants, employees or invitees, subtenants and/or assignees in or about the PremisesProperty. To the extent any of the foregoing is covered by insurance, Landlord shall have but one (1) recovery. In case of any action or such proceeding is brought against Landlord, its partners agents, employees or their respective agents or employees by reason of any such claim, upon notice from Landlordservants, Tenant covenants to defend such action or proceeding at its sole cost and expense by legal counsel reasonably satisfactory to Landlord. Landlord agrees shall have no responsibility for loss or damage to indemnify Tenant's personal property, except to the extent caused by and save Tenantdegree of fault attributable to Landlord's willful misconduct, its partners and their respective agents no responsibility to insure the personal property of Tenant of whatever nature and employees harmless wherever located on the Premises against any loss or damage thereto, however occasioned, it being understood and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Landlord's letting of the Premises to agreed that Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act or negligence of Landlord, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any will so insure such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenantpersonal property.

Waiver of Claims and Indemnity. To the extent not prohibited permitted by lawLaw, Tenant hereby releases Landlord, its partners, and their respective agents and employees and their successors and assigns the Indemnitees from, and waives all claims for, damage or injury to person or property sustained by the Tenant its successors or any occupant of the Premises or the Property resulting directly or indirectly from any existing or future condition, defect, matter or thing in and assigns resulting from about the Site, Premises or the Building or Premises Property or any part of any of them either or any equipment or appurtenance becoming out of repairtherein, or resulting from any accident in or about the Site, the Building, Premises or the Premises Property, or resulting directly or indirectly from any act or neglect of any tenant or occupant of the Site or the Building, Property or of any other person, including Landlord's ’s agents and employeesservants, except to the extent caused by the gross negligence or willful and wrongful act of any of the Indemnitees. This Section 18 shall include but Tenant hereby fully waives any consequential damages, compensation or claims for inconvenience or loss of business, rents, or profits as a result of such injury or damage, whether or not be limited tocaused by the gross negligence or willful and wrongful act of any of the Indemnitees. To the extent permitted by Law, the flooding of basements or other subsurface areasTenant hereby indemnifies, and to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipment, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, 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 Landlord or of other tenants, occupants or servants in the Building or of any other person, and whether such damage be caused or result from any thing or circumstance above mentioned or referred to, or any other thing or circumstance whether of a like nature or of a wholly different nature. If any such damage, or injury whether to the Premises or to the Building or any part thereof, or whether to Landlord or to other tenants in the Building, results from any act or neglect of Tenant, its employees, agents, invitees and customers, Tenant shall be liable therefor and Landlord may, at Landlord's option, repair such damage and Tenant shall, upon demand by Landlord, reimburse Landlord forthwith for the total cost of such repairs. Tenant shall not be liable for any damage caused by its act or neglect if Landlord or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against Tenant. Tenant agrees to indemnify protect, defend and save Landlordhold the Indemnitees harmless, its partners and their respective agents and employees harmless against any and all actions, claims, demands, liability, costs and expenses, including reasonable attorney's attorneys’ fees and expenses for the defense thereof, arising from Tenant's ’s occupancy of the Premises, from the undertaking of any Tenant Alterations or repairs to the Premises by Tenant, from the conduct of Tenant’s business on 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 from any wrongful act or negligence of Tenant, its agents, contractors, servants, employees employees, customers or invitees, in or about the PremisesPremises or the Property. In case of any action or proceeding brought against Landlord, its partners or their respective agents or employees by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to chosen by Landlord. Landlord agrees reserves the right to indemnify and save Tenantsettle, its partners and their respective agents and employees harmless against compromise or dispose of any and all claimsactions, demands, costs claims and expenses, including reasonable attorney's fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant demands related to the terms foregoing indemnity. The foregoing indemnity shall not operate to relieve Indemnitees of liability to the extent such liability is caused by the willful and wrongful act of Indemnitees. Further, the indemnity is subject to the amounts, if any, paid to Landlord under its “All-Risks” property insurance. This Article Fifteen shall survive the expiration or earlier termination of this Lease, or from any act or negligence of Landlord, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant.

Waiver of Claims and Indemnity. To Tenant agrees that, to the extent not expressly prohibited by law, Tenant releases LandlordLandlord and its officers, its partnersagents, and their respective agents servants and employees and their successors and assigns from, and waives all claims for, shall not be liable for (nor shall rent abate as a result of) xxx xirect or consequential damage (including damage claimed for actual or injury constructive eviction) either to person or property sustained by Tenant Tenant, its successors and assigns resulting from servants, employees, agents, invitees or guests due to the Site, the Building or Premises Property or any part of any of them thereof or any equipment or appurtenance appurtenances thereof becoming out of repair, or resulting from due to the happening of any accident in or about the Site, the Buildingsaid Property, or the Premises or resulting directly or indirectly from due to any act or neglect of any tenant or occupant of the Site or the Building, said Property or of any other person, including Landlord's agents and employees. This Section 18 provision shall include apply particularly (but not be limited to, the flooding of basements or other subsurface areas, and exclusively) to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipment, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, electricity, sewer gas or odors or noiseby the bursting, leaking or the bursting or leaking dripping of pipes or pipes, faucets and plumbing fixturesfixtures and windows, and shall apply equally whether any such damage results from without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of Landlord the causes specifically enumerated above or to some other cause of other tenants, occupants an entirely different kind. Tenant further agrees that all of Tenant's personal property in the Premises or servants in the Building or of any other person, and whether such damage be caused or result from any thing or circumstance above mentioned or referred to, or any other thing or circumstance whether of a like nature or of a wholly different nature. If any such damage, or injury whether to on the Premises or to the Building or any part thereof, or whether to Landlord or to other tenants in the Building, results from any act or neglect of Tenant, its employees, agents, invitees and customers, Tenant Property shall be liable therefor at the risk of Tenant only and that Landlord may, at Landlord's option, repair such damage and Tenant shall, upon demand by Landlord, reimburse Landlord forthwith for the total cost of such repairs. Tenant shall not be liable for any loss or damage caused by its act thereto or neglect if Landlord or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against Tenanttheft thereof. Tenant agrees to shall protect, indemnify and save LandlordLandlord and its officers, its partners and their respective agents agents, servants and employees harmless from and against any and all claimsobligations, demandsliabilities, costs costs, damages, claims and expenses, including reasonable attorney's fees for the defense thereof, expenses of whatever nature arising from injury to persons or damage to property on the Premises or in or about the Building arising out of or in connection with Tenant's use or occupancy of the Premises or from any breach or default on the part of Tenant Tenant's activities in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this LeaseBuilding, or arising from any act or negligence of Tenant, or its agents, contractors, servants, employees, or invitees but excluding the gross negligence of Landlord, or its agents, contractors, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Landlord, its partners or their respective agents or employees by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify and save Tenant, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees Any claim for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to which indemnity is afforded shall be performed pursuant made to the terms of this Leaseindemnitor by indemnitee in a reasonably prompt manner, or but any delay in notifying the indemnitor shall not affect the protection except for losses from any act or negligence of Landlord, its agents, servants, employees or invitees, the indemnitee=s delay in or about notifying the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenantindemnitor.

Waiver of Claims and Indemnity. To the extent not prohibited permitted by law, the Tenant releases the Landlord, its partnersbeneficiaries, partners and their respective agents and employees and their successors and assigns servants from, and waives all claims for, damage or injury to person or property sustained by the Tenant its successors and assigns or any occupant of the Building or premises resulting from the Site, the Building or Premises premises or any part of any of them either or any equipment or appurtenance becoming out of repair, or resulting from any accident in or about the Site, the Building, or the Premises or resulting directly or indirectly from any act or neglect of any tenant or occupant of the Site Building or the Building, or of any other person, including Landlord's agents and employeesservants. This Section 18 15 shall include apply especially, but not be limited toexclusively, to the flooding of basements or other subsurface areas, and to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipmentapparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, 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 the Landlord or of other tenants, occupants or servants in the Building or of any other person, and whether such damage be caused or result from any thing or circumstance circumstances above mentioned or referred to, or any other thing or circumstance circumstances whether of a like nature or of a wholly different nature. If any such damage, or injury whether to the Premises demised premises or to the Building or any part thereof, or whether to the Landlord or to other tenants in the Building, results from any act or neglect of the Tenant, its employees, agents, invitees invitees, and customers, the Tenant shall be liable therefor and the Landlord may, at the Landlord's option, repair such damage and the Tenant shall, upon demand by Landlord, reimburse the Landlord forthwith for the total cost of such repairs. The Tenant shall not be liable for any damage caused by its act or neglect if the Landlord or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against the Tenant. All property belonging to the Tenant or any occupant of the premises that is in the Building or the premises shall be there at the risk of the Tenant or other person only, and the Landlord shall not be liable for damages thereto or theft or misappropriation thereof. Tenant agrees to indemnify and save the Landlord, its beneficiaries, partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's attorneys' fees for the defense thereof, arising from Tenant's occupancy occupation of 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 from any act or negligence of Tenant, its agents, servants, employees or invitees, in or about the Premisesdemised premises. In case of any action or proceeding brought against Landlord, its beneficiaries, Owner and Owner's partners or their respective agents or employees by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify and save Tenant, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act or negligence of Landlord, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant.

Waiver of Claims and Indemnity. To the extent not prohibited by law, Tenant hereby releases Landlord, its partners, and their respective agents and employees and their successors and assigns from, and waives all claims foragainst Landlord, agents, employees and servants for injury or damage to person, property or injury to person or property business sustained by Tenant its successors and assigns resulting from the Site, the Building or Premises or any part of any of them or any equipment or appurtenance becoming out of repair, or resulting from any accident in or about the SiteProperty by Tenant, its agents, employees or servants, which injury or damage results from any act, neglect, occurrence or conditions in or about the BuildingProperty, except to the extent that such injury or damage is caused by the negligence or willful or wanton act or omission by Landlord, or its agents, employees or servants. To the Premises or resulting directly or indirectly from extent any act or neglect of any tenant or occupant of the Site foregoing is covered by insurance, Landlord or Tenant, as the Buildingcase may be, or of shall have but one (1) recovery, but any other person, including Landlord's agents and employees. This Section 18 such recovery shall include but not be limited to, the flooding of basements or other subsurface areas, and to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipment, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, 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 Landlord or of other tenants, occupants or servants in the Building or of any other person, and whether such damage be caused or result from any thing or circumstance above mentioned or referred to, or any other thing or circumstance whether of a like nature or of a wholly different nature. If any such damage, or injury whether to the Premises or to the Building or any part thereof, or whether to Landlord or to other tenants in the Building, results from any act or neglect of Tenant, its employees, agents, invitees and customers, Tenant shall be liable therefor and Landlord may, at Landlord's option, repair such damage and Tenant shall, upon demand by Landlord, reimburse Landlord forthwith for the total cost amount of such repairsinsurance. Tenant shall not be liable for any damage caused by its act or neglect if Landlord or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against Tenant. Tenant hereby agrees to indemnify and save hold Landlord, its partners agents, employees and their respective agents and employees servants harmless against any and all claims, damage, demands, costs and expensesexpenses of every kind and nature, including reasonable attorney's attorneys' fees for the defense thereof, arising from Tenant's occupancy of the Premises Property 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 from any act act, omission or negligence of the Tenant, its employees, servants and agents, servants, employees or invitees, subtenants and/or assignees in or about the PremisesProperty during the term of the Lease. To the extent any of the foregoing is covered by insurance, Landlord shall have but one (1) recovery. In case of any action or such proceeding is brought against Landlord, its partners agents, employees or their respective agents or employees by reason of any such claim, upon notice from Landlordservants, Tenant covenants to defend such action or proceeding at its sole cost and expense by legal counsel reasonably satisfactory to Landlord. Landlord hereby agrees to indemnify and save hold Tenant, its partners agents, employees and their respective agents and employees servants harmless against any and all claims, damage, demands, costs and expensesexpenses of every kind and nature, including reasonable attorney's attorneys' fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act act, omission or negligence of Landlord, its agentsemployees, servants, employees or invitees, servants and agents in or about the PremisesProperty. To the extent any of the foregoing is covered by insurance, Tenant shall have but one (1) recovery. In case of any action or such proceeding is brought against Tenant, its partners agents, employees or their respective agents or employees by reason of any such claim, upon notice from Tenantservants, Landlord covenants to defend such action or proceeding at its sole cost and expense by legal counsel reasonably satisfactory to Tenant. In the event of any conflict or inconsistency between the indemnification provisions hereof and those contained in the Stock Purchase Agreement, those contained in the Stock Purchase Agreement shall govern.

Waiver of Claims and Indemnity. To the extent not prohibited by law, Tenant hereby releases Landlord, its partners, and their respective agents and employees and their successors and assigns from, and waives all claims foragainst Landlord, agents, employees and servants for injury or damage to person, property or injury to person or property business sustained by Tenant its successors and assigns resulting from the Site, the Building or Premises or any part of any of them or any equipment or appurtenance becoming out of repair, or resulting from any accident in or about the SiteProperty by Tenant, its agents, employees or servants, which injury or damage results from any act, neglect, occurrence or conditions in or about the BuildingProperty, except to the extent that such injury or damage is caused by the negligence or willful or wanton act or omission by Landlord, or its agents, employees or servants. To the Premises or resulting directly or indirectly from extent any act or neglect of any tenant or occupant of the Site foregoing is covered by insurance, Landlord or Tenant, as the Buildingcase may be, or of shall have but one (1) recovery, but any other person, including Landlord's agents and employees. This Section 18 such recovery shall include but not be limited to, the flooding of basements or other subsurface areas, and to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipment, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, 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 Landlord or of other tenants, occupants or servants in the Building or of any other person, and whether such damage be caused or result from any thing or circumstance above mentioned or referred to, or any other thing or circumstance whether of a like nature or of a wholly different nature. If any such damage, or injury whether to the Premises or to the Building or any part thereof, or whether to Landlord or to other tenants in the Building, results from any act or neglect of Tenant, its employees, agents, invitees and customers, Tenant shall be liable therefor and Landlord may, at Landlord's option, repair such damage and Tenant shall, upon demand by Landlord, reimburse Landlord forthwith for the total cost amount of such repairsinsurance. Tenant shall not be liable for any damage caused by its act or neglect if Landlord or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against Tenant. Tenant hereby agrees to indemnify and save hold Landlord, its partners agents, employees and their respective agents and employees servants harmless against any and all claims, damage, demands, costs and expensesexpenses of every kind and nature, including reasonable attorney's attorneys' fees for the defense thereof, arising from Tenant's occupancy of the Premises Property 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 from any act act, omission or negligence of the Tenant, its employees, servants and agents, servants, employees or invitees, subtenants and/or assignees in or about the PremisesProperty during the term of the Lease. To the extent any of the foregoing is covered by insurance, Landlord shall have but one (1) recovery. In case of any action or such proceeding is brought against Landlord, its partners agents, employees or their respective agents or employees by reason of any such claim, upon notice from Landlordservants, Tenant covenants to defend such action or proceeding at its sole cost and expense by legal counsel reasonably satisfactory to Landlord. Landlord hereby agrees to indemnify and save hold Tenant, its partners agents, employees and their respective agents and employees servants harmless against any and all claims, damage, demands, costs and expensesexpenses of every kind and nature, including reasonable attorney's attorneys' fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act act, omission or negligence of Landlord, its agentsemployees, servants, employees or invitees, servants and agents in or about the PremisesProperty. To the extent any of the foregoing is covered by insurance, Tenant shall have but one (1) recovery. In case of any action or such proceeding is brought against Tenant, its partners agents, employees or their respective agents or employees by reason of any such claim, upon notice from Tenantservants, Landlord covenants to defend such action or proceeding at its sole cost and expense by legal counsel reasonably satisfactory to TenantTenant In the event of any conflict or in consistency between the indemnification provisions hereof and those contained in the Stock Purchase Agreement, those contained in the Stock Purchase Agreement shall govern.

Waiver of Claims and Indemnity. To Except for the negligence of the Landlord, its beneficiaries and their respective agents and employees (but not to the extent that Tenant does not prohibited have insurance coverage with respect thereto), to the extent permitted by law, the Tenant releases the Landlord, its partnersbeneficiaries, and their respective agents and employees and their successors and assigns servants from, and waives all claims for, damage or injury to person or property sustained by the Tenant its successors and assigns or any occupant of the Building or Premises resulting from the Site, the Building or Premises or any part of any of them either or any equipment or appurtenance becoming out of repair, or resulting from any accident in or about the Site, the Building, or the Premises or resulting directly or indirectly from any act or neglect of any tenant or occupant of the Site or the Building, Building or of any other person, including other than Landlord's agents and employeesservants as provided above. This Section 18 Without limiting the generality of the foregoing, this Paragraph 14 shall include but not be limited to, apply to the flooding of basements or other subsurface areas, and to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipmentapparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, 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 Landlord or of other tenants, occupants or servants in the Building or of any other personperson (other than Landlord's agents and servants as provided above), and whether such damage be caused or result from any thing or circumstance circumstances above mentioned or referred to, or any other thing or circumstance whether of a like nature or of a wholly different nature. If any such damage, or injury whether to the Premises or to the Building or any part thereof, or whether to the Landlord or to other tenants in the Building, results from any act or neglect of the Tenant, its employees, agents, invitees and customers, the Tenant shall be liable therefor and the Landlord may, at the Landlord's option, repair such damage and the Tenant shall, upon demand by Landlord, reimburse the Landlord forthwith for the total cost of such repairs. The Tenant shall not be liable for any damage caused by its act or neglect if the Landlord or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against the Tenant. All property belonging to the Tenant or any occupant of the Premises that is in the building or the Premises shall be there at the risk of the Tenant or other person only, and the Landlord shall not be liable for damage thereto or theft or misappropriation thereof. Except for the negligence of the Landlord, its beneficiaries and their respective agents and employees, Tenant agrees to indemnify and save the Landlord, its partners beneficiaries, and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Tenant's occupancy occupation of 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 from any act or negligence of Tenant, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Landlord, its partners beneficiaries, or their respective agents or employees by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by retaining counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify and save Tenant, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act or negligence of Landlord, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant.

Waiver of Claims and Indemnity. To the extent not prohibited permitted by law, the Tenant ------------------------------ releases the Landlord, its partnersbeneficiaries, and their respective agents and employees and their successors and assigns servants from, and waives all claims for, damage or injury to person or property sustained by the Tenant its successors and assigns or any occupant of the Building, Complex or premises resulting from the SiteBuilding, the Building Complex or Premises premises or any part of any of them either or any equipment or appurtenance becoming out of repair, or resulting from any accident in or about the Site, the Building, Building or the Premises Complex or resulting directly or indirectly from any act or neglect of any tenant or occupant of the Site Building or the Building, Complex or of any other person, including Landlord's agents and employeesservants. This Section 18 shall include apply especially, but not be limited toexclusively, to the flooding of basements or other subsurface areas, and to damage caused by refrigerators, sprinkling devicesdevises, air-conditioning and/or electrical equipmentapparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, 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 the Landlord or of other tenants, occupants or servants in the Building or Complex or of any other person, and whether such damage be caused or result from any thing or circumstance above mentioned or referred to, or any other thing or circumstance whether of a like nature or of a wholly different nature. If any such damage, or injury whether to the demised Premises or to the Building or Complex or any part thereof, or whether to the Landlord or to other tenants in the BuildingBuilding or Complex, results from any act or neglect of the Tenant, its employees, agents, invitees and customers, the Tenant shall be liable therefor and the Landlord may, at the Landlord's option, repair such damage and the Tenant shall, upon demand by Landlord, reimburse the Landlord forthwith for the total cost of such repairs. The Tenant shall not be liable for any damage caused by its act or neglect if the Landlord or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against the Tenant. All property belonging to the Tenant or any occupant of the premises that is in the Building, the Complex or the premises shall be there at the risk of the Tenant or other person only, and the landlord shall not be liable for damage thereto or theft or misappropriation thereof. Tenant agrees to indemnify and save the Landlord, its partners beneficiaries, and their respective agents and employees harmless against any and all claimsclaim, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Tenant's occupancy of the Premises demised 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 from any act or negligence of Tenant, its agents, servants, employees or invitees, in or about the Premisesdemised premises. In case of any action or proceeding brought against Landlord, its partners beneficiaries, or their respective agents or employees by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify and save Tenant, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act or negligence of Landlord, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant.

Waiver of Claims and Indemnity. To Landlord and Tenant, to the extent not prohibited permitted by law, Tenant expressly, knowingly and voluntarily waive and release any and all claims it may have against the other party, and against the other party’s agents, employees and contractors, including, but not limited to, claims for theft or damage to property (including business interruption of Tenant’s Business) or loss of income. Moreover, Tenant, to the extent permitted by law, expressly, knowingly and voluntarily waives and releases any and all claims it may have against the Landlord, its partnersagents, and their respective agents and employees and their successors and assigns fromcontractors, and for injury to person sustained by the Tenant or by any occupant of the Premises, or by any other person, as a result of the acts or omissions of Landlord or Landlord’s employees, agents, or contractors, unless caused as a result of the negligence or willful misconduct of Landlord or its employees, agents, or contractors. Without limiting the foregoing, Tenant waives all any claims for, against Landlord arising from theft or damage or injury to person or property sustained by Tenant its successors and assigns resulting from the Site, the Building or Premises or as a result of any part of any of them the Property or any equipment or appurtenance appurtenances becoming out of repair, or resulting from any accident in or about the Site, the Building, or the Premises Property or resulting directly or indirectly from any act or neglect of any tenant or occupant of any part of the Site or the Building, Property or of any other person, including Landlord's agents and employees. This Section 18 provision shall include apply especially (but not be limited to, the flooding of basements or other subsurface areas, and exclusively) to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipment, water, snow, frost, weather, steam, excessive heat or cold, falling plaster, broken glass, sewage, electricity, gas, odors sewer gas or noiseodors, or by the bursting or leaking of pipes or plumbing fixtureswork, and shall apply equally whether any such damage results from the act or neglect of Landlord or of other tenants, occupants or servants in the Building or of any other person, and whether such damage be is caused or result from any thing occasioned by anything or circumstance above mentioned or referred to, or by any other thing or circumstance whether of a like nature or of a wholly different nature. If any such damage, or injury whether All personal property belonging to the Premises or to the Building Tenant or any occupant of the Premises that is in or on any part thereofof the Property shall be there at the risk of the Tenant or of such other person only, or whether to Landlord or to other tenants in and the Building, results from any act or neglect of TenantLandlord, its employees, agents, invitees agents and customers, Tenant shall be liable therefor and Landlord may, at Landlord's option, repair such damage and Tenant shall, upon demand by Landlord, reimburse Landlord forthwith for the total cost of such repairs. Tenant employees shall not be liable for any damage caused by its act thereto or neglect if Landlord for the theft or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against Tenantmisappropriation thereof. The Tenant agrees to indemnify hold the Landlord harmless and save Landlord, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, indemnified (including reasonable attorney's fees attorney fees) against claims and liability for the defense thereof, arising from Tenant's occupancy injuries to all persons and for damage to or loss of 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 from any act or negligence of Tenant, its agents, servants, employees or invitees, property occurring in or about the PremisesProperty, due to any act of negligence or default under this Lease by the Tenant, its contractors, agents, employees, invitees, or those on the Property by or through Tenant. In case Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to any party or person described in this paragraph. Tenant agrees that in the event Tenant shall have any claim against Landlord under the Lease or arising out of the subject matter of the Lease, as amended from time to time, Tenant’s sole recourse shall be against the Landlord’s interest in the Building, for the satisfaction of any action claim, judgment or proceeding brought against decree requiring the payment of money by Landlord as a result of a breach hereof or otherwise in connection with the Lease, and no other property or assets of Landlord, its partners successors or their respective agents assigns, shall be subject to the levy, execution or employees by reason other enforcement procedure for the satisfaction of any such claim, upon notice from Landlordjudgment, injunction or decree. Moreover, Tenant covenants to defend such action agrees that Landlord shall in no event and under no circumstances be responsible for any consequential damages incurred or proceeding sustained by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify and save Tenant, or its partners and their respective agents and employees harmless against any and all claimsemployees, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act or negligence of Landlord, its agents, servants, employees contractors or invitees, invitees as a result of or in or about any way connected to Tenant’s occupancy of the Premises. In case any and all claims against Landlord and its subsidiaries or any of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason an employee of the Tenant or anyone directly or indirectly employed by Tenant or anyone for whose acts Tenant may be liable, the indemnification obligation under this paragraph shall not be limited in any such claimway by any limitation on the amount or type of damages, upon notice from Tenantcompensation or benefits payable by or for the Tenant under workers’ compensation acts, disability benefit acts or other employee benefit acts. Tenant understands and acknowledges the significance and consequence of the waivers and indemnifications set forth herein. The indemnity and hold harmless obligations of the Tenant shall survive termination of this Lease. The Landlord covenants agrees to defend such action hold Tenant harmless and indemnified (including reasonable attorney fees) against claims and liability for injuries to all persons and for damage to or proceeding loss of Property occurring in or about Property, due to any act of negligence or default under this Lease by counsel reasonably satisfactory to Landlord, its contractors, agents, employees, invitees or those on the Property by or through Tenant.

Waiver of Claims and Indemnity. 16.1. To the extent not prohibited permitted by law, Tenant releases Landlord, its partners, and their respective agents and employees and their successors and assigns the Indemnitees from, and waives all claims for, damage or injury to person or property sustained by Tenant its successors and assigns resulting from the Site, or any occupant of the Building or Premises resulting directly or indirectly from any existing or future condition, defect, matter or thing in and about the Project, the Storage Space, the Premises or any part of any of them thereof or any equipment or appurtenance becoming out of repairtherein, or resulting from any accident in or about the SiteProperty, the Building, or the Premises or resulting directly or indirectly from any act or neglect of any tenant or occupant of the Site or the Building, Building or of any other person, including Landlord's agents ’s agents, except where resulting from the willful and employeeswrongful act of any of the Indemnitees or their negligence. This Section 18 shall include but not be limited toTenant hereby waives any consequential damages, the flooding compensation or claims for inconvenience or loss of basements business, rents, or other subsurface areas, and to profits as a result of such injury or damage unless caused by refrigeratorsLandlord’s or its employee’s, sprinkling devices, air-conditioning and/or electrical equipment, water, snow, frost, steam, excessive heat agent’s or cold, falling plaster, broken glass, 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 Landlord or of other tenants, occupants or servants in the Building or of any other person, and whether such damage be caused or result from any thing or circumstance above mentioned or referred to, or any other thing or circumstance whether of a like nature or of a wholly different naturecontractor’s willful negligent acts. If any such damage, or injury whether to the Premises Storage Space, the Premises, or to any part of the Building Property or any part thereof, or whether to Landlord or to other tenants in the Building, results from any act or neglect of Tenant, its employees, servants, agents, contractors, invitees and customers, Tenant shall will be liable therefor and Landlord may, at Landlord's ’s option, repair such damage and Tenant shallwill, upon demand by Landlord, as payment of Additional Rent hereunder, reimburse Landlord forthwith within 30 days of demand for the total cost of such repairs, in excess of amounts, if any, paid to Landlord under insurance covering such damages. Tenant shall will not be liable for any damage caused by its act acts or neglect if Landlord or a tenant has recovered the full amount of the damage from proceeds of insurance policies and the insurance company has waived its right of subrogation against Tenant. Tenant agrees to indemnify and save Landlord, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Tenant's occupancy of 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 from any act or negligence of Tenant, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Landlord, its partners or their respective agents or employees by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify and save Tenant, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act or negligence of Landlord, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant.

Waiver of Claims and Indemnity. To the extent not prohibited permitted by law, the Tenant releases the Landlord, its partnersbeneficiaries, and their respective agents agents, employees, mortgagees and employees and their successors and assigns partners (all of said parties are, for the purposes of this Paragraph 15 collectively referred to as "indemnitees") from, and waives all claims for, damage or injury to person or property sustained by the Tenant its successors and assigns or any occupant of the Building or premises resulting from the Site, the Building or Premises premises or any part of any of them either or any equipment or appurtenance becoming out of repair, or resulting from any accident in or about the Site, the Building, or the Premises or resulting directly or indirectly indirectly, from any act or neglect of any tenant or occupant of the Site or the Building, Building or of any other person, including Landlord's agents and employeesthe indemnitees. This Section 18 15 shall include apply especially, but not be limited toexclusively, to the flooding of basements or other subsurface areas, and to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipmentapparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, 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 Landlord or of other tenants, occupants or servants in the Building or of any other person, and whether such damage be caused or result from form any thing or circumstance above mentioned or referred to, or any other thing or circumstance whether of a like nature or of a wholly different nature, except if caused by Landlord's gross negligence or willful misconduct. If any such damage, or injury whether to the Premises demised premises or to the Building or any part thereof, or whether to the Landlord or to other tenants in the Building, results from any act or neglect of the Tenant, its employees, agents, invitees and customers, the Tenant shall be liable therefor and the Landlord may, at the Landlord's option, repair such damage and the Tenant shall, upon demand by the Landlord, reimburse the Landlord forthwith for the total cost of such repairs. The Tenant shall not be liable for any damage caused by its act or neglect if the Landlord or a tenant Tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against the Tenant. All property belonging to the Tenant or any occupant of the premises that is in the Building or the premises shall be there at the risk of the Tenant or other person only, and the Landlord shall not be liable for damage thereto or theft or misappropriation thereof. To the extent permitted by law, Xxxxxx agrees to indemnify and save Landlord, its partners and their respective agents and employees the indemnitees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from TenantXxxxxx's occupancy occupation of the Premises demised premises or from any breach or default on the part of the 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 from any act or negligence of Tenant, its agents, servants, employees or invitees, in or about the Premisesdemised premises. In case of any action or proceeding brought against Landlord, its partners or their respective agents or employees any indemnitees by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify and save Tenant, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act or negligence of Landlord, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant.

Waiver of Claims and Indemnity. To Tenant agrees that, to the extent not expressly prohibited by law, Tenant releases LandlordLandlord and its officers agents, its partners, and their respective agents servants and employees and their successors and assigns from, and waives all claims for, shall not be be liable for (nor shall rent xxxxx as a result of) any direct or consequential damage (including damage claimed for actual or injury constructive eviction) either to person or property sustained by Tenant Tenant, its successors and assigns resulting from the Siteemployees, agents, invitees or guests due to the Building or Premises any part thereof or any part of any of them or any equipment or appurtenance appurtenances thereof becoming out of repair, or resulting from due to the happening of any accident in or about the Site, the Building, or the Premises or resulting directly or indirectly from due to any act or neglect of any tenant or occupant of the Site or the Building, Building or of any other person, including unless caused by Landlord's agents and employeesintentional misconduct. This Section 18 provision shall include apply particularly (but not be limited to, the flooding of basements or other subsurface areas, and exclusively) to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipment, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, electricity, sewer gas or odors or noiseby the bursting, leaking or the bursting or leaking dripping of pipes or pipes, faucets and plumbing fixturesfixtures and windows, and shall apply equally whether any such damage results from without distinction as to the person whose act or neglect of Landlord or of other tenants, occupants or servants in was responsible for the Building or of any other person, damage and whether such the damage be was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind, unless caused or result from any thing or circumstance above mentioned or referred to, or any other thing or circumstance whether by Landlord's intentional misconduct. Tenant further agrees that all of a like nature or of a wholly different nature. If any such damage, or injury whether to Tenant's personal property in the Premises or to the Building or any part thereof, or whether to Landlord or to other tenants in the Building, results from any act or neglect of Tenant, its employees, agents, invitees and customers, Tenant shall be liable therefor at the risk of Tenant only and that Landlord may, at Landlord's option, repair such damage and Tenant shall, upon demand by Landlord, reimburse Landlord forthwith for the total cost of such repairs. Tenant shall not be liable for any loss or damage caused by its act thereto or neglect if Landlord or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against Tenanttheft thereof. Tenant agrees to shall protect, indemnify and save LandlordLandlord and its officers, its partners and their respective agents and employees harmless from and against any and all claimsobligations liabilities, demandscosts, costs damages, claims and expenses, including reasonable attorney's fees for the defense thereof, expenses of whatever nature arising from injury to persons or damage to property on the Premises or in or about the Building arising out of or in connection with Tenant's use or occupancy of the Premises or from any breach or default on the part of Tenant Tenant's activities in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this LeaseBuilding, or arising from any act or negligence of Tenant, or its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Landlord, its partners or their respective agents or employees by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify and save Tenant, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act or negligence of Landlord, its agentscontractors, servants, employees employees, or invitees, in or about the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant.

Waiver of Claims and Indemnity. To Tenant agrees that, to the extent not expressly prohibited by law, Tenant releases LandlordLandlord and its officers, its partnersagents, and their respective agents servants and employees and their successors and assigns from, and waives all claims for, shall not be liable for (nor shall rent xxxxx as a result of) any direct or consequential damage (including damage claimed for actual or injury constructive eviction) either to person or property sustained by Tenant Tenant, its successors and assigns resulting from servants, employees, agents, invitees or guests due to the Site, the Building or Premises Property or any part of any of them thereof or any equipment or appurtenance appurtenances thereof becoming out of repair, or resulting from due to the happening of any accident in or about the Site, the Buildingsaid Property, or the Premises or resulting directly or indirectly from due to any act or neglect of any tenant or occupant of the Site or the Building, said Property or of any other person, including Landlord's agents and employees. This Section 18 provision shall include apply particularly (but not be limited to, the flooding of basements or other subsurface areas, and exclusively) to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipment, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, electricity, sewer gas or odors or noiseby the bursting, leaking or the bursting or leaking dripping of pipes or pipes, faucets and plumbing fixturesfixtures and windows, and shall apply equally whether any such damage results from without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of Landlord the causes specifically enumerated above or to some other cause of other tenants, occupants an entirely different kind. Tenant further agrees that all of Tenant's personal property in the Premises or servants in the Building or of any other person, and whether such damage be caused or result from any thing or circumstance above mentioned or referred to, or any other thing or circumstance whether of a like nature or of a wholly different nature. If any such damage, or injury whether to on the Premises or to the Building or any part thereof, or whether to Landlord or to other tenants in the Building, results from any act or neglect of Tenant, its employees, agents, invitees and customers, Tenant Property shall be liable therefor at the risk of Tenant only and that Landlord may, at Landlord's option, repair such damage and Tenant shall, upon demand by Landlord, reimburse Landlord forthwith for the total cost of such repairs. Tenant shall not be liable for any loss or damage caused by its act thereto or neglect if Landlord or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against Tenanttheft thereof. Tenant agrees to shall protect, indemnify and save LandlordLandlord and its officers, its partners and their respective agents agents, servants and employees harmless from and against any and all claimsobligations, demandsliabilities, costs costs, damages, claims and expenses, including reasonable attorney's fees for the defense thereof, expenses of whatever nature arising from injury to persons or damage to property on the Premises or in or about the Building arising out of or in connection with Tenant's use or occupancy of the Premises or from any breach or default on the part of Tenant Tenant's activities in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this LeaseBuilding, or arising from any act or negligence of Tenant, or its agents, contractors, servants, employees, or invitees but excluding the gross negligence of Landlord, or its agents, contractors, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Landlord, its partners or their respective agents or employees by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify and save Tenant, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees Any claim for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to which indemnity is afforded shall be performed pursuant made to the terms of this Leaseindemnitor by indemnitee in a reasonably prompt manner, or but any delay in notifying the indemnitor shall not affect the protection except for losses from any act or negligence of Landlord, its agents, servants, employees or invitees, the indemnitee's delay in or about notifying the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenantindemnitor.

Waiver of Claims and Indemnity. To the extent not prohibited permitted by law, the Tenant releases the Landlord, its partnersrespective agents, beneficiaries, employees, mortgagees and their respective agents and employees and their successors and assigns partners (all of said parties are, for the purposes of this Section 16 collectively referred to as "Indemnitees") from, and waives all claims for, damage or injury to person or property sustained by the Tenant its successors and assigns or any occupant of the Building or Premises resulting from the Site, the Building or Premises or any part of any of them either or any equipment or appurtenance becoming out of repair, or resulting from any accident in or about the SiteBuilding or Premises, the Building, or the Premises or resulting directly or indirectly from any act or neglect of any tenant or occupant of the Site or the Building, Building or of any other person, including Landlord's agents and employeesthe Indemnitees. This Section 18 16 shall include apply especially, but not be limited toexclusively, to the flooding of basements or other subsurface areas, and to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipmentapparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, 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 Landlord or of other tenants, occupants or servants in the Building or of any other person, and whether such damage be caused or result from any thing anything or circumstance above mentioned or referred to, or any other thing or circumstance whether of a like nature or of a wholly different nature, except if caused by Landlord's gross negligence or willful misconduct. If any such damage, or injury whether to the Premises or to the Building or any part thereof, or whether to the Landlord or to other tenants in the Building, results from any an act or neglect of the Tenant, its employees, agents, invitees and customers, the Tenant shall be liable therefor and the Landlord may, at the Landlord's option, repair such damage and the Tenant 94 shall, upon demand by the Landlord, reimburse the Landlord forthwith for the total cost of such repairs. The Tenant shall not be liable for any damage caused by its act or neglect if the Landlord or a tenant Tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against the Tenant. All property belongings to the Tenant or any occupant of the Premises that is in the Building or the Premises shall be there at the risk of the Tenant or other person only, and the Landlord shall not be liable for damage thereto or theft or misappropriation thereof unless caused by Landlord's gross negligence or willful misconduct. To the extent permitted by law, Tenant agrees to indemnify and save Landlord, its partners and their respective agents and employees the Indemnitees harmless against any and all claims, liabilities, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Tenant's occupancy occupation of the Premises or from any breach or default on the part of the 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 from any act or negligence of Tenant, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Landlord, its partners or their respective agents or employees any Indemnitee by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant and Landlord. Landlord agrees to indemnify and save Tenant, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act or negligence of Landlord, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant.

Waiver of Claims and Indemnity. To Tenant agrees that, to the extent not expressly prohibited by law, Tenant releases LandlordLandlord and its officers, its partnersagents, servants, and their respective agents and employees and their successors and assigns from, and waives all claims for, shall not be liable for (nor shall rent abate as a result of) any direct ox xxxsequential damage (including damage claimed for actual or injury constructive eviction) either to person or property sustained by Tenant Tenant, its successors and assigns resulting from the Siteservants, employees, agents, invitees, or guests due to the Building or Premises any part or any part of any of them or any equipment or appurtenance appurtenances thereof becoming out of repair, or resulting from due to the happening of any accident in or about the Site, the said Building, or the Premises or resulting directly or indirectly from due to any act or neglect of any tenant or occupant of the Site or the Building, said Building or of any other person, including Landlord's agents and employees. This Section 18 provision shall include apply particularly (but not be limited to, the flooding of basements or other subsurface areas, and exclusively) to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipment, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, sewer gas or odors or noiseby the bursting, leaking, or the bursting or leaking dripping of pipes or pipes, faucets, and plumbing fixtures, and shall apply equally whether any such damage results from without distinction as to the person whose act or neglect of Landlord or of other tenants, occupants or servants in was responsible for the Building or of any other persondamage, and whether such the damage be caused was due to any of the causes specifically enumerated above or result from any thing or circumstance above mentioned or referred to, or any to some other thing or circumstance whether cause of a like nature or an entirely different kind. Tenant further agrees that all of a wholly different nature. If any such damage, or injury whether to Tenant's personal property in the Premises or to the Building or any part thereof, or whether to Landlord or to other tenants in the Building, results from any act or neglect of Tenant, its employees, agents, invitees and customers, Tenant shall be liable therefor at the risk of Tenant only, and that Landlord may, at Landlord's option, repair such damage and Tenant shall, upon demand by Landlord, reimburse Landlord forthwith for the total cost of such repairs. Tenant shall not be liable for any damage caused by its act thereto or neglect if Landlord or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against Tenanttheft thereof. Tenant agrees to indemnify and save LandlordTENANT AGREES TO PROTECT, its partners and their respective agents and employees harmless against any and all claimsINDEMNIFY, demandsAND SAVE LANDLORD AND ITS OFFICERS, costs and expensesAGENTS, including reasonable attorney's fees for the defense thereofSERVANTS, arising from Tenant's occupancy of 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 LeaseAND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, or from any act or negligence of TenantDAMAGES, its agentsAND EXPENSES ARISING FROM INJURY TO PERSONS OR DAMAGE TO PROPERTY ON THE PREMISES, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Landlord, its partners or their respective agents or employees by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify and save Tenant, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act or negligence of Landlord, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to TenantOR IN OR ABOUT THE BUILDING ARISING OUT OF OR IN CONNECTION WITH TENANT'S USE OR OCCUPANCY OF THE PREMISES OR TENANT'S ACTIVITIES IN THE BUILDING.

Waiver of Claims and Indemnity. (a) To the extent not prohibited permitted by law, the Tenant releases the Landlord, its partnersbeneficiaries, and their respective agents agents, employees, contractors mortgagees and employees and their successors and assigns partners (all of said parties are, for the purposes of this Section 15 collectively referred to as indemnities) from, and waives all claims for, damage or injury to person or property sustained by the Tenant its successors and assigns or any occupant of the Building or Premises resulting from the Site, the Building or Premises or any part of any of them either or any equipment or appurtenance becoming out of repair, or resulting from any accident in or about the SiteBuilding except if caused by Landlord’s or its employee’s, the Building, agent’s or the Premises contractor’s gross negligence or resulting directly or indirectly from any act or neglect of any tenant or occupant of the Site or the Building, or of any other person, including Landlord's agents and employeeswillful misconduct. This Section 18 15 shall include apply especially, but not be limited toexclusively, to the flooding of basements or other subsurface areas, and to damage caused by refrigerators, sprinkling devices, air-conditioning and/or electrical equipmentapparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, 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 Landlord or of other tenants, occupants or servants in the Building or of any other person, and whether such damage be caused or result from any thing or circumstance above mentioned or referred to, or any other thing or circumstance whether of a like nature or of a wholly different nature, except if caused by Landlord’s or its employee’s, agent’s or contractor’s gross negligence or willful misconduct. If any such damage, or injury whether to the Premises or to the Building or any part thereof, or whether to the Landlord or to other tenants in the Building, results from any act or neglect of the Tenant, its employees, agents, invitees and customers, subject to Section 12, the Tenant shall be liable therefor and the Landlord may, at the Landlord's ’s option, repair such damage and the Tenant shall, upon demand by the Landlord, reimburse the Landlord forthwith for the total cost of such repairs. All property belonging to the Tenant or any occupant of the Premises that is in the Building or the Premises shall be there at the risk of the Tenant or other person only, and the Landlord shall not be liable for any damage caused by its act thereto or neglect if Landlord theft or a tenant has recovered the full amount of the damage from insurance and the insurance company has waived its right of subrogation against Tenant. Tenant agrees to indemnify and save Landlord, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense misappropriation thereof, arising from Tenant's occupancy of 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 from any act or negligence of Tenant, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Landlord, its partners or their respective agents or employees by reason of any such claim, upon notice from Landlord, Tenant covenants to defend such action or proceeding by counsel reasonably satisfactory to Landlord. Landlord agrees to indemnify and save Tenant, its partners and their respective agents and employees harmless against any and all claims, demands, costs and expenses, including reasonable attorney's fees for the defense thereof, arising from Landlord's letting of the Premises to Tenant or from any breach or default on the part of Landlord in the performance of any covenant or agreement on the part of Landlord to be performed pursuant to the terms of this Lease, or from any act or negligence of Landlord, its agents, servants, employees or invitees, in or about the Premises. In case of any action or proceeding brought against Tenant, its partners or their respective agents or employees by reason of any such claim, upon notice from Tenant, Landlord covenants to defend such action or proceeding by counsel reasonably satisfactory to Tenant.