Common use of Waiver of Claims; Indemnification Clause in Contracts

Waiver of Claims; Indemnification. To the extent not prohibited by law, Landlord shall not be liable for, and Landlord is hereby released by Tenant from all liability for, any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in, on or about the Property, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon receiving and holding areas, or elsewhere in, on or about the Property, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Txxxxx agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of the acts of Tenant or any subtenant or the servants, agents, employees, contractors, suppliers, workmen and invitees of Tenant or any subtenant. Txxxxx agrees to indemnify and save harmless, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related to (a) Tenant’s use or occupancy of the Premises or the conduct of its business, or any activity, work, or thing, permitted or suffered by Tenant, in, on or about the Premises or the Property, (b) Any occurrence, in, on or about the Premises, (c) Any breach or default on Tenant’s part in the performance or observance of, or compliance with, any term, covenant or condition on Tenant’s part to be performed pursuant to the terms of this Lease, or (d) Any act or negligence of Tenant or any subtenant, or any of their respective agents, contractors, servants, employees, invitees or licensees, whether or not the fault or negligence of Landlord, or of the agents, contractors, servants, employees, invitees or licensees of Landlord (whether or not occurring before or after the execution of this Lease), contributed thereto or was the cause thereof, and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Landlord may suffer or incur in connection with any such claim and any action or proceeding brought with respect thereto. In the event that any action or proceeding shall be brought by reason of any such claim, against any party to be indemnified hereunder, Tenant covenants that Tenant, upon notice from such party and at Txxxxx’s expense, shall resist and defend such action or proceeding by counsel reasonably satisfactory to such party. All of Tenant’s obligations under this Paragraph 12, and any and all sums due from Tenant hereunder shall survive the expiration or termination of this Lease.

Waiver of Claims; Indemnification. To the extent not prohibited by law, Landlord and except for damage caused by the gross negligence or wilful acts of Landlord, its agents, contractors or employees, Landlord, its partners and their respective officers, agents, servants and employees shall not be liable for, and Landlord is hereby released by Tenant from all liability for, for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in, on in or about the PropertyBuilding, or due to any act or neglect of any tenant or occupant of the Building Building, including the Premises or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon loading docks, receiving and holding areas, or elsewhere in, on or about freight elevators of the PropertyBuilding, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereofthereof, Txxxxx Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties (including but not limited to the officers, agents, contractors and business associates of Tenant) arising out of Tenant's use and occupancy of the Premises or the acts or omissions of Tenant (whether or any subtenant not such acts or the omissions constitute a violation of applicable law or of this Lease) and its servants, agents, employees, contractors, suppliers, workmen workers and invitees of Tenant or any subtenant. Txxxxx agrees to indemnify and save harmless, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related to (a) Tenant’s use or occupancy of the Premises or the conduct of its business, or any activity, work, or thing, permitted or suffered by Tenant, in, on or about the Premises or the Property, (b) Any occurrence, in, on or about the Premises, (c) Any breach or default on Tenant’s part in the performance or observance of, or compliance with, any term, covenant or condition on Tenant’s part to be performed pursuant to the terms of this Lease, or (d) Any act or negligence of Tenant or any subtenant, or any of their respective agents, contractors, servants, employees, invitees or licensees, whether or not the fault or negligence of Landlord, or of the agents, contractors, servants, employees, invitees or licensees of Landlord (whether or not occurring before or after the execution of this Lease), contributed thereto or was the cause thereof, and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Landlord may suffer or incur in connection with any such claim and any action or proceeding brought with respect thereto. In the event that any action or proceeding shall be brought by reason of any such claim, against any party to be indemnified hereunder, Tenant covenants that Tenant, upon notice from such party and at Txxxxx’s expense, shall resist and defend such action or proceeding by counsel reasonably satisfactory to such party. All of Tenant’s obligations under this Paragraph 12, and any and all sums due from Tenant hereunder shall survive the expiration or termination of this Leaseinvitees.

Waiver of Claims; Indemnification. To In addition to and without limiting or being limited by any other releases or waivers of claims in this Lease, but rather in confirmation and furtherance thereof, but subject to the mutual waiver of subrogation and Tenant's rights of abatement in Sections 8.5, 9.3(A) and Article 13, and to the extent not prohibited by law, Tenant hereby expressly releases Landlord and agrees that Landlord and Landlord's respective officers, agents, directors, shareholders, servants, beneficiaries of Landlord (if Landlord is a land trust) and employees (collectively, the "Released Parties") shall not be liable for, and Landlord is hereby released by Tenant from all liability for, for any damage either to person or property or for damages (direct, consequential or otherwise) resulting from the loss of use thereof of property sustained by Tenant or by other persons claiming through Tenant due to the Property Land or the Building or any part thereof or any appurtenances thereof thereto becoming out of repair, repair or due to the happening or of any damage, accident or event in, on in or about the PropertyLand or the Building, including the Leased Premises, or due to any act or neglect of any tenant or occupant of the Land or the Building or of any other personperson unless any of the foregoing is due, in whole or in part, directly or indirectly, to the negligence or willful misconduct of Landlord or any Landlord Party. This Without limiting the generality of the foregoing, this provision shall apply particularlyto personal injury, but not exclusivelydeath, to damage caused by property damage, loss, conversion, theft, robbery, assault, battery, mayhem, murder, gas, electricity, snow, frost, ice, hail, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, or by noise, smoke or odors, or by falling plaster, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind, unless the same was due to the negligence or willful misconduct of Landlord or any Landlord Party. Tenant further agrees that all personal property of Tenant located in or upon the Premises, or upon Leased Premises receiving and holding areas, or elsewhere in, on freight elevators of the Land or about the PropertyBuilding, shall be at the risk of Tenant only, only and that Landlord shall not be liable for any loss or damage thereto or theft thereofor conversion thereof and Tenant hereby completely releases and exculpates Landlord therefrom. Without limitation of any other provisions hereof, Txxxxx but subject to the limitations contained in Section 12.2, and except as otherwise prohibited by law, Tenant agrees to defend, protect, indemnify and save hold Landlord harmless Landlord from and against any and all actual and direct loss, cost, damage, expense, fine, penalty, lien, claim, cause of action, injuries to persons or damage to or theft or misappropriation or loss of property and liability to third parties (including, without limitation, attorneys' fees and court costs) and damages incurred by Landlord arising out of, related to or in connection with Tenant's use, maintenance, repair and occupancy of the acts Leased Premises and the Building or negligence or willful misconduct of Tenant (whether or any subtenant not such negligence or the willful misconduct constitute a violation of applicable law), its servants, agents, employees, representatives, contractors, suppliers, workmen and invitees of Tenant suppliers or any subtenant. Txxxxx agrees to indemnify and save harmless, and upon request defend, Landlord against and workers or from any and all claims by or on behalf of any person, arising out of or related to (a) Tenant’s use or occupancy of the Premises or the conduct of its business, or any activity, work, or thing, permitted or suffered by Tenant, in, on or about the Premises or the Property, (b) Any occurrence, in, on or about the Premises, (c) Any breach or default on Tenant’s the part of Tenant in the performance or observance of, or compliance with, of any term, covenant or condition agreement on Tenant’s the part of Tenant to be performed pursuant to the terms of this Lease. Notwithstanding anything herein to the contrary, or (d) Any act but subject to the limitations contained in Section 12.2, Landlord shall not be indemnified from liability for damage or injury to persons or property caused by or resulting from the negligence or wanton misconduct of Tenant Landlord or any subtenantLandlord Party. To the extent not prohibited by law, and subject to Section 12.2, Landlord agrees to hold harmless and indemnify Tenant and Tenant's agents, partners, shareholders, members, officers, directors, beneficiaries and employees (collectively, the "Indemnitees") from any losses, damages, judgments, claims, expenses, costs and liabilities imposed upon or incurred by or asserted against the Indemnitees, including without limitation reasonable attorneys' fees and court costs) for death or injury to, or any of their respective agentsdamage to the property of, contractorsthird parties, servantsother than the Indemnitees, employees, invitees that may arise from the negligence or licensees, whether or not the fault or negligence of Landlord, or of the agents, contractors, servants, employees, invitees or licensees willful misconduct of Landlord (whether or Landlord Parties. Such third parties shall not occurring before or after the execution be deemed third party beneficiaries of this Lease). If any action, contributed thereto or was the cause thereof, and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Landlord may suffer or incur in connection with any such claim and any action suit or proceeding is brought with respect thereto. In against any of the event that any action or proceeding shall be brought Indemnitees by reason of the negligence or willful misconduct of Landlord or any such claimLandlord Parties, against any party to be indemnified hereunderthen Landlord will, Tenant covenants that Tenant, upon notice from such party at Landlord's expense and at Txxxxx’s expensethe option of said Indemnitees, shall resist and defend such action action, suit or proceeding by counsel reasonably satisfactory to such party. All of Tenant’s obligations under this Paragraph 12, and any and all sums due from Tenant hereunder shall survive the expiration or termination of this Leaseproceeding.

Waiver of Claims; Indemnification. To (a) Tenant agrees that, to the extent not prohibited by law, Landlord and its beneficiaries, and their officers, agents and employees shall not be liable for, and Landlord is hereby released by Tenant from all liability for, for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property Office Building or any part thereof or any appurtenances appurtenance thereof becoming out of repair, or due to the happening or of any accident or event in, on in or about the PropertyOffice Building, or due to any act or neglect of any tenant or occupant of the Office Building or of any other person. This provision shall apply particularly, particularly (but not exclusively, ) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, sprinklers and plumbing fixtures and windowsfixtures, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kindnature. Tenant further agrees that all personal property of Tenant upon the Premises, Premises or upon loading docks, receiving and holding areas, elevators or elsewhere in, on or about other common areas of the Property, Office Building shall be at the risk of Tenant only, and that the Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Txxxxx . (b) Tenant agrees to defend, protect, indemnify and save harmless Landlord and its beneficiaries, and their respective agents and employees, of and from and against (i) all liability to third parties arising out of the acts of Tenant or any subtenant or the and its servants, agents, employees, contractors, suppliers, workmen and invitees of Tenant or any subtenant. Txxxxx agrees to indemnify and save harmlessinvitees, and upon request defend, Landlord against and from (ii) any and all claims by or on behalf of any personloss, damage, liability cost and expense, including reasonable attorneys' fees, arising out of or related to (a) from Tenant’s 's use or occupancy occupation of the Premises or the conduct of its business, or from any activity, work, or thing, permitted or suffered by Tenant, in, on or about the Premises or the Property, (b) Any occurrence, in, on or about the Premises, (c) Any breach or default on Tenant’s the part of Tenant in the performance or observance of, or compliance with, of any term, covenant or condition agreement on Tenant’s the part of Tenant to be performed pursuant to the terms of this Lease, or (d) Any or from any act or negligence of Tenant or any subtenantTenant, or any of their respective its agents, contractors, servantssuppliers, employees, invitees or licensees, whether or not the fault or negligence of Landlord, or of the agents, contractorsworkmen, servants, employeesemployees or invitees, invitees in or licensees about the Premises. In case of Landlord (whether or not occurring before or after the execution of this Lease), contributed thereto or was the cause thereof, and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Landlord may suffer or incur in connection with any such claim and any action or proceeding brought with respect thereto. In the event that any action against Landlord or proceeding shall be brought its beneficiaries, or their respective agents or employees by reason of any such claim, against any party to be indemnified hereunder, Tenant covenants that Tenant, upon notice from such party and Landlord, Tenant covenants, at Txxxxx’s its expense, shall resist and to defend such action or proceeding by counsel reasonably satisfactory to such party. All of Tenant’s obligations under this Paragraph 12, and any and all sums due from Tenant hereunder shall survive the expiration or termination of this LeaseLandlord.

Waiver of Claims; Indemnification. To Except for the extent not negligence or willful acts of the Landlord, its agents, contractors or employees and except as otherwise prohibited by lawlaw (but subject in all events to the provisions of Paragraph 12A of this Lease), Landlord Landlord, its partners, its managing agent, Landlord's lessor, any mortgagee, the MTA and their respective officers, agents, servants and employees shall not be liable for, and Landlord is hereby released by Tenant from all liability for, for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in, on in or about the PropertyOffice Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other personperson or entity. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon loading docks, receiving and holding areas, or elsewhere in, on or about freight elevators of the Property, Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Txxxxx Tenant agrees to defend, protect, indemnify and save harmless Landlord Landlord, Landlord's lessor, any mortgagee and the MTA from and against all liability to third parties arising which arose (or which were claimed to have arisen) within or without the Premises (except if the same arose out of the negligence or wilfull misconduct of Landlord, its agents, contractors or employees) or which arose out of acts or omissions of Tenant or any subtenant or the and its servants, agents, employees, contractors, suppliers, workmen and invitees of Tenant workers or any subtenant. Txxxxx agrees to indemnify and save harmless, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related to (a) Tenant’s use or occupancy of the Premises or the conduct of its business, or any activity, work, or thing, permitted or suffered by Tenant, in, on or about the Premises or the Property, (b) Any occurrence, in, on or about the Premises, (c) Any breach or default on Tenant’s part in the performance or observance of, or compliance with, any term, covenant or condition on Tenant’s part to be performed pursuant to the terms of this Lease, or (d) Any act or negligence of Tenant or any subtenant, or any of their respective agents, contractors, servants, employees, invitees or licensees, whether or not the fault or negligence of Landlord, or of the agents, contractors, servants, employees, invitees or licensees of Landlord (whether or not occurring before or after the execution of this Lease), contributed thereto or was the cause thereof, and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Landlord may suffer or incur in connection with any such claim and any action or proceeding brought with respect thereto. In the event that any action or proceeding shall be brought by reason of any such claim, against any party to be indemnified hereunder, Tenant covenants that Tenant, upon notice from such party and at Txxxxx’s expense, shall resist and defend such action or proceeding by counsel reasonably satisfactory to such party. All of Tenant’s obligations under this Paragraph 12, and any and all sums due from Tenant hereunder shall survive the expiration or termination of this Leaseinvitees.

Waiver of Claims; Indemnification. To the extent not prohibited by lawlaw and except for the negligence or willful misconduct of Landlord, its agents or employees (but subject in all events to the provisions of Section 10 hereof), Landlord and Landlord's members, managers, partners, affiliates, officers, agents, servants and employees shall not be liable for, and Landlord is hereby released by Tenant from all liability for, for any damage either to person person, property or property business or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in, on in or about the PropertyBuilding, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and and, except as otherwise expressly provided herein or prohibited by law (but subject in all events to the provisions of Section 10 hereof), shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon loading docks, receiving and holding areas, or elsewhere in, on or about freight elevators of the PropertyBuilding, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Txxxxx Tenant agrees to defend, protect, indemnify and save harmless Landlord and Landlord's members, managers, partners, affiliates, officers, agents, servants and employees from and against all liability to third parties arising out of the use of the Premises or acts of Tenant or any subtenant or the its servants, agents, employees, contractors, suppliers, workmen workers or invitees, but only to the extent that such liability is not covered by the proceeds of insurance required to be maintained by Landlord pursuant to Section 10 hereof. Except to the extent caused by the negligence or willful misconduct of Tenant, its officers, agents, servants and invitees of Tenant or any subtenant. Txxxxx employees, Landlord agrees to defend, protect, indemnify and save harmlessharmless Tenant and its partners, affiliates, officers, agents, servants and upon request defend, Landlord employees from and against and from any and all claims by or on behalf of any person, liability to third parties arising out of or related to (a) Tenant’s use or occupancy in connection with Landlord's ownership and operation of the Premises Building or the conduct of its business, or any activity, work, or thing, permitted or suffered by Tenant, in, on or about the Premises or the Property, (b) Any occurrence, in, on or about the Premises, (c) Any breach or default on Tenant’s part Landlord's activities in the performance Building or observance ofarising from any act of Landlord or its servants, or compliance withagents, any term, covenant or condition on Tenant’s part to be performed pursuant to the terms of this Lease, or (d) Any act or negligence of Tenant or any subtenant, or any of their respective agentsemployees, contractors, servantssuppliers, employeesworkers or invitees, invitees or licensees, whether or but only to the extent that such liability is not covered by the fault or negligence proceeds of Landlord, or of the agents, contractors, servants, employees, invitees or licensees of Landlord insurance required to be maintained by Tenant pursuant to Section 10 hereof (whether or not occurring before or after the execution of this Leasesuch insurance is in fact so maintained by Tenant), contributed thereto or was the cause thereof, and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Landlord may suffer or incur in connection with any such claim and any action or proceeding brought with respect thereto. In the event that any action or proceeding shall be brought by reason of any such claim, against any party to be indemnified hereunder, Tenant covenants that Tenant, upon notice from such party and at Txxxxx’s expense, shall resist and defend such action or proceeding by counsel reasonably satisfactory to such party. All of Tenant’s obligations under this Paragraph 12, and any and all sums due from Tenant hereunder shall survive the expiration or termination of this Lease.

Waiver of Claims; Indemnification. To the extent not prohibited by law, Landlord Landlord, Amerimar Realty Management Co.-Colorado (herein "Agent") and their respective officers, directors, partners, agents, servants and employees shall not be liable for, and Landlord is it and they are hereby released by Tenant from all liability for, any damage either to person or property or resulting from the loss of use thereof or any other loss, or any death, sustained by Tenant or by other persons claiming through Tenant due to the Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in, on or about the Property, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord Landlord, Agent or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon loading docks, receiving and holding areas, or elsewhere in, on or about the Property, shall be at the risk of Tenant only, and that neither Landlord nor Agent, nor their partners, directors or officers, shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Txxxxx Tenant agrees to defend, protect, indemnify and save harmless Landlord and Agent, and their respective partners, officers, directors and employees, from and against all liability to third parties arising out of the acts or omissions of Tenant or any subtenant or the servants, agents, employees, contractors, suppliers, workmen and invitees of Tenant or any subtenant. Txxxxx Subject to the release provided under Paragraph 10(d) above, Tenant agrees to indemnify and save harmless, and upon request request, defend, Landlord Landlord, Agent, and their respective partners, directors, officers and employees (herein called "indemnitees") against and from any and all claims by or on behalf of any person, arising out of or related to: (a) Tenant’s 's use or occupancy of the Premises or the conduct of its business, or any activity, work, or thing, permitted or suffered by Tenant, in, on or about the Premises or the Property,; (b) Any occurrence, any occurrence in, on or about the Premises,; (c) Any any breach or default on Tenant’s 's part in the performance or observance of, or compliance with, any term, covenant or condition on Tenant’s 's part to be performed pursuant to the terms of this Lease, ; or (d) Any subject, depending on the laws of the State of Colorado, either to the doctrine of comparative negligence or to the doctrine of contributory negligence, any act or negligence of Tenant or any subtenant, or any of their respective agents, contractors, servants, employees, invitees or licensees, whether or not the fault or negligence of Landlord, or of the agents, contractors, servants, employees, invitees or licensees of Landlord (whether or not occurring before or after the execution of this Lease), contributed thereto or was the cause thereof, and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Landlord or any other indemnitee may suffer or incur in connection with any such claim and any action or proceeding brought with respect thereto. In the event that any action or proceeding shall be brought by reason of any such claim, against any party to be indemnified hereunder, Tenant covenants that Tenant, upon notice from such party and at Txxxxx’s Tenant's expense, shall resist and defend such action or proceeding by counsel reasonably satisfactory to such party. All of Tenant’s obligations Subject to the release provided under this Paragraph 1210(d) above, Landlord agrees to indemnify and save harmless, and upon request, defend, Tenant against and from any and all sums due claims by or on behalf of third parties occurring in or about the Building (excluding the Premises) arising out of or related to any willfully wrong or negligent act of Landlord, subject, depending on the law of the State of Colorado, either to the doctrine of comparative negligence or to the doctrine of contributory negligence, and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Tenant may suffer or incur in connection with any such claim and any action or proceeding brought with respect thereto. In the event that any action or proceeding shall be brought by reason of such claim, against Tenant, Landlord covenants that Landlord, upon notice from Tenant hereunder and at Landlord's expense, shall survive the expiration resist and defend such action or termination of this Leaseproceeding by counsel reasonably satisfactory to Tenant.

Waiver of Claims; Indemnification. (a) To the extent not prohibited by law, Landlord, Agent and their respective officers, directors, partners, agents, contractors, licensees, servants and employees (each (including Landlord), a "Landlord Related Party" and collectively, the "Landlord Related Parties") shall not be liable for, and Landlord is it and they are hereby released by Tenant from all liability for, any damage either to person or property or resulting from the loss of use thereof or any other loss, or any death, sustained by Tenant or by other persons claiming through Tenant due to the Property and (to the extent any of the Parking Spaces are located within the Denver Place Parking Garage) the Denver Place Parking Garage or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in, on or about the PropertyProperty and (to the extent any of the Parking Spaces are located within the Denver Place Parking Garage) the Denver Place Parking Garage, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision , except to the extent such loss, damage, liability or obligation results from the negligence or willful misconduct of any Landlord Related Party, and except that with respect to occurrences in or the condition of the Premises or the Parking Garages, the foregoing reference to "negligence or misconduct" is changed to "gross negligence or willful misconduct" shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon loading docks, receiving and holding areas, or elsewhere in, on or about the PropertyProperty and (to the extent any of the Parking Spaces are located within the Denver Place Parking Garage) the Denver Place Parking Garage, shall be at the risk of Tenant only, and that no Landlord Related Party shall not be liable for any loss or damage thereto or theft thereof. Without limitation thereof except for its negligence or willful misconduct, but if the personal property is located in the Premises or Parking Garages, the foregoing reference to "negligence or willful misconduct" is changed to "gross negligence or willful misconduct". (b) Except to the extent caused by the gross negligence or willful misconduct of the Landlord Related Parties (but if the location of the conduct is outside of the Premises or the Parking Garages, then notwithstanding any other provisions hereofprovision of this subparagraph (b) to the contrary, Txxxxx agrees the foregoing reference to defend"gross negligence or willful misconduct" is changed to ''negligence or willful misconduct"), protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of the acts of Tenant or any subtenant or the servants, agents, employees, contractors, suppliers, workmen and invitees of Tenant or any subtenant. Txxxxx agrees to indemnify and save harmless, and upon request defendrequest, defend the Landlord Related Parties against and from any and all claims by or on behalf of any person, arising out of or related to: (ai) Tenant’s 's use or occupancy of the Premises or the conduct of its business, or any activity, work, or thing, permitted or suffered by Tenant, in, on or about the Premises Premises, or any conduct of Tenant on the Property,; (bii) Any occurrence, any occurrence in, on or about the Premises,, but excluding any injury or damage outside of the Premises which is attributable to such occurrence in, on or about the Premises; (ciii) Any any breach or default on Tenant’s 's part in the performance or observance of, or compliance with, any term, covenant or condition on Tenant’s 's part to be performed pursuant to the terms of this Lease, ; or (div) Any act any willful misconduct or gross negligence of Tenant or any subtenant, or any of their respective agents, contractors, servants, employees, invitees employees or licensees, whether or not the fault or negligence of Landlord, or of any other indemnitee or of the agents, contractors, servants, employees, invitees or licensees of Landlord or any Landlord Related Party, (whether or not occurring before or after the execution of this Lease), contributed thereto or was the cause thereof, and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Landlord or any other Landlord Related Party may suffer or incur in connection with any such claim and any action or proceeding brought with respect thereto. In the event that any action or proceeding shall be brought by reason of any such claim, against any party to be indemnified hereunder, Tenant covenants that Tenant, upon notice from such party and at Txxxxx’s Tenant's expense, shall resist and defend such action or proceeding by counsel reasonably satisfactory to such party. All . (c) Except to the extent caused by the gross negligence or willful misconduct of Tenant’s obligations under this Paragraph 12, its partners, directors, officers, employees, servants, contractors and licensees (each (including Tenant) a "Tenant Related Party" and collectively, the "Tenant Related Parties"), Landlord agrees to indemnify and save harmless, and upon request, defend the Tenant Related Parties against and from any and all sums due from claims by or on behalf of any person, arising out of or related to: (i) any occurrence in, on or about any portion of the Building other than the Premises, the Parking Garage, and (to the extent any of the Parking Spaces are located in the Denver Place Parking Garage) the Denver Place Parking Garage; (ii) any willful misconduct or gross negligence of any Landlord Related Party, whether or not the fault or negligence of Tenant, or of any other indemnitee or of the agents, contractors, servants, employees, invitees or licensees of Tenant hereunder shall survive or any Tenant Related Party (whether or not occurring before or after the expiration or termination execution of this Lease), contributed thereto or was the cause thereof, and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Tenant or any other Tenant Related Party may suffer or incur in connection with any such claim and any action or proceeding brought with respect thereto. In the event that any action or proceeding shall be brought by reason of any such claim, against any party to be indemnified hereunder, Landlord covenants that Landlord, upon notice from such party and at Landlord's expense, shall resist and defend such action or proceeding by counsel reasonably satisfactory to such party. (d) To the extent not prohibited by law, the Tenant Related Parties shall not be liable for, and it and they are hereby released by Landlord from all liability for, any damage either to person or property or resulting from the loss of use thereof or any other loss, or any death, sustained by Landlord or by other persons claiming through Landlord due to the Property (with the exception of the Premises) and (to the extent any of the Parking Spaces are located within the Denver Place Parking Garage) the Denver Place Parking Garage or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of any accident or event in, on or about the Property (with the exception of the Premises) and (to the extent any of the Parking Spaces are located within the Denver Place Parking Garage) the Denver Place Parking Garage, or due to any act or neglect of Landlord or any occupant of the Building or of any other person, except to the extent such loss, damage, liability or obligation results from the gross negligence or willful misconduct of any Tenant Related Party.

Waiver of Claims; Indemnification. (a) To the extent not prohibited by law, Landlord and its parent and affiliated corporations, its and their partners, venturers, directors, officers, agents, servants and employees shall not be liable for, and Landlord is hereby released by Tenant from waives all liability claims for, any damage either damages to person or property property, or resulting from the loss of use thereof thereof, or any loss of profits or damages from business interruption, sustained by Tenant or by other persons claiming through Tenant Tenant's officers, agents, servants or employees due to the Property Building or the Complex or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in, on in or about the PropertyBuilding or Complex, or due to any act or neglect of any tenant or occupant of the Building or Complex or of any other person. This provision shall apply particularly, particularly (but not exclusively, ) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures fixtures, and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon loading docks, receiving and holding areas or parking areas, of the Building or elsewhere in, on or about the PropertyComplex, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereofhereof and to the extent not prohibited by law, Txxxxx Tenant agrees to defend, protect, indemnify indemnity and save harmless Landlord and its parent and affiliated corporations, its and their partners, venturers, directors, officers, agents, servants and employees from and against all liability fines, suits, costs, demands, actions, judgments, claims, liabilities, losses, damages or expenses ("Liabilities") made or asserted against or incurred by an Indemnitee and attributable to third parties arising out the negligence, willful misconduct or breach of the acts of this Lease by Tenant or any subtenant or the its officers, servants, agents, employees, contractors, suppliers, workmen and invitees of Tenant or any subtenantinvitees. Txxxxx agrees to indemnify and save harmless, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related to (a) Tenant’s use or occupancy of the Premises or the conduct of its business, or any activity, work, or thing, permitted or suffered by Tenant, in, on or about the Premises or the Property, (b) Any occurrence, in, on or about the Premises, (c) Any breach or default on Tenant’s part in the performance or observance of, or compliance with, any term, covenant or condition on Tenant’s part to be performed pursuant to the terms of this Lease, or (d) Any act or negligence of Tenant or any subtenant, or any of their respective agents, contractors, servants, employees, invitees or licensees, whether or not the fault or negligence of Landlord, or of the agents, contractors, servants, employees, invitees or licensees of Landlord (whether or not occurring before or after the execution of this Lease), contributed thereto or was the cause thereof, and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Landlord may suffer or incur in connection with If any such claim and any action or proceeding is brought with respect thereto. In the event that any action or proceeding shall be brought by reason of any such claim, against any party to be indemnified hereunderan Indemnitee, Tenant covenants that Tenant, upon notice from such party and at Txxxxx’s expense, shall resist and defend such action or proceeding by will retain counsel reasonably satisfactory to such party. All of Landlord to defend the Indemnitee at Tenant’s obligations under this Paragraph 12, and any and all sums due from Tenant hereunder shall survive the expiration or termination of this Lease.'s sole cost and

Waiver of Claims; Indemnification. To the extent not prohibited by law, neither Landlord nor its partners, affiliates, officers, agents, servants and employees shall not be liable for, and Landlord is hereby released by Tenant from all liability for, for any damage either to person person, property or property business or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in, on in or about the PropertyBuilding, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon loading docks, receiving and holding areas, or elsewhere in, on or about freight elevators of the PropertyBuilding, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereofthereof, Txxxxx Tenant agrees to defend, protect, indemnify and save harmless Landlord and its partners, affiliates, officers, agents, servants and employees from and against all liability to third parties arising out of the use of the Premises or acts of Tenant or its servants, agents, employees, contractors, suppliers, workers or invitees. Notwithstanding the foregoing, Tenant does not release and shall not be required to indemnify the Indemnitees with respect to damage, loss or liability resulting from the Indemnitees' negligence or willful misconduct. Further, Landlord agrees to defend, protect, indemnify and save harmless Tenant and its partners, affiliates, officers, agents, servants and employees from and against all liability to third parties arising out of the acts of Tenant Landlord or any subtenant or the servantsits partners, affiliates, officers, agents, employees, contractors, suppliers, workmen and invitees of Tenant or any subtenant. Txxxxx agrees to indemnify and save harmless, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related to (a) Tenant’s use or occupancy of the Premises or the conduct of its business, or any activity, work, or thing, permitted or suffered by Tenant, in, on or about the Premises or the Property, (b) Any occurrence, in, on or about the Premises, (c) Any breach or default on Tenant’s part in the performance or observance of, or compliance with, any term, covenant or condition on Tenant’s part to be performed pursuant to the terms of this Lease, or (d) Any act or negligence of Tenant or any subtenant, or any of their respective agents, contractors, servants, employees, invitees employees or licensees, whether or not the fault or negligence of Landlord, or of the agents, contractors, servants, employees, invitees or licensees of Landlord (whether or not occurring before or after the execution of this Lease), contributed thereto or was the cause thereof, and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Landlord may suffer or incur in connection with any such claim and any action or proceeding brought with respect thereto. In the event that any action or proceeding shall be brought by reason of any such claim, against any party to be indemnified hereunder, Tenant covenants that Tenant, upon notice from such party and at Txxxxx’s expense, shall resist and defend such action or proceeding by counsel reasonably satisfactory to such party. All of Tenant’s obligations under this Paragraph 12, and any and all sums due from Tenant hereunder shall survive the expiration or termination of this Leaseinvitees.

Waiver of Claims; Indemnification. (a) To the extent not prohibited by law, Landlord shall not be liable for, and Landlord is hereby released by Tenant from all liability for, any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in, on or about the Property, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon receiving and holding areas, or elsewhere in, on or about the Property, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Tenant acknowledges and agrees that the parties have carefully analyzed all risks to persons and property associated with this Lease and Tenant's occupation of the Premises and that the parties have sought to have all such risks protected by adequate insurance. Accordingly, each party has the burden to maintain specific types of insurance as provided in Paragraph 10 above and the parties have allocated the risks among such insurance policies as provided by the mutual waiver in Paragraph 10(d) above. Thus, to the extent permitted by law, and to the extent covered by insurance (or required pursuant to this lease to be covered by insurance), the foregoing waivers in this Paragraph 12 (a) shall apply to liability, damage, loss or claims arising out of or in connection with the negligence or wilful misconduct of Landlord, its agents, employees, contractors and invitees (without limitation to the application of the foregoing waivers to all other circumstances not involving the negligence or wilful misconduct of Landlord, its agents, employees, contractors and invitees). (b) Without limitation of any other provisions hereof, Txxxxx Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of the acts of Tenant or any subtenant or the servants, agents, employees, contractors, suppliers, workmen and invitees of Tenant or any subtenant. Txxxxx Tenant agrees to indemnify and save harmless, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related to (a) Tenant’s 's use or occupancy of the Premises or the conduct of its business, or any activity, work, or thing, permitted or suffered by Tenant, in, on or about the Premises or the Property, (b) Any any occurrence, in, on or about the Premises, (c) Any any breach or default on Tenant’s 's part in the performance or observance of, or compliance with, any term, covenant or condition on Tenant’s 's part to be performed pursuant to the terms of this Lease, or (d) Any any act or negligence of Tenant or any subtenant, or any of their respective agents, contractors, servants, employees, invitees or licensees, whether or not the fault or negligence of Landlord, or of the agents, contractors, servants, employees, invitees or licensees of Landlord (whether or not occurring before or after the execution of this Lease), contributed thereto or was the cause thereof, ,and from and against all costs, counsel fees, expenses, expenses penalties, fines and liabilities which Landlord may suffer or incur in connection with any such claim and any action or proceeding brought with respect thereto. In the event that any action or proceeding shall be brought by reason of any such claim, against any party to be indemnified hereunder, Tenant covenants that Tenant, upon notice from such party and at Txxxxx’s Tenant's expense, shall resist and defend such action or proceeding by counsel reasonably satisfactory to such party. Without limiting the generality of the foregoing, Tenant specifically acknowledges that the indemnity undertaking herein shall apply to the transportation, use, storage, maintenance, generation, manufacturing, handling, disposal, release or discharge by Tenant of any Hazardous Material (as defined in Paragraph 28 below). All of Tenant’s 's obligations under this Paragraph 12, and any and all sums due from Tenant hereunder shall survive the expiration or termination of this Lease. Notwithstanding anything in this Paragraph 12(b) to the contrary, Tenant shall not be obligated to indemnify Landlord with respect to claims arising out of Landlord's negligence or wilful misconduct except, and to the extent, such indemnity is covered by Tenant's liability insurance. (c) Except with respect to liabilities, costs and claims that are waived pursuant to Paragraphs 10(d) or 12(a) above, Landlord agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out of or related to any negligence or wilful misconduct of Landlord or any of its agents, contractors, servants or employees and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Tenant may suffer or incur in connection with any such claim and any action or proceeding brought with respect thereto. All of Landlord's obligations under this Paragraph 12(c) and any and all sums due from Landlord hereunder shall survive the expiration or termination of this Lese.

Waiver of Claims; Indemnification. To Subject to the extent not prohibited by lawterms and Provisions of Paragraph 8 hereof requiring Landlord to make certain repairs and/or replacements, Landlord shall not be liable forto Tenant or its employees, and Landlord is hereby released by Tenant from all liability foragents, servants or other invitees or guests or to any third party for any damage either to person or property or property, whether resulting from the loss of use thereof or otherwise, sustained by Tenant or by other persons claiming through Tenant due in whole or in part to the Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or occurrence of any act, neglect, accident or event inon the Property or any part thereof, on or about including, without limitation, the PropertyLeased Premises, or due to any act or neglect of any tenant or occupant of the Building Property or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by or from gas, electricity, snow, frost, ice, rain, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant stored or placed upon the Leased Premises, or being delivered to or from the Leased Premises, and upon loading docks, receiving and holding areas, freight elevators, or elsewhere in, on or about other areas of the Property, shall be at the risk of Tenant only, and that the Landlord shall not be liable for any loss or damage thereto or theft thereofthereto. Without limitation of any other provisions hereof, Txxxxx Tenant agrees to defend, protect, indemnify and save harmless Landlord Landlord,, and its Affiliates, partners, and partners of such partners, officers and directors, agents and employees from and against all loss, damage or liability to third parties arising out of the acts of Tenant incurred by Tenant, or any subtenant or the servantsof its Affiliates, agents, employees, contractors, subcontractors, suppliers, workmen and invitees of Tenant or guests, or by any subtenant. Txxxxx agrees other persons or entities, in connection with the Leased Premises and, to indemnify and save harmlessthe extent, and upon request defendonly the extent, Landlord against and from any and all claims such loss, damage or liability is caused by the negligence or on behalf wilful misconduct of any person, arising out of or related to (a) Tenant’s use or occupancy of the Premises or the conduct of its business, or any activity, work, or thing, permitted or suffered by Tenant, in, on or about the Premises or the Property, (b) Any occurrence, in, on or about the Premises, (c) Any breach or default on Tenant’s part in the performance or observance of, or compliance with, any term, covenant or condition on Tenant’s part to be performed pursuant to the terms of this Lease, or (d) Any act or negligence of Tenant or any subtenant, or any of their respective its Affiliates, agents, employees, contractors, servantssubcontractors, employeessuppliers, invitees or licenseesguests, whether in any way related to the Property. Tenant also recognizes it will not be entitled to any abatement or not diminution of any Rent as a result of any of the fault foregoing occurrences, except as otherwise expressly provided herein to the contrary, nor shall the same release Tenant from its obligations hereunder or constitute an eviction. Notwithstanding the foregoing in this Xxxxxxxxx 00, Xxxxxxxx agrees to defend, protect, indemnify and save harmless Tenant from and against liability incurred by Tenant and its officers, directors, Affiliates, agents and employees of Tenant) to the extent, and only the extent, the damage to person or property described in the first sentence of this Paragraph 13, or any loss, damage or theft described in the third sentence of this Paragraph 13, is caused by the negligence or wilful misconduct of Landlord, or any of the its Affiliates, agents, employees, contractors, servantssubcontractors, employeessuppliers, invitees or licensees of Landlord (whether or not occurring before or after the execution of this Lease), contributed thereto or was the cause thereof, and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Landlord may suffer or incur in connection with any such claim and any action or proceeding brought with respect thereto. In the event that any action or proceeding shall be brought by reason of any such claim, against any party to be indemnified hereunder, Tenant covenants that Tenant, upon notice from such party and at Txxxxx’s expense, shall resist and defend such action or proceeding by counsel reasonably satisfactory to such party. All of Tenant’s obligations under this Paragraph 12, and any and all sums due from Tenant hereunder shall survive the expiration or termination of this Leaseguests.

Waiver of Claims; Indemnification. To the extent not prohibited by law, Landlord shall not be liable for, and Landlord is hereby released by Tenant from all liability for, any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in, on or about the Property, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and shall apply without distinction as to the person (whether Landlord or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon receiving and holding areas, or elsewhere in, on or about the Property, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions hereof, Txxxxx Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of the acts of Tenant or any subtenant or the servants, agents, employees, contractors, suppliers, workmen and invitees of Tenant or any subtenant. Txxxxx To the extent covered by the insurance required to be maintained by Tenant pursuant to this Lease (plus any deductible amounts), Tenant agrees to indemnify and save harmless, and upon request defend, Landlord against and from any and all claims by or on behalf of any person, arising out of or related to (a) Tenant’s 's use or occupancy of the Premises or the conduct of its business, or any activity, work, or thing, permitted or suffered by Tenant, in, on or about the Premises or the Property, (b) Any any occurrence, in, on or about the Premises, (c) Any any breach or default on Tenant’s 's part in the performance or observance of, or compliance with, any term, covenant or condition on Tenant’s 's part to be performed pursuant to the terms of this Lease, or (d) Any any act or negligence of Tenant or any subtenant, or any of their respective agents, contractors, servants, employees, invitees or licensees, whether or not the fault or negligence of Landlord, or of the agents, contractors, servants, employees, invitees or licensees of Landlord (whether or not occurring before or after the execution of this Lease), contributed thereto or was the cause thereof, and from and against all costs, counsel fees, expenses, penalties, fines and liabilities which Landlord may suffer or incur in connection with any such claim and any action or proceeding brought with respect thereto. In the event that any action or proceeding shall be brought by reason of any such claim, against any party to be indemnified hereunder, Tenant covenants that Tenant, upon notice from such party and at Txxxxx’s Tenant's expense, shall resist and defend such action or proceeding by counsel reasonably satisfactory to such party. All of Tenant’s 's obligations under this Paragraph 12, and any and all sums due from Tenant hereunder shall survive the expiration or termination of this Lease.