Common use of Waiver of Liability Clause in Contracts

Waiver of Liability. (a) All personal Property of TENANT (for the purpose of this Section, the Term "TENANT" shall include TENANT, its AGENTS, employees, contractors, visitors, guests and invitees) contained in the Premises or the Building shall be and remain there at the sole risk of TENANT. LANDLORD and/or its AGENTS and employees shall not be liable for any accident or damage to Property of TENANT resulting from the use or operation of elevators, heating, cooling, electrical or plumbing apparatus, water, steam, or any other cause; nor shall they be liable for any personal injury to TENANT arising from the use, occupancy and/or condition of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees shall not be liable to TENANT for any loss, damage or injury to person or Property, whether or not caused by their negligence, to the extent that TENANT is compensated therefore by TENANT'S insurance. TENANT shall indemnify and hold LANDLORD and its AGENTS and employees harmless from all loss, damage, liability, cost or expense incurred, suffered, or claimed by any person or entity by reason of injury, loss, or damage to any person, Property or business resulting from any default hereunder by TENANT, or from TENANT'S willful act, negligence or negligent or unlawful use of the Premises or the Property or anything therein, including water, steam, electricity, or other facilities or equipment. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted by TENANT in the Premises, and shall not be liable for any accident or injury to any person or Property which are caused by the conduct and operation of TENANT'S business. TENANT agrees to indemnify and hold harmless LANDLORD, its AGENTS and employees, against all such claims.

Waiver of Liability. (a) All personal Property of TENANT (for the purpose of this Section, the Term "TENANT" shall include TENANT, its AGENTS, employees, contractors, visitors, guests and invitees) contained in the Premises or the Building shall be and remain there at the sole risk of TENANT. LANDLORD and/or its AGENTS and employees shall not be liable for any accident or damage to Property of TENANT resulting from the use or operation of elevators, heating, cooling, electrical or plumbing apparatus, water, steam, or any other cause; nor shall they be liable for any personal injury to TENANT arising from the use, occupancy and/or condition of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees shall not be liable to TENANT for any loss, damage or injury to person or Property, whether or not caused by their negligence, to To the extent that TENANT any loss or damage described in this paragraph is actually compensated therefore for by TENANT'S insurance. TENANT shall indemnify insurance provided for in this Lease, but only to that extent, LESSOR and hold LANDLORD LESSEE each hereby releases the other and its AGENTS respective employees, agents, and employees harmless from all lossevery person claiming by, damage, liability, cost or expense incurred, sufferedthrough, or claimed under either of them, and LESSEE hereby releases each other tenant in the Shopping Center of which the premises are a part, and the employees and agents thereof, from any and all liability or responsibility (to the other or anyone claiming by, through, or under them by way of subrogation or otherwise), for any person or entity by reason of injury, loss, loss or damage to any personproperty (real or personal) owned by or belonging to LESSOR, Property or business resulting from any default hereunder by TENANTLESSEE, their respective employees, agents and every person claiming by, through, or from TENANT'S willful actunder either of them (whether by subrogation or otherwise) caused by fire or any other insured peril covered by any insurance policy(s) for the benefit of any party, even if such loss or damage shall have been caused by the fault or negligence of another party, its employees or negligent or unlawful use agents. LESSOR and LESSEE further agree that in the event of a sale of the Premises Shopping Center by LESSOR, the hereinabove waiver of subrogation shall continue in favor of the original LESSOR hereinunder and likewise as to any subsequent lessor, as well as in favor of that lessor which, at the time the casualty occurs, may be the lessor under this Lease, so long as the respective insurance policies of LESSOR and LESSEE so permit. LESSOR and LESSEE agree, upon request of the other party, to furnish evidence of such waiver of liability to such other party. All policies of insurance written to insure all buildings, parking and common areas, service and delivery areas, improvements, contents, and all other such property (real or personal) shall contain a proper provision, by endorsement or otherwise, whereby the Property insurance carriers issuing the same shall acknowledge that the insured has so waived and released its right of recovery against the other party or anything thereinparties hereto and such other tenants and shall waive the right of subrogation which such carrier might otherwise have had against such other party or parties and such other tenants, including water, steam, electricity, all without impairment or other facilities or equipment. (b) LANDLORD and/or its AGENTS invalidation of such insurance. The provisions of this paragraph shall be equally binding upon and employees assume no liability or responsibility whatsoever with respect inure to the conduct benefit of any permitted assignee or sublessee of LESSEE. LESSOR and operation LESSEE agree that the foregoing waiver of subrogation shall continue in effect so long as insurance is obtainable and includable with permission to grant such waiver of subrogation without extra cost, or, if such extra cost is chargeable therefor, so long as the other party pays such extra cost. If an extra cost is chargable therefor, each party will advise the other thereof and of the business to be conducted by TENANT in amount thereof. The other party, at its election, may pay the Premises, and same but shall not be liable for any accident or injury obligated to any person or Property which are caused by do so. If the conduct and operation of TENANT'S business. TENANT agrees other party elects not to indemnify and hold harmless LANDLORDpay such extra cost, its AGENTS and employees, against all the first party shall not be obligated to waive such claimssubrogation rights.

Waiver of Liability. (a) All personal Property Landlord shall not be liable for, and Tenant hereby waives all claims against Landlord with respect to, any death or injury of TENANT (any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever; or for any loss or damage or injury to any property outside or within the purpose Premises belonging to Tenant or its employees, agents, customers, licensees, invitees, guests or any other person, except to the extent that, in either event, such injury or damage is caused by the gross negligence or willful misconduct of Landlord, its employees or agents. Without limiting the generality of the waiver of liability contained in this Section, the Term "TENANT" shall include TENANT, its AGENTS, employees, contractors, visitors, guests and invitees) contained in the Premises or the Building shall be and remain there at the sole risk of TENANT. LANDLORD and/or its AGENTS and employees Landlord shall not be liable for any accident damage of any nature whatsoever to persons or damage to Property property caused by explosion, fire or theft; by breakage of TENANT resulting from the use or operation of elevatorsany sprinkler, heating, cooling, electrical drainage or plumbing apparatussystems; by failure for any cause to supply adequate drainage; by the interruption of any utility or other service; by steam, gas, water, steamrain or other substances leaking, issuing or flowing into any part of the Premises; by acts of God or the elements, acts of public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority; by repair, maintenance or alteration of any part of the Building or the Project (including any repair, maintenance or work of construction performed by Tenant), or by anything done or omitted to be done by any other cause; nor shall they be liable for any personal injury to TENANT arising from tenant, occupant or person in the useBuilding or the Project, occupancy and/or condition of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees shall not be liable to TENANT for any loss, damage or injury to person or Property, whether or not caused by their negligence, except to the extent that TENANT is compensated therefore by TENANT'S insurance. TENANT shall indemnify and hold LANDLORD and its AGENTS and employees harmless from all loss, damage, liability, cost or expense incurred, suffered, or claimed by any person or entity by reason of injury, loss, or damage to any person, Property or business resulting from any default hereunder by TENANT, or from TENANT'S willful act, negligence or negligent or unlawful use of the Premises or the Property or anything therein, including water, steam, electricity, or other facilities or equipment. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect to the conduct and operation of the business to foregoing shall be conducted by TENANT in the Premises, and shall not be liable for any accident or injury to any person or Property which are caused by the conduct and operation gross negligence or willful misconduct of TENANT'S business. TENANT agrees to indemnify and hold harmless LANDLORDLandlord, its AGENTS and employees or agents. Notwithstanding the foregoing, in no event shall Landlord be liable or responsible in any way for any loss of business by Xxxxxx, lost profits of Tenant or any other consequential damages of Tenant or its employees, against all such claimsagents, customers, licensees, invitees, guests or any other person, regardless of the cause therefor.

Waiver of Liability. Neither Landlord nor any of its Indemnitees shall be liable or responsible in any way for, and Tenant hereby waives all claims against the Indemnitees with respect to or arising out of (a) All personal Property any death or any injury of TENANT any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever except to the extent such injury or death is caused by the gross negligence or willful misconduct of the Indemnitees; or (for b) any loss or damage or injury to any property outside or within the purpose of this Section, the Term "TENANT" shall include TENANT, Premises belonging to Tenant or its AGENTS, employees, contractorsagents, visitorscustomers, licensees, invitees, guests or any other person; except to the extent such injury or damage is to property not covered by insurance carried (or required to be carried) by Tenant and invitees) contained in is caused by the Premises gross negligence or willful misconduct of the Building Indemnitees. Subject to the foregoing, none of the Indemnitees shall be and remain there at the sole risk of TENANT. LANDLORD and/or its AGENTS and employees shall not be liable for any accident damage or damage damages of any nature whatsoever to Property of TENANT resulting from the use persons or operation of elevatorsproperty caused by explosion, heatingfire, coolingtheft or breakage, electrical by sprinkler, drainage or plumbing apparatussystems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, steamrain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any other cause; nor damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. In addition, none of the Indemnitees shall they be liable for any personal injury loss or damage for which Tenant is required to TENANT arising from the useinsure, occupancy and/or condition of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees shall not be liable to TENANT for any loss, damage or injury to person or Property, whether or not caused by their negligence, to the extent that TENANT is compensated therefore by TENANT'S insurance. TENANT shall indemnify and hold LANDLORD and its AGENTS and employees harmless from all loss, damage, liability, cost or expense incurred, suffered, or claimed by any person or entity by reason of injury, loss, or damage to any person, Property or business resulting from any default hereunder by TENANTconstruction, alterations or from TENANT'S willful act, negligence or negligent or unlawful use of the Premises or the Property or anything therein, including water, steam, electricity, or other facilities or equipmentrepair. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted by TENANT in the Premises, and shall not be liable for any accident or injury to any person or Property which are caused by the conduct and operation of TENANT'S business. TENANT agrees to indemnify and hold harmless LANDLORD, its AGENTS and employees, against all such claims.

Waiver of Liability. (a) All personal Property of TENANT (Sublandlord shall not be liable to Subtenant and Subtenant hereby waives all claims against Sublandlord for any loss, injury, or other damage to person or property in or about the purpose of this Section, the Term "TENANT" shall include TENANT, its AGENTS, employees, contractors, visitors, guests and invitees) contained in the Subleased Premises or the Building from any cause whatsoever, including without limitation, water leakage of any character from any walls, basement or other portion of the Subleased Premises or the Building, or gas, fire, explosion or other electricity within the Subleased Premises or the Building or acts of other tenants of the Building: provided, however, that the foregoing waiver shall be inapplicable to any loss, injury or damage resulting from the gross negligence or willful or criminal misconduct of Sublandlord or Sublandlord’s breach of any covenant hereunder. Subtenant expressly assumes all responsibility for security, in, on or about the Subleased Premises, and remain there at the sole risk of TENANT. LANDLORD and/or its AGENTS and employees Sublandlord shall not be liable for any accident or damage to Property of TENANT resulting from goods, wares, merchandise or other property located in the use Subleased Premises, or operation of elevatorsinjury or death to Subtenant’s employees, heatinginvitees, cooling, electrical or plumbing apparatus, water, steam, customers or any other cause; nor shall they be liable for any personal injury to TENANT arising from person in or about the use, occupancy and/or condition Subleased Premises. The foregoing waiver includes criminal acts of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees shall not be liable to TENANT for any loss, damage or injury to person or Property, whether or not caused by their negligence, to the extent that TENANT is compensated therefore by TENANT'S insurance. TENANT shall indemnify and hold LANDLORD and its AGENTS and employees harmless from all loss, damage, liability, cost or expense incurred, suffered, or claimed by any person or entity by reason of injury, loss, or damage to any person, Property or business resulting from any default hereunder by TENANT, or from TENANT'S willful act, negligence or negligent or unlawful use of the Premises or the Property or anything therein, including water, steam, electricity, or other facilities or equipmentthird parties. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted by TENANT in the PremisesExcept as otherwise provided, and Sublandlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall it constitute a constructive eviction of Tenant, nor shall the rental herein reserved be abated by reason of: (i) the installation use, or interruption of use of any equipment in connection with the furnishing of any of the services described in Section 9 of the Master Lease (as incorporated by Section 12.3 of this Sublease), (ii) failure to furnish or delay in furnishing any such services (or the Office Services described in Section 7 above) when such delay is caused by accident or injury to any person condition beyond the reasonable control of Sublandlord or Property which are caused by the conduct and operation making of TENANT'S business. TENANT agrees reasonable repairs or improvements to indemnify and hold harmless LANDLORDthe Subleased Premises or to the Building, its AGENTS and employeesor (iii) the limitation curtailment, against all such claimsrationing or restriction on use of water, electricity, gas or any other utility or similar company serving the Subleased Premises or the Building.

Waiver of Liability. Neither Landlord nor any of its Indemnitees shall be liable or responsible in any way for, and Tenant hereby waives all claims against the Indemnitees with respect to or arising out of (a) All personal Property any death or any injury of TENANT any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee or agent of Tenant or any other person, from any causes whatsoever except to the extent such injury or death is caused by or arising from the negligence or willful misconduct of the Indemnitees; or (for b) any loss or damage or injury to any property outside or within the purpose of this Section, the Term "TENANT" shall include TENANT, Premises belonging to Tenant or its AGENTS, employees, contractorsagents, visitorslicensees or invitees; except to the extent such injury or damage is to property not covered by insurance carried (or required to be carried) by Tenant and is caused by or arises from the negligence or willful misconduct of the Indemnitees. Subject to the foregoing and the terms of Section 11.2, guests and invitees) contained in none of the Premises or the Building Indemnitees shall be and remain there at the sole risk of TENANT. LANDLORD and/or its AGENTS and employees shall not be liable for any accident damage or damages of any nature whatsoever to persons or property caused by explosion, fire, theft or breakage, by sprinkler, drainage or plumbing systems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, rain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to Property of TENANT be done by any tenant, occupant or person in the Building; provided, however, that the Indemnitees shall be liable for property damage and personal injury resulting from the use negligence or operation willful misconduct of elevatorsthe Indemnitees. In addition, heatingsubject to the terms of Section 11.2, cooling, electrical or plumbing apparatus, water, steam, or any other cause; nor none of the Indemnitees shall they be liable for any personal injury loss or damage for which Tenant is required to TENANT arising from the useinsure, occupancy and/or condition of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees shall not be liable to TENANT for any loss, damage or injury to person or Property, whether or not caused by their negligence, to the extent that TENANT is compensated therefore by TENANT'S insurance. TENANT shall indemnify and hold LANDLORD and its AGENTS and employees harmless from all loss, damage, liability, cost or expense incurred, suffered, or claimed by any person or entity by reason of injury, loss, or damage to any person, Property or business resulting from any default hereunder construction, alterations or repair, unless any such loss or damage is caused by TENANT, or arises from TENANT'S willful act, the negligence or negligent or unlawful use willful misconduct of the Premises or the Property or anything therein, including water, steam, electricity, or other facilities or equipmentIndemnitees. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted by TENANT in the Premises, and shall not be liable for any accident or injury to any person or Property which are caused by the conduct and operation of TENANT'S business. TENANT agrees to indemnify and hold harmless LANDLORD, its AGENTS and employees, against all such claims.

Waiver of Liability. (a) All Tenant agrees that all fixtures, equipment, merchandise, inventory and other personal Property property of TENANT (for the purpose Tenant or any of this Section, the Term "TENANT" shall include TENANT, its AGENTS, employees, subtenants or any of its or their contractors, visitorssubcontractors, guests and inviteeslicensees or invitees or the agents or employees of any of the foregoing (each, a “Releasing Party”) contained which may at any time now or in the future be in the Leased Premises or other portions of the Building Property shall be and remain maintained there at the such Releasing Parties’ sole risk of TENANTrisk. LANDLORD and/or its AGENTS and employees shall not be liable for any accident or damage to Property of TENANT resulting from the use or operation of elevators, heating, cooling, electrical or plumbing apparatus, water, steam, or any other cause; nor shall they be liable for any personal injury to TENANT arising from the use, occupancy and/or condition of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees Landlord shall not be liable to TENANT any Releasing Party for any lossdamage to said property, or for loss or damage now or hereafter suffered by the business or occupation of any Releasing Party caused in any manner whatsoever except to the extent such damage or injury to person or Property, whether or not loss shall have been solely caused by their negligenceLandlord’s gross negligence or willful misconduct, it being agreed that all Releasing Parties shall obtain and at all times maintain adequate insurance, or shall make other arrangements for its own benefit against any loss or damage. In no event shall Landlord have any liability to Tenant or any other Releasing Party for breach of the terms of this Lease or any other liability to a Releasing Party of any kind whatsoever for damage to property or consequential damages of any kind or nature, including business interruption or loss of profits, irrespective of the negligence or other fault of Landlord. In no event shall Tenant be entitled to claim constructive eviction by reason of any act or omission caused other than solely by reason of the gross negligence or willful misconduct of Landlord preventing any reasonable use of the Leased Premises beyond such period as may be required for Landlord to correct any condition in order to provide such reasonable use, it being understood however that an insured casualty shall not in any event be the basis for a claim of constructive eviction, and any right of Tenant to terminate this Lease as a result of such casualty (regardless of the fault of Landlord in connection therewith) shall be governed solely by Article VIII of this Lease. In addition to the foregoing, in no event shall Landlord have any liability whatsoever by reason of any condition of the Property which is not generally regarded in the commercial office building industry in the Pittsburgh, Pennsylvania, metropolitan area as of the Effective Date as unreasonably hazardous or as creating any unreasonable risk to the health or safety of occupants of the Property or any portion thereof, notwithstanding that subsequent changes in law, technical knowledge or commercial office building industry practices may indicate that such condition may be hazardous or may create such an unreasonable risk. Tenant acknowledges that it shall be solely responsible to maintain insurance which may be available to cover the risks referred to in this Section and to cause all Releasing Parties to maintain such insurance, to the extent that TENANT is compensated therefore by TENANT'S insurance. TENANT shall indemnify available, and hold LANDLORD and its AGENTS and employees harmless from all loss, damage, liability, cost or expense incurred, suffered, or claimed by any person or entity by reason of injury, loss, or damage to any person, Property or business resulting from any default hereunder by TENANT, or from TENANT'S willful act, negligence or negligent or unlawful use of the Premises or the Property or anything therein, including water, steam, electricity, or other facilities or equipment. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect agree to the conduct and operation terms of the business to be conducted by TENANT in the Premises, and shall not be liable for any accident or injury to any person or Property which are caused by the conduct and operation of TENANT'S business. TENANT agrees to indemnify and hold harmless LANDLORD, its AGENTS and employees, against all such claimsthis Section.

Waiver of Liability. (a) All personal Property The Lessee irrevocably waives any recourse or claim against the Lessor or its insurers for any disturbance and/or loss of TENANT (use originating from third parties and shall personally seek redress against the wrongdoer, with the Lessor subrogating it in its rights for this purpose. The Lessee shall further waive any claim against the purpose Lessor, except in the case of this Sectionintentional or gross fault of the latter: - in the case of theft or any criminal act or attempt or any assault of which the Lessee, the Term "TENANT" shall include TENANT, its AGENTS, his employees, contractorscustomers or visitors or all occupants could be victims while on the Leased Premises, visitors, guests and invitees) contained whereby the Lessor does not assume any duty to conduct surveillance; - in the Premises or the Building shall be and remain there at the sole risk case of TENANT. LANDLORD and/or its AGENTS and employees shall not be liable for any accident or damage to Property of TENANT resulting from the use or operation of elevators, heating, cooling, electrical or plumbing apparatus, water, steam, or any other cause; nor shall they be liable for any personal injury to TENANT arising from the use, occupancy and/or condition of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees shall not be liable to TENANT for any loss, damage or injury to person or Property, whether or not caused by their negligence, to the extent that TENANT is compensated therefore by TENANT'S insurance. TENANT shall indemnify and hold LANDLORD and its AGENTS and employees harmless from all loss, damage, liability, cost or expense incurred, suffered, or claimed by any person or entity by reason of injury, loss, or damage to any person, Property or business resulting from any default hereunder by TENANT, or from TENANT'S willful act, negligence or negligent or unlawful use malfunction of the Premises or the Property or anything therein, including various services and shared facilities (water, steamgas, electricity, heating) or in the case of an interruption, even extended, in the operation of elevating devices - in the case of damage caused to the Leased Premises and/or any movable items or equipment therein, as a result of leaks, seepage, moisture or other facilities or equipment. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect circumstances; - in case of acts giving rise to liability, originating from any third parties; - in the conduct and operation case of accidents occurring on the Leased Premises during the course of the business lease, regardless of the cause; the Lessee shall therefore take for his personal account and his entire responsibility any civil liability arising in respect of either his staff or the Lessor or third parties, without the Lessor capable of being disturbed or pursued on this account; - In the case of material or immaterial loss, the Lessee shall make it his personal affair to be conducted by TENANT obtain redress against the perpetrator of any material and immaterial loss and in particular any disorder or loss of use, with the Lessor subrogating it in its rights for this purpose. In the case of administrative or legal proceedings brought against the Lessor because of the activities or the presence of the Lessee in the Leased Premises, and shall not be liable for any accident or injury to any person or Property which are caused by the conduct and operation of TENANT'S business. TENANT Lessee agrees to intervene in all legal actions brought against the Lessor. The Lessee undertakes to indemnify and hold harmless LANDLORDthe latter in the case of conviction, its AGENTS and employees, against all such claimsprovided the liability of the Lessee is engaged.

Waiver of Liability. Neither Landlord nor any of the Parties (aas hereinafter defined) All personal Property nor any Superior Lessor (as hereinafter defined) or mortgagee of TENANT any Mortgage (collectively the "Indemnitees") shall be liable or responsible in any way for, and Tenant hereby waives all claims against the Indemnitees with respect to or arising out of any death or any injury of any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever, or for any loss or damage or injury to any property outside or within the purpose of this Section, the Term "TENANT" shall include TENANT, Premises belonging to Tenant or its AGENTS, employees, contractorsagents, visitorscustomers, licensees, invitees, guests and invitees) contained in or any other person other than by reason of the Premises gross negligence or willful misconduct of the Building Indemnitees, their employees or agents. Without limiting the generality of the foregoing, none of the Indemnitees shall be and remain there at the sole risk of TENANT. LANDLORD and/or its AGENTS and employees shall not be liable for any accident damage or damage damages of any nature whatsoever to Property of TENANT resulting from the use persons or operation of elevatorsproperty caused by explosion, heatingfire, coolingtheft or breakage, electrical by sprinkler, drainage or plumbing apparatussystems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, steamrain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any other cause; damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. Neither Landlord's Agent nor any partners comprising Landlord, nor any shareholders, directors or officers of Landlord or Landlord's Agent (collectively the "Parties") shall they be liable for any personal injury the performance of Landlord's obligations under this Lease. Tenant shall look solely to TENANT arising from the use, occupancy and/or condition of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees shall not be liable Landlord to TENANT for any loss, damage or injury to person or Property, whether or not caused by their negligence, to the extent that TENANT is compensated therefore by TENANT'S insurance. TENANT shall indemnify and hold LANDLORD and its AGENTS and employees harmless from all loss, damage, liability, cost or expense incurred, suffered, or claimed by any person or entity by reason of injury, loss, or damage to any person, Property or business resulting from any default enforce Landlord's obligations hereunder by TENANT, or from TENANT'S willful act, negligence or negligent or unlawful use of the Premises or the Property or anything therein, including water, steam, electricity, or other facilities or equipment. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted by TENANT in the Premises, and shall not seek any damages against any of the Parties. The liability of Landlord for Landlord's obligations under this Lease shall not exceed and shall be liable limited to Landlord's interest in the Building and Tenant shall not look to the property or assets of any of the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy a judgment for any accident or injury Landlord's failure to any person or Property which are caused by the conduct and operation of TENANT'S business. TENANT agrees to indemnify and hold harmless LANDLORD, its AGENTS and employees, against all perform such claimsobligations.

Waiver of Liability. Indemnification. Without limiting in any way the effect or generality of all indemnification and waiver provisions contained as part of the terms of the Master Lease, which are incorporated herein pursuant to paragraph 10 below, the parties hereby agree that: (a) All personal Property Neither Sublessor nor Lessor shall be liable to Sublessee, and Sublessee hereby waives all claims against Sublessor and Lessor, for any injury or damage to any person or property in or about the Subleased Premises and/or Building by or from any cause whatsoever other than by reason of TENANT (for the purpose negligence or willful act of this Section, the Term "TENANT" shall include TENANTSublessor, its AGENTSagents, servants, employees or invitees, or Lessor. (b) Sublessee shall defend, indemnify and hold Sublessee and Lessor harmless against any and all claims or liability for any injury or damage to any person or property whatsoever if and to the extent that such injury or damage shall be caused by the act, neglect, fault of, or omission of any duty with respect to the same, by Sublessee, its agents, servants, employees, contractorsor invitees; (i) occurring in, visitorson, guests and invitees) contained in or about the Subleased Premises or any part thereof, and (ii) occurring in, on, or about any facilities (including, without prejudice to the Building shall be and remain there at generality of the sole risk of TENANT. LANDLORD and/or its AGENTS and employees shall not be liable for any accident term "facilities," elevators, stairways, passageways or damage to Property of TENANT resulting from hallways) the use or operation of elevators, heating, cooling, electrical or plumbing apparatus, water, steam, or any which Sublessee may have in conjunction with other cause; nor shall they be liable for any personal injury to TENANT arising from the use, occupancy and/or condition tenants of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees Building. (c) Sublessee shall not be liable to TENANT Sublessor, and Sublessor hereby waives all claims against Sublessee, for any loss, injury or damage or injury to any person or Property, whether property in or not about the Subleased Premises and/or Building if and to the extent caused by their negligencereason of the negligence or willful act of Sublessor, its agents, servants, employees or invitees, or Lessor. (d) Sublessor shall defend, indemnify and hold Sublessee harmless against any and all claims or liability for any injury or damage to any person or property whatsoever if and to the extent that TENANT is compensated therefore such injury or damage shall be caused by TENANT'S insurance. TENANT shall indemnify and hold LANDLORD and its AGENTS and employees harmless from all lossthe act, damageneglect, liability, cost or expense incurred, sufferedfault of, or claimed by omission of any person or entity by reason of injury, loss, or damage to any person, Property or business resulting from any default hereunder by TENANT, or from TENANT'S willful act, negligence or negligent or unlawful use of the Premises or the Property or anything therein, including water, steam, electricity, or other facilities or equipment. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever duty with respect to the conduct same, by Sublessor, its agents, servants, employees, or invitees; (i) occurring in, on, or about the Subleased Premises or any part thereof, and operation (ii) occurring in, on, or about any facilities (including, without prejudice to the generality of the business term "facilities," elevators, stairways, passageways or hallways) the use of which Sublessee may have in conjunction with other tenants of the Building. (e) Any indemnification payments pursuant to Section 7(b) or 7(d) above shall be conducted by TENANT in the Premises, and shall not be liable for net of any accident or injury to any person or Property which are caused insurance recoveries by the conduct and operation of TENANT'S business. TENANT agrees to indemnify and hold harmless LANDLORD, its AGENTS and employees, against all such claimsindemnified party.

Waiver of Liability. Neither Landlord nor any of its Indemnitees shall be liable or responsible in any way for, and Tenant hereby waives all claims against the Indemnitees with respect to or arising out of (a) All personal Property any death or any injury of TENANT any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever except to the extent such injury or death is caused by the willful misconduct of the Indemnitees; or (for b) any loss or damage or injury to any property outside or within the purpose of this Section, the Term "TENANT" shall include TENANT, Premises belonging to Tenant or its AGENTS, employees, contractorsagents, visitorscustomers, licensees, invitees, guests or any other person; except to the extent such injury or damage is to property not covered by insurance carried (or required to be carried) by Tenant and invitees) contained in is caused by the Premises or willful misconduct of the Building Indemnitees. Subject to the foregoing, none of the Indemnitees shall be and remain there at the sole risk of TENANT. LANDLORD and/or its AGENTS and employees shall not be liable for any accident damage or damage damages of any nature whatsoever to Property of TENANT resulting from the use persons or operation of elevatorsproperty caused by explosion, heatingfire, coolingtheft or breakage, electrical by sprinkler, drainage or plumbing apparatussystems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, steamrain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any other cause; nor damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. In addition, none of the Indemnitees shall they be liable for any personal injury loss or damage for which Tenant is required to TENANT arising from the useinsure, occupancy and/or condition of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees shall not be liable to TENANT for any loss, damage or injury to person or Property, whether or not caused by their negligence, to the extent that TENANT is compensated therefore by TENANT'S insurance. TENANT shall indemnify and hold LANDLORD and its AGENTS and employees harmless from all loss, damage, liability, cost or expense incurred, suffered, or claimed by any person or entity by reason of injury, loss, or damage to any person, Property or business resulting from any default hereunder by TENANTconstruction, alterations or from TENANT'S willful act, negligence or negligent or unlawful use of the Premises or the Property or anything therein, including water, steam, electricity, or other facilities or equipmentrepair. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted by TENANT in the Premises, and shall not be liable for any accident or injury to any person or Property which are caused by the conduct and operation of TENANT'S business. TENANT agrees to indemnify and hold harmless LANDLORD, its AGENTS and employees, against all such claims.

Waiver of Liability. (a) All personal Property of TENANT (for the purpose of this Section, the Term "TENANT" Landlord shall include TENANTnot be liable to Tenant and Tenant hereby waives all claims against Landlord, its AGENTSpartners, officers, trustees, affiliates, directors, shareholders, employees, contractors, visitorsagents and representatives (collectively, guests "AFFILIATES") for any injury or damage to any person or property occurring or incurred in connection with or in any way relating to the Premises from any cause. Without limiting the foregoing, neither Landlord nor any of its Affiliates shall be liable for and inviteesthere shall be no abatement of rent for (i) contained in any damage to Tenant's property stored with or entrusted to Affiliates of Landlord, (ii) loss of or damage to any property by theft or any other wrongful or illegal act, or (iii) any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Premises or from the Building shall be and remain there at pipes, appliances, appurtenances or plumbing works therein or from the sole risk of TENANT. LANDLORD and/or its AGENTS and employees shall not be liable for roof, street or sub-surface or from any accident other place or damage to Property of TENANT resulting from the use or operation of elevators, heating, cooling, electrical or plumbing apparatus, water, steam, dampness or any other cause; nor cause whatsoever or from the acts or omissions of visitors to the Premises or from any other cause whatsoever, or (iv) any diminution or shutting off of light, air or view by any structure which may be erected on lands adjacent to the Premises. Tenant agrees that in no case shall they Landlord ever be responsible or liable on any theory for any personal injury to TENANT arising from the useTenant's business, occupancy and/or condition of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S businessprofits, loss of income or any other form of consequential damage. Tenant shall give prompt notice to Landlord in the event of (a) the occurrence of a fire or accident in the Premises, or (b) the discovery of any defect therein or in the fixtures or equipment thereof. Notwithstanding any other language contained hereinprovision of this Lease to the contrary, LANDLORD and/or its AGENTS and employees shall not be liable to TENANT for Tenant waives any loss, claims based on damage or injury to person or Property, whether or not caused by their negligence, to the extent that TENANT is compensated therefore by TENANT'S insurance. TENANT shall indemnify and hold LANDLORD and its AGENTS and employees harmless from all loss, damage, liability, cost or expense incurred, suffered, or claimed by any person or entity by reason of injury, loss, or damage to any person, Property or business resulting from any default hereunder by TENANT, Landlord's failure to police or from TENANT'S willful act, negligence or negligent or unlawful use of the Premises or the Property or anything therein, including water, steam, electricity, or other facilities or equipment. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted by TENANT in provide security for the Premises, and shall not be liable for any accident or injury to any person or Property which are caused by the conduct and operation of TENANT'S business. TENANT agrees to indemnify and hold harmless LANDLORD, its AGENTS and employees, against all such claims.

Waiver of Liability. Neither Landlord nor any of the Landlord Parties nor any Superior Lessor (aas hereinafter defined) All personal Property of TENANT (for the purpose of this Sectioncollectively, the Term "TENANT" “Indemnitees”) shall include TENANTbe liable or responsible in any way for, its AGENTSand Tenant hereby waives all claims against the Indemnitees with respect to or arising out of: any death or any injury of any nature whatsoever that may be suffered or sustained by Tenant or any Tenant Parties or any other person, employees, contractors, visitors, guests and invitees) contained in from any causes whatsoever (except to the extent caused by the willful misconduct or gross negligence of an Indemnitee); or for any loss or damage or injury to any property outside or within the Premises belonging to Tenant or the Building Tenant Parties or any other person, unless such injury or damage is to property not covered by insurance carried by Tenant and is caused solely by the gross negligence or willful misconduct of the Indemnitees. Without limiting the generality of the foregoing, none of the Indemnitees shall be and remain there at the sole risk of TENANT. LANDLORD and/or its AGENTS and employees shall not be liable for any accident damage or damage damages of any nature whatsoever to Property of TENANT resulting from the use persons or operation of elevatorsproperty caused by explosion, heatingfire, coolingtheft or breakage, electrical by sprinkler, drainage or plumbing apparatussystems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, steamrain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any other cause; nor damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. In addition, none of the Indemnitees shall they be liable for (i) any personal injury loss or damage for which the Tenant is required to TENANT arising from the useinsure, occupancy and/or condition of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees shall not be liable to TENANT for any loss, damage or injury to person or Property, whether or not caused by their negligence, to the extent that TENANT is compensated therefore by TENANT'S insurance. TENANT shall indemnify and hold LANDLORD and its AGENTS and employees harmless from all loss, damage, liability, cost or expense incurred, suffered, or claimed by any person or entity by reason of injury, loss, or damage to any person, Property or business resulting from any default hereunder by TENANTconstruction, alterations or from TENANT'S willful actrepair or (ii) any consequential, negligence or negligent or unlawful use of the Premises or the Property or anything thereinpunitive, including waterexemplary, steamspeculative, electricity, treble or other facilities or equipmentsimilar measure of damages. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted by TENANT in the Premises, and shall not be liable for any accident or injury to any person or Property which are caused by the conduct and operation of TENANT'S business. TENANT agrees to indemnify and hold harmless LANDLORD, its AGENTS and employees, against all such claims.

Waiver of Liability. Neither Landlord nor any of its Indemnitees shall be liable or responsible in any way for, and Tenant hereby waives all claims against the Indemnitees with respect to or arising out of (a) All personal Property any death or any injury of TENANT any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever except to the extent such injury or death is caused by the gross negligence or willful misconduct of the Indemnitees; or (for b) any loss or damage or injury to any property outside or within the purpose of this Section, the Term "TENANT" shall include TENANT, Premises belonging to Tenant or its AGENTS, employees, contractorsagents, visitorscustomers, licensees, invitees, guests or any other person; except to the extent such injury or damage is to property not covered by insurance carried (or required to be carried) by Tenant and invitees) contained in is caused by the Premises gross negligence or willful misconduct of the Building Indemnitees. Subject to the foregoing, none of the Indemnitees shall be and remain there at the sole risk of TENANT. LANDLORD and/or its AGENTS and employees shall not be liable for any accident damage or damage damages of any nature whatsoever to Property of TENANT resulting from the use persons or operation of elevatorsproperty caused by explosion, heatingfire, coolingtheft or breakage, electrical by sprinkler, drainage or plumbing apparatussystems, by failure for any cause to supply adequate drainage, by the interruption of any public utility or service, by steam, gas, water, steamrain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or for any other cause; nor damage or inconvenience which may arise through repair, maintenance or alteration of any part of the Building, or by anything done or omitted to be done by any tenant, occupant or person in the Building. In addition, none of the Indemnitees shall they be liable for any personal injury loss or damage for which Tenant is required to TENANT arising insure, nor for any loss or damage resulting from the useany construction, occupancy and/or condition of the Premises of Property unless alterations or repair, provided that such injury shall result directly from loss or damage is not caused by the gross negligence or willful misconduct of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees shall not be liable to TENANT for any loss, damage or injury to person or Property, whether or not caused by their negligence, to the extent that TENANT is compensated therefore by TENANT'S insurance. TENANT shall indemnify and hold LANDLORD and its AGENTS and employees harmless from all loss, damage, liability, cost or expense incurred, suffered, or claimed by any person or entity by reason of injury, loss, or damage to any person, Property or business resulting from any default hereunder by TENANT, or from TENANT'S willful act, negligence or negligent or unlawful use of the Premises or the Property or anything therein, including water, steam, electricity, or other facilities or equipmentsuch Indemnitee. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted by TENANT in the Premises, and shall not be liable for any accident or injury to any person or Property which are caused by the conduct and operation of TENANT'S business. TENANT agrees to indemnify and hold harmless LANDLORD, its AGENTS and employees, against all such claims.

Waiver of Liability. (a) All personal Property of TENANT (for 6.1. Both parties agree that the purpose of this Section, CITY shall hold harmless and free from liability the Term "TENANT" shall include TENANTDISTRICT, its AGENTSofficers, agents, or employees, contractorswhile acting as such, visitorsfrom all damages, guests and invitees) contained in the Premises costs or the Building expenses to which any of them shall be and remain there at the sole risk exposed or become obligated to pay by reason of TENANT. LANDLORD and/or its AGENTS and employees shall not be liable for any accident or damage liability imposed by law because of damages to Property of TENANT resulting from the use or operation of elevators, heating, cooling, electrical or plumbing apparatus, water, steam, or any other cause; nor shall they be liable for any personal injury to TENANT arising from the use, occupancy and/or condition of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees shall not be liable to TENANT for any loss, damage property or injury to person or Propertydeath of persons, whether provided that such was incurred or not caused suffered as a result of any act or omission by their negligencethe CITY which is required of it by this Agreement, or the operation, supervision, control or sponsorship of any program or activity upon the DISTRICT’s premises and JOINTLY-DEVELOPED facilities. Both parties recognize that the CITY is self-insured for exposure up to $1,000,000 per occurrence, or such self- insured retention. However, the extent CITY shall add the Board of Trustees of the Washoe County 6.2. Both parties agree that TENANT is compensated therefore by TENANT'S insurance. TENANT the DISTRICT shall indemnify hold harmless and hold LANDLORD and free from liability the CITY, its AGENTS and employees harmless officers, agents, or employees, while acting as such, from all lossdamages, damage, liability, cost costs or expense incurred, suffered, expenses to which any of them shall be exposed or claimed by any person or entity become obligated to pay by reason of injuryliability imposed by law because of damages to property or injury to or death of persons, lossprovided that such was incurred or suffered as a 6.1. result of any act or omission by the DISTRICT which is required of it by this Agreement, or damage the operation, supervision, control or sponsorship of any program or activity upon the CITY’s premises and JOINTLY-DEVELOPED facilities. Both parties recognize that the DISTRICT is self-insured for exposure up to any person, Property or business resulting from any default hereunder by TENANT$400,000 per occurrence, or such self-insured retention that may from TENANT'S willful acttime to time be instituted and is precluded by law from providing a certificate of insurance on this self-insured retention. However, negligence the DISTRICT shall add the CITY as an additional insured on any applicable insurance policies pertaining to excess liability coverage exceeding the self-insured retention. In the event the DISTRICT does, but is not required to, purchase applicable insurance for liability now covered by the self-insured retention, the CITY will be named as an additional insured. All applicable certificates of insurance will be provided to the CITY. This paragraph does not, nor is it intended, to be relied on by any third party 6.3. HOLD HARMLESS, RELEASE AND WAIVER OF LIABILITY RE: COVID-19: Both parties agree that in contracting to use DISTRICT-DEVELOPED facilities, CITY- DEVELOPED facilities, and JOINTLY-DEVELOPED facilities, both parties understand that anyone participating in any activity, whether at the DISTRICT-DEVELOPED facilities, at CITY- DEVELOPED facilities, or negligent JOINTLY-DEVELOPED facilities, or unlawful use of traveling to and from the Premises activity, can potentially encounter and contract a disease or the Property or anything thereinillness, including, but not limited to COVID-19, including waterfrom individuals carrying a virus or disease, steamfrom airborne particles, electricityparticles on surfaces, or other facilities means not yet discovered. Both parties understand that illnesses and diseases can be quite severe and can result in injuries of all kinds, including death, or equipment. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted by TENANT serious disability. Both parties are voluntarily participating in the Premisesactivities referenced in this Agreement, including but not limited to, the use of DISTRICT-DEVELOPED facilities, CITY-DEVELOPED facilities, and shall not be liable JOINTLY-DEVELOPED facilities, and associated equipment/premises. Both parties agree to hold the other party harmless, and release and waive any claims against the other party for any accident expenses, damages, or injury to losses of any kind that one or both parties may sustain from persons associated and/or contracting with each respective public agency if that person or Property which are caused by the conduct and operation of TENANT'S business. TENANT agrees to indemnify and hold harmless LANDLORD, its AGENTS and employees, against all such claims.contracts COVID-

Waiver of Liability. (a) All personal Property of TENANT (Sublandlord shall not be liable to Subtenant and Subtenant hereby waives all claims against Sublandlord for any loss, injury, or other damage to person or property in or about the purpose of this Section, the Term "TENANT" shall include TENANT, its AGENTS, employees, contractors, visitors, guests and invitees) contained in the Subleased Premises or the Building from any cause whatsoever, including without limitation, water leakage of any character from any walls, basement or other portion of the Subleased Premises or the Building, or gas, fire, explosion or other electricity within the Subleased Premises or the Building or acts of other tenants of the Building: provided, however, that the foregoing waiver shall be inapplicable to any loss, injury or damage resulting from the gross negligence or willful or criminal misconduct of Sublandlord or Sublandlord’s breach of any covenant hereunder. Subtenant expressly assumes all responsibility for security, in, on or about the Subleased Premises, and remain there at the sole risk of TENANT. LANDLORD and/or its AGENTS and employees Sublandlord shall not be liable for any accident or damage to Property of TENANT resulting from goods, wares, merchandise or other property located in the use Subleased Premises, or operation of elevatorsinjury or death to Subtenant’s employees, heatinginvitees, cooling, electrical or plumbing apparatus, water, steam, customers or any other cause; nor person in or about the Subleased Premises. The foregoing waiver includes criminal acts of third parties. 3 (b) Except as otherwise provided, Sublandlord shall they not be in default hereunder or be liable for any personal injury to TENANT arising from damages directly or indirectly resulting from, nor shall it constitute a constructive eviction of Tenant, nor shall the rental herein reserved be abated by reason of: (i) the installation use, occupancy and/or condition or interruption of use of any equipment in connection with the furnishing of any of the services described in Section 9 of the Master Lease (as incorporated by Section 12.3 of this Sublease), (ii) failure to furnish or delay in furnishing any such services (or the Office Services described in Section 7 above) when such delay is caused by accident or any condition beyond the reasonable control of Sublandlord or by the making of reasonable repairs or improvements to the Subleased Premises or to the Building, or (iii) the limitation curtailment, rationing or restriction on use of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption water, electricity, gas or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees shall not be liable to TENANT for any loss, damage utility or injury to person or Property, whether or not caused by their negligence, to similar company serving the extent that TENANT is compensated therefore by TENANT'S insurance. TENANT shall indemnify and hold LANDLORD and its AGENTS and employees harmless from all loss, damage, liability, cost or expense incurred, suffered, or claimed by any person or entity by reason of injury, loss, or damage to any person, Property or business resulting from any default hereunder by TENANT, or from TENANT'S willful act, negligence or negligent or unlawful use of the Subleased Premises or the Property or anything therein, including water, steam, electricity, or other facilities or equipment. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect Building. Section 11 Condition at Termination. Prior to the conduct expiration or earlier termination of this Sublease, Subtenant shall remove its trade fixtures, personal property and operation any Alterations made in accordance with Section 9 of the business to be conducted by TENANT in the Premises, this Sublease and shall not be liable for any accident or injury surrender the Subleased Premises to any person or Property which are caused Sublandlord in broom clean condition and in as good order, repair and condition as when the Subleased Premises were delivered to Subtenant, ordinary wear and tear and damage by fire and the conduct and operation of TENANT'S businesselements excepted. TENANT agrees to indemnify and hold harmless LANDLORD, its AGENTS and employees, against all such claims.Section 12

Waiver of Liability. Landlord shall not be liable or responsible in any way for, and Tenant hereby waives all claims, whether in contract or tort, against Landlord, its partners, members, shareholders, officers, directors, employees, asset managers and property managers with respect to or arising out of: (a) All personal Property any death or any injury of TENANT any nature whatsoever that may be suffered or sustained by Tenant or any employee, licensee, invitee, guest, agent or customer of Tenant or any other person, from any causes whatsoever, or (for b) any loss or damage or injury to any property outside or within the purpose Premises belonging to Tenant or to any Tenant Items (as hereinafter defined) and any resulting business interruption or loss of this Sectionearnings, or belonging to its employees, agents, customers, licensees, invitees, guests or any other person, regardless of whether such death, injury, loss or damage is caused in whole or in part by the Term "TENANT" shall include TENANTactive or passive negligence of Landlord, its AGENTSpartners, members, shareholders, officers, directors, employees, contractorsasset managers or property managers except for Landlord’s gross negligence or willful misconduct. Without limiting the generality of the foregoing, visitors, guests and invitees) contained in the Premises or the Building shall be and remain there at the sole risk of TENANT. LANDLORD and/or its AGENTS and employees Landlord shall not be liable for any accident damage or damage damages of any nature whatsoever to Property of TENANT resulting from the use persons or operation of elevatorsproperty caused by explosion, heatingfire, coolingtheft or breakage, electrical by sprinkler, drainage or plumbing apparatussystems, by failure for any cause to supply adequate drainage, by the interruption of the telephone cable distribution system, any public utility or service, by steam, gas, water, steamrain or other substances leaking, issuing or flowing into any part of the Premises, by natural occurrence, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or order of governmental body or authority, or any other cause; nor shall they be liable for any personal injury to TENANT arising from the usedamage or inconvenience which may arise through repair, occupancy and/or condition maintenance, construction or alteration of any part of the Premises of Property unless such injury shall result directly from the gross negligence of LANDLORD; nor shall they be liable in any event for any interruption or loss of TENANT'S business. Notwithstanding any other language contained herein, LANDLORD and/or its AGENTS and employees shall not be liable to TENANT for any loss, damage or injury to person or Property, whether or not caused by their negligence, to the extent that TENANT is compensated therefore by TENANT'S insurance. TENANT shall indemnify and hold LANDLORD and its AGENTS and employees harmless from all loss, damage, liability, cost or expense incurred, sufferedBuilding, or claimed by anything done or omitted to be done by any tenant, occupant or person or entity by reason of injury, loss, in the Building. Tenant acknowledges and agrees that Landlord has no obligation to carry insurance on: (i) any loss or damage to any person, Property or business resulting from Tenant Items and (ii) any default hereunder loss suffered by TENANT, or from TENANT'S willful act, negligence or negligent or unlawful use Tenant due to interruption of the Premises or the Property or anything thereinTenant’s business, including waterwithout limitation any loss of earnings. In addition, steam, electricity, or other facilities or equipment. (b) LANDLORD and/or its AGENTS and employees assume no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted by TENANT in the Premises, and Landlord shall not be liable for any accident loss, injury or damage of any nature or description for which Tenant is required to carry insurance or which Tenant actually insures, whichever is greater, regardless of whether such loss, injury to any person or Property which are damage is caused in whole or in part by the conduct and operation active or passive negligence of TENANT'S business. TENANT agrees to indemnify and hold harmless LANDLORDLandlord, its AGENTS and partners, members, shareholders, officers, directors, employees, against all such claimsasset managers or property managers.