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licensees, visitors or agents, Landlord covenants to Indemnify Tenant, and save it harmless, from and against any
<br />and all claims, actions; damages, injuries, accidents, liability and expense, including reasonable attorneys' fees, in
<br />connection with or arising from, or occasioned wholly or in part by, any act or omission of Landlord, its agents,
<br />contractors or employees occurring on or about the Building, excluding the Premises.
<br />(d) Covenant to Hold Harmless. Landlord shall be defended and held harmless by Tenant from any
<br />liability or claims for damages to any person or any property in or upon the Premises unless caused by the willful act
<br />of Landlord, including but not limited to the person and property of Tenant and its officers, agents, employees, and
<br />shall pay all expenses incurred by Landlord in defending any such claim or action, including without limitation
<br />attorney fees of Landlord and any judgment or court costs. All property kept, stored or maintained in the Premises
<br />shall be so kept, stored or maintained solely at the risk of Tenant
<br />The Landlord shall not be liable for damage caused by hidden defects or failure to keep said Premises in
<br />repair (excepting any such failures relating to the Landlord's obligations under Section 6.1 of this Lease), and shall
<br />not be liable for any damage done or occasioned by or from plumbing, gas, water, steam, or other pipes, or
<br />sewerage, or the bursting or leaking of plumbing or of any plumbing or heating fixtures or waste or soil pipe existing
<br />in connection with the Building or Premises, nor for damage occasioned by water, nor for any damages arising from
<br />negligence of co- tenants or other occupants of the Building, or the agents, employees or servants of any of them, or
<br />of any owners or occupants of adjacent or contiguous property.
<br />The Landlord shall not be liable for any injury to the Tenant; its employees and agents or any other person,
<br />occurring on said Premises, irrespective of whether said injury is caused by a defect in said Premises or by reasons
<br />of said Premises becoming out of repair or arising from any other cause whatsoever, and the Landlord shall not be
<br />liable for damage to Tenant's property or to the property of any other person which may be located in or upon said
<br />Premises and the Tenant agrees to indemnify and save harmless the Landlord from any and all claims arising out of
<br />injuries to persons or property occurring on said Premises.
<br />8.7. Release of Subro ation. Each party hereto does hereby release and discharge the other party from
<br />any liability, which the released party would have had (but for this section) to the releasing party; arising out of or in
<br />connection with any accident or occurrence or casualty: (a.) which is or would be covered by a fire and extended -
<br />coverage policy with vandalism and malicious mischief endorsement or by a sprinkler leakage or water damage
<br />policy, regardless of whether or not such coverage is being carried by the releasing party, and (b.) to the extent of
<br />recovery under any other casualty, which accident, occurrence or casualty may have resulted in whole or in part
<br />from any act or neglect of the released party, its officers, agents or employees; and insofar as Tenant is the releasing
<br />party, it will also release the other tenants in the Building from any such liability as if the other tenants were each a
<br />released party under this section. Notwithstanding anything contained in this Lease to the contrary, Landlord shall
<br />not be liable for any damage to person or party arising from the negligent act or omission or willful misconduct of
<br />any other tenant or occupant of the Building, and Tenant hereby expressly waives any claim for such damages.
<br />8.8. The Tenant will not allow said Premises to be used for any purpose that will increase the rate of
<br />insurance thereon, nor to be occupied in whole or in part by any other person.
<br />ARTICLE IX.
<br />CASUALTY AND CONDEMNATION.
<br />9.1. Casual
<br />(a) Insubstantial Damage. If the Premises is damaged by fire or any other casualty (the "Casual
<br />Damage "), and the estimated cost to repair such Casualty Damage is less than twenty -five percent (25 %) of the
<br />estimated cost to replace the Premises, then Landlord shall repair such Casualty Damage so long as sufficient
<br />insurance proceeds recovered as a result of such Casualty Damage remain after: (i) Landlord's mortgagee has
<br />withheld any amount of the proceeds to which it is entitled, if any; and (ii) deduction for any expenses incurred in
<br />collecting the insurance proceeds. Notwithstanding anything to the contrary set forth herein, in no event shall
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<br />F. kDATAISIIARETegail Wpdata4SEPT Economic DevelopmentTillie'sOate Cafe Mate Cafe Lease (version S).doc
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