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( Xa
<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, and shall not be liable for any damage done or occasioned by or from plumbing, gas, water, steam, or other
<br />pipes, or sewerage, or the bursting or leaking of plumbing or of any plumbing or heating fixtures or waste or soil
<br />pipe existing in connection with the Building or Premises, nor for damage occasioned by water, nor for any damages
<br />arising from negligence of co- tenants or other occupants of the Building, or the agents, employees or servants of any
<br />of them, or 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 Subrogation. 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 from
<br />any act or neglect of the released party, its officers, agents or employees; and insofar as Tenant is the releasing party,
<br />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 Damaee. If the Premises is damaged by fire or any other casualty (the "Casual
<br />Damaee "), and the estimated cost to repair such Casualty Damage is less than fifty percent (50 %) of the estimated
<br />cost to replace the Premises, then Landlord shall repair such Casualty Damage so long as sufficient insurance
<br />proceeds recovered as a result of such Casualty Damage remain after: (i) Landlord's mortgagee has withheld any
<br />amount of the proceeds to which it is entitled, if any; and (ii) deduction for any expenses incurred in collecting the
<br />insurance proceeds. Notwithstanding anything to the contrary set forth herein, in no event shall Landlord be
<br />required to repair or replace: (1) the improvements to the Premises made by Tenant; or (2) any trade fixtures,
<br />equipment, or inventory of Tenant (or any other person or entity) located on, in, or about the Premises.
<br />(b) Substantial Damage. If (i) there is Casualty Damage to the Premises, and the cost to repair such
<br />Casualty Damage is equal to or greater than fifty percent (50 %) of the estimated cost to replace the Premises; (ii)
<br />there is Casualty Damage to the building of which the Premises is apart, and the cost to repair such Casualty
<br />Damage is equal to or greater than twenty-five percent (25 %) of the cost to replace such building; or (c) there is
<br />Casualty Damage to the buildings (taken in the aggregate) in the Building, and ,the cost to repair such Casualty
<br />Damage is equal to or greater than twenty-five percent (25 %) of the cost to replace such buildings; then Landlord
<br />may elect either to: (1) repair or rebuild the Premises, the building of which the Premises is a part, or the aggregate
<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, and shall not be liable for any damage done or occasioned by or from plumbing, gas, water, steam, or other
<br />pipes, or sewerage, or the bursting or leaking of plumbing or of any plumbing or heating fixtures or waste or soil
<br />pipe existing in connection with the Building or Premises, nor for damage occasioned by water, nor for any damages
<br />arising from negligence of co- tenants or other occupants of the Building, or the agents, employees or servants of any
<br />of them, or 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 Subrogation. 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 from
<br />any act or neglect of the released party, its officers, agents or employees; and insofar as Tenant is the releasing party,
<br />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 Damaee. If the Premises is damaged by fire or any other casualty (the "Casual
<br />Damaee "), and the estimated cost to repair such Casualty Damage is less than fifty percent (50 %) of the estimated
<br />cost to replace the Premises, then Landlord shall repair such Casualty Damage so long as sufficient insurance
<br />proceeds recovered as a result of such Casualty Damage remain after: (i) Landlord's mortgagee has withheld any
<br />amount of the proceeds to which it is entitled, if any; and (ii) deduction for any expenses incurred in collecting the
<br />insurance proceeds. Notwithstanding anything to the contrary set forth herein, in no event shall Landlord be
<br />required to repair or replace: (1) the improvements to the Premises made by Tenant; or (2) any trade fixtures,
<br />equipment, or inventory of Tenant (or any other person or entity) located on, in, or about the Premises.
<br />(b) Substantial Damage. If (i) there is Casualty Damage to the Premises, and the cost to repair such
<br />Casualty Damage is equal to or greater than fifty percent (50 %) of the estimated cost to replace the Premises; (ii)
<br />there is Casualty Damage to the building of which the Premises is apart, and the cost to repair such Casualty
<br />Damage is equal to or greater than twenty-five percent (25 %) of the cost to replace such building; or (c) there is
<br />Casualty Damage to the buildings (taken in the aggregate) in the Building, and ,the cost to repair such Casualty
<br />Damage is equal to or greater than twenty-five percent (25 %) of the cost to replace such buildings; then Landlord
<br />may elect either to: (1) repair or rebuild the Premises, the building of which the Premises is a part, or the aggregate
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