|
losses of any and every kind and nature (including, without limitation, sums paid in settlement of claims and for
<br />attorney's fees and court costs).
<br />(b) Definition of "Indemnify." The term "Indemni ," as used throughout this Lease, shall mean that
<br />Tenant shall indemnify Landlord, save it harmless and, at Landlord's option and with attorneys approved in writing
<br />by Landlord, defend Landlord, and its contractors, agents, employees, members, managers, officers, and
<br />mortgagees, if any, from any Loss arising out of the condition specified in the particular indemnity provision.
<br />(c) General Indemnity. Except for loss, injury or damage caused solely by the willful misconduct of
<br />Landlord, its employees, contractors, or agents, Tenant covenants to Indemnify Landlord for any Loss in connection
<br />with or arising from any use or condition of the Premises or occasioned wholly or in part by any act or omission of
<br />Tenant, its agents, contractors, employees, licensees, invitees or visitors, occurring on or about the Premises and in
<br />the case of Tenant, its agents, contractors or employees occurring on or about the Building. Except for loss, injury
<br />or damage caused by the negligent acts or willful misconduct of Tenant, its employees, contractors, invitees,
<br />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, 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
<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 />
|