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<br />Confidential Page 4 of 12 11/18/2024
<br />City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company
<br />Compensation, and Liability Act of 1980, as amended; the Resource Conservation and Recovery Act, as amended; the Clean Air Act,
<br />as amended; the Clean Water Act, as amended; and their state and local counterparts or equivalents, either with or without negligence,
<br />to be released, stored, produced, emitted, disposed of or used upon, about, or beneath the Leased Premises in any manner prohibited
<br />by any applicable laws or by the highest standards prevailing in the industry for the storage and use of such hazardous materials.
<br />Tenant shall indemnify, protect, defend (with counsel chosen by Landlord), and hold harmless Landlord, Landlord's affiliates, and
<br />their partners, officers, directors, employees, agents (including any managing agent of the Building), and other representatives and
<br />their successors and assigns, from and against any and all claims, demands, actions, or liabilities for, and any and all loss or cost
<br />(including legal fees and expenses) caused by Tenant's activity on the Leased Premises. Notwithstanding any other obligation of
<br />Tenant to indemnify Landlord pursuant to this Lease, Tenant shall, at its sole cost and expense, promptly take all actions, including,
<br />but not limited to, remediation required by any applicable laws. Landlord makes no representations or warranties regarding whether
<br />any molds, fungus, or other organisms (surface, airborne, or otherwise)(collectively "Molds"), may or may not be present or exist, now
<br />or in the future, in or on the Leased Premises and/or the Building.
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<br />11. Landlord's Work. Intentionally deleted.
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<br />12. Tenant's Work. Intentionally deleted.
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<br />13. Insurance.
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<br /> (a) Property Insurance. Tenant shall procure at its cost and expense, and keep in effect during the Term, insurance coverage
<br />for all risks of physical loss or damage insuring the full replacement value of alterations and all items of Tenant owned property.
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<br /> (b) Required Coverage: The Tenant shall have the right to self-insure, the City of South Bend carries a blanket insurance policy
<br />covering property in which the City holds an interest, which shall include the Leased Premises. In addition, the City is a municipal
<br />corporation that is self-insured under provisions of Indiana statutes and local ordinance. Specifically, the City of South Bend is covered by a
<br />non-reverting insurance premium and liability reserve fund created by the City of South Bend, Ordinance § 6657-79, pursuant to Indiana
<br />Code 34-13-3-4, as amended from time to time. The City's liability limits, subject to change by Indiana statute, are as follows:
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<br /> (i) $700,000.00 for bodily injury, including death for any one (1) person in any one (1) occurrence;
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<br /> (ii) $5,000,000.00 for such injuries for all persons for any one (1) occurrence;
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<br /> (iii) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for
<br />punitive damages.
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<br /> (c) Waiver of Subrogation: Each party hereby waives all claims for recovery from the other party for any loss or damage to
<br />any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under that party’s own
<br />insurance, subject to the limitation that this waiver shall apply only when permitted by the applicable policy of insurance.
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<br />14. Indemnification. Subject to the limitations of liability set forth in Section 13 of this Agreement, Tenant will indemnify Landlord
<br />and save Landlord (which, for purposes of this Section, includes Landlord's building manager, Landlord's affiliates, and the respective
<br />partners, officers, employees, and agents of Landlord, its affiliates) harmless from and against any and all claims, actions, damages,
<br />liability, and expense (including, without limitation, fees of attorneys, investigators, and experts) in connection with: (i) loss of life,
<br />personal injury, or damage to property caused to any person in or about the Property, Leased Premises, or arising out of the occupancy or
<br />use by Tenant of any portion of the Property, Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of
<br />Tenant, its agents, contractors, employees, licensees, or invitees, unless such loss, injury, or damage was caused by the gross negligence of
<br />Landlord; or (ii) any failure of Tenant to observe, perform, or comply with any of the terms, covenants, and conditions of this Lease.
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<br />Under the latter case of Landlord negligence, Landlord will indemnify Tenant and save Tenant (which, for purposes of this Section,
<br />includes Tenant’s elected and appointed officials, affiliates, officers, employees, and agents) harmless from and against any and all claims,
<br />actions, damages, liability, and expense (including, without limitation, fees of attorneys, investigators, and experts) in connection with:
<br />(i) loss of life, personal injury, or damage to property caused to any person in or about the Property, Leased Premises, or arising out of the
<br />occupancy or use by Landlord or any other person of any portion of the Property, Leased Premises or any part thereof, or occasioned
<br />wholly or in part by any act or omission of Landlord, its agents, contractors, employees, licensees, or invitees, unless such loss, injury, or
<br />damage was caused by the gross negligence of Landlord; or (ii) any failure of Landlord to observe, perform, or comply with any of the
<br />terms, covenants, and conditions of this Lease.
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