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11-14-13
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1/13/2014 12:19:17 PM
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(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 <br />intentional or negligent acts or omissions of Landlord, including but not limited to the person and property of Tenant <br />and its officers, agents, employees, and shall pay all expenses incurred by Landlord in defending any such claim or <br />action, including without limitation attorney fees of Landlord and any judgment or court costs. All property kept, <br />stored or maintained in the Premises shall be so kept, stored or maintained solely at the risk of Tenant. Tenant shall <br />be defended and held harmless by Landlord from any liability or claims for damages to any person or any property <br />in or upon the Premises caused by the intentional or negligent acts or omissions of Landlord, and Landlord shall pay <br />all expenses incurred by Tenant in defending any such claim or action, including without limitation attorney fees of <br />Tenant and any judgment or court costs. <br />Except for loss, injury or damage caused solely by the willful misconduct or negligence of Landlord, its <br />employees, contractors, or agents, the Landlord shall not be liable for damage caused by hidden defects or failure to <br />keep said Premises in repair, and shall not be liable for any damage done or occasioned by or from plumbing, gas, <br />water, steam, or other pipes, or sewerage, or the bursting or leaking of plumbing or of any plumbing or heating <br />fixtures or waste or soil pipe existing in connection with the Building or Premises, nor for damage occasioned by <br />water, nor for any damages arising from negligence of co- tenants or other occupants of the Building, or the agents, <br />employees or servants of any 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, except for Landlords negligence. <br />8.6. 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; Notwithstanding anything contained in this <br />Lease to the contrary, Landlord shall not be liable for any damage to person or party arising from the negligent act or <br />omission or willful misconduct of any other tenant or occupant of the Building and Tenant hereby expressly waives <br />any claim for such damages. <br />8.7. 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 />8.8. The terms of this Article VIII survive any termination or expiration of this Lease. <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 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 />
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