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attorney fees of Landlord and any judgment or court costs. All property kept, stored or maintained in the Premises shall be so kept, stored or maintained solely at the risk of Tenant The Landlord shall not be liable for damage caused by hidden defects or failure to keep said Premises in repair, and shall not be liable for any damage done or occasioned by or from plumbing, gas, water, steam, or other pipes, or sewerage, or the bursting or leaking of plumbing or of any plumbing or heating fixtures or waste or soil pipe existing in connection with the Building or Premises, nor for damage occasioned by water, nor for any damages arising from negligence of co- tenants or other occupants of the Building, or the agents, employees or servants of any of them, or of any owners or occupants of adjacent or contiguous property. The Landlord shall not be liable for any injury to the Tenant, its employees and agents or any other person, occurring on said Premises, irrespective of whether said injury is caused by a defect in said Premises or by reasons of said Premises becoming out of repair or arising from any other cause whatsoever, and the Landlord shall not be liable for damage to Tenant's property or to the property of any other person which may be located in or upon said Premises and the Tenant agrees to indemnify and save harmless the Landlord from any and all claims arising out of injuries to persons or property occurring on said Premises. 8.7. Release of Subro ag tion. Each party hereto does hereby release and discharge the other party from any liability, which the released party would have had (but for this section) to the releasing party, arising out of or in connection with any accident or occurrence or casualty: (a.) which is or would be covered by a fire and extended - coverage policy with vandalism and malicious mischief endorsement or by a sprinkler leakage or water damage policy, regardless of whether or not such coverage is being carried by the releasing party, and (b.) to the extent of recovery under any other casualty, which accident, occurrence or casualty may have resulted in whole or in part from any act or neglect of the released party, its officers, agents or employees; and insofar as Tenant is the releasing party, it will also release the other tenants in the Building from any such liability as if the other tenants were each a released party under this section. Notwithstanding anything contained in this Lease to the contrary, Landlord shall not be liable for any damage to person or party arising from the negligent act or omission or willful misconduct of any other tenant or occupant of the Building, and Tenant hereby expressly waives any claim for such damages. 8.8. The Tenant will not allow said Premises to be used for any purpose that will increase the rate of insurance thereon, nor to be occupied in whole or in part by any other person. ARTICLE IX. CASUALTY AND CONDEMNATION. 9.1. Casualty. (a) Insubstantial Damage. If the Premises is damaged by fire or any other casualty (the "Casualty Damage "), and the estimated cost to repair such Casualty Damage is less than fifty percent (50 %) of the estimated cost to replace the Premises, then Landlord shall repair such Casualty Damage so long as sufficient insurance proceeds recovered as a result of such Casualty Damage remain after: (i) Landlord's mortgagee has withheld any amount of the proceeds to which it is entitled, if any; and (ii) deduction for any expenses incurred in collecting the insurance proceeds. Notwithstanding anything to the contrary set forth herein, in no event shall Landlord be required to repair or replace: (1) the improvements to the Premises made by Tenant; or (2) any trade fixtures, equipment, or inventory of Tenant (or any other person or entity) located on, in, or about the Premises. (b) Substantial Damage. If: (i) there is Casualty Damage to the Premises, and the cost to repair such Casualty Damage is equal to or greater than fifty percent (50 %) of the estimated cost to replace the Premises; (ii) there is Casualty Damage to the building of which the Premises is a part, and the cost to repair such Casualty Damage is equal to or greater than twenty -five percent (25 %) of the cost to replace such building; or (c) there is Casualty Damage to the buildings (taken in the aggregate) in the Building, and the cost to repair such Casualty Damage is equal to or greater than twenty -five percent (25 %) of the cost to replace such buildings; then Landlord may elect either to: (1) repair or rebuild the Premises, the building of which the Premises is a part, or the aggregate 13