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DocuSign Envelope ID: 3FB83184-B2B8-4211-B06A-AD20CB7020F8
<br />ARTICLE 8
<br />INDEMNITY AND INSURANCE
<br />Section 8.1 Release. All of Tenant's trade fixtures, equipment, merchandise, inventory
<br />and all other personal property in or about the Leased Premises, the Building or the Common Areas
<br />(which is deemed to include the trade fixtures, merchandise, inventory and personal property of
<br />others located in or about the Leased Premises or Common Areas at the invitation, direction or
<br />acquiescence (express or implied) of Tenant (all of which property shall be referred to herein,
<br />collectively, as "Tenant's Property")), shall be and remain at Tenant's sole risk. Landlord shall
<br />not be liable to Tenant or to any other person for, and Tenant hereby releases Landlord from (a)
<br />any and all liability for theft or damage to Tenant's Property, and (b) any and all liability for any
<br />injury to Tenant or its employees, agents, contractors, guests and invitees in or about the Leased
<br />Premises, the Building or the Common Areas, except to the extent of personal injury (but not
<br />property loss or damage) caused by the .negligence or willful misconduct of Landlord. Nothing
<br />contained in this Section 8.1m shall limit (or be deemed to limit) the waivers contained in Section
<br />8.6 below. In the event of any conflict between the provisions of Section 8 .6 below and this
<br />� Section .1, the provisions of Section 8.6 shall prevail. This Section 8,1, shall survive the
<br />expiration or earlier termination of this Lease.
<br />Sc.ccttio't1„ .2 1� denlnlfication liy_TcnanL Tenant shall protect, defend, indemnify and
<br />hold Landlord, its agents, employees and contractors harmless from and against any and all claims,
<br />damages, demands, penalties, costs, liabilities, losses, and expenses (including reasonable
<br />attorneys' fees and expenses at the trial and appellate levels actually incurred, without regard to
<br />statutory interpretation) to the extent (a) arising out of or relating to any act, omission, negligence,
<br />or willful misconduct of Tenant or Tenant's agents, employees, contractors, customers or invitees
<br />in or about the Leased Premises, the Building or the Common Areas, (b) arising out of or relating
<br />to any of Tenant's Property, in each case except to the extent of personal injury (but not property
<br />loss or damage) caused by the gross negligence or willful misconduct of Landlord, its agents,
<br />employees or contractors. Nothing contained in this Section 8.2 shall limit (or be deemed to limit)
<br />the waivers contained in Section 8.6 below. In the event of any conflict between the provisions of
<br />Section 8.6 below and this Section 8. , the provisions of a ec.ITtion 8,0 shall prevail. This Section
<br />8.2 shall survive the expiration or earlier termination of this Lease.
<br />Section 83 Indealmnilication b y Landlord. Landlord shall protect, defend, indemnify
<br />and hold Tenant, its agents, employees and contractors harmless from and against any and all
<br />claims, damages, demands, penalties, costs, liabilities, losses and expenses (including reasonable
<br />attorneys' fees and expenses at the trial and appellate levels actually incurred without regard to
<br />statutory interpretation) to the extent arising out of or relating to the gross negligence or willful
<br />misconduct of Landlord or Landlord's agents, employees, contractors or invitees. Nothing
<br />contained in this Section 83 shall limit (or be deemed to limit) the waivers contained in Section
<br />8_6 below. In the event of any conflict between the provisions of Section 8.6 below and this
<br />Section ° i �, the provisions of Section 8.6 shall prevail. This Section 8. shall survive the
<br />"�cc.t1�°1It 8_.�
<br />expiration or earlier termination of this Lease.
<br />Section 8.4 Tenant's Insurance.
<br />LEASE AGREEMENT — CITY OF SOUTH BEND AT IGNITION PARK PAGE 8
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