|
14
<br />condition of the Premises or occasioned wholly or in part by any act or omission of Tenant, its
<br />agents contractors, employees, licensees, invitees or visitors, occurring on or about the Premises
<br />and in the case of Tenant, its agents, contractors or employees occurring on or about the Building.
<br />Except for loss, injury or damage caused by the negligent acts or willful misconduct of Tenant, its
<br />employees, contractors, invitees, licensees, visitors or agents, Commission covenants to Indemnify
<br />Tenant, and save it harmless, from and against any and all claims, actions, damages, injuries,
<br />accidents, liability and expense, including reasonable attorneys' fees, in connection with or arising
<br />from, or occasioned wholly or in part by, any act or omission of Commission, its agents, contractors
<br />or employees occurring on or about the Building, excluding the Premises.
<br />(d)Covenant to Hold Harmless. Commission shall be defended and held harmless by
<br />Tenant from any liability or claims for damages to any person or any property in or upon the
<br />Premises unless caused by the willful act of Commission, including but not limited to the person
<br />and property of Tenant and its officers, agents, employees, and shall pay all expenses incurred by
<br />Commission in defending any such claim or action, including without limitation attorney fees of
<br />Commission and any judgment or court costs. All property kept, stored or maintained in the
<br />Premises shall be so kept, stored or maintained solely at the risk of Tenant. Except for loss, injury
<br />or damage caused solely by the willful misconduct or gross negligence of Commission, its
<br />employees, contractors, or agents, the Commission shall not be liable for damage caused by hidden
<br />defects or failure to keep said Premises in repair, and shall not be liable for any damage done or
<br />occasioned by or from plumbing, gas, water, steam, or other pipes, or sewerage, or the bursting or
<br />leaking of plumbing or of any plumbing or heating fixtures or waste or soil pipe existing in
<br />connection with the Building or Premises, nor for damage occasioned by water, nor for any
<br />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
<br />property.
<br />The Commission shall not be liable for any injury to the Tenant, its employees and agents
<br />or any other person, occurring on said Premises, irrespective of whether said injury is caused by a
<br />defect in said Premises or by reasons of said Premises becoming out of repair or arising from any
<br />other cause whatsoever, and the Commission shall not be liable for damage to Tenant's property or
<br />to the property of any other person which may be located in or upon said Premises and the Tenant
<br />agrees to indemnify, defend, and save harmless the Commission from any and all claims arising
<br />out of injuries to persons or property occurring on said Premises.
<br />9.6. Release of Subrogation. Each Party hereto does hereby release and discharge the
<br />other Party from any liability, which the released Party would have had (but for this section) to the
<br />releasing Party, arising out of or in connection with any accident or occurrence or casualty: (a)
<br />which is or would be covered by a fire and extended-coverage policy with vandalism and malicious
<br />mischief endorsement or by a sprinkler leakage or water damage policy, regardless of whether or
<br />not such coverage is being carried by the releasing Party, and (b) to the extent of recovery under
<br />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
<br />is the releasing Party, it will also release the other tenants in the Building from any such liability
<br />as if the other tenants were each a released Party under this section. Notwithstanding anything
<br />contained in this Sublease to the contrary, Commission shall not be liable for any damage to person
|