Common use of Of Landlord Clause in Contracts

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees, costs and disbursements) arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent is caused by the gross negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents advisors, employees, partners, shareholders and directors against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees) (collectively, costs and disbursements“Losses”) arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2); provided, however, that in no event shall Tenant be required to indemnify Landlord against any claims, demands or losses resulting from any failure of Landlord to observe any of the terms and conditions of this Lease, including, without limitation, the covenant set forth in Paragraph 9.2(a) above, in each case to the extent such failure or breach has persisted for an unreasonable period of time after written notice of such failure or breach. If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 16.1 shall survive any the expiration or earlier termination of this Lease.

Of Landlord. Subject to the terms of Paragraph 17, Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees, costs and disbursements) arising from (1i) the use of the Premises, the Building or the Project by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building or the Project, and (2ii) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3iii) any action or proceeding brought on account of any matter in items (1i) or (2ii); however, the foregoing indemnity shall not be applicable to the extent any claims arising by reason of the negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease. If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (iA) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent is such matters are caused by the gross negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (iiB) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 16(a) shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents 's advisors, employees, partners, shareholders and directors against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees) (collectively, costs and disbursements"Losses") arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2); provided, however, that in no event shall Tenant be required to indemnify Landlord against any claims, demands or losses resulting from any failure of Landlord to observe any of the terms and conditions of this Lease, including, without limitation, the covenant set forth in Paragraph 9.2(a) above, in each case to the extent such failure or breach has persisted for an unreasonable period of time after written notice of such failure or breach. If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 16.1 shall survive any the expiration or earlier termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s 's Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees, costs and disbursements) arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.*CONFIDENTIAL TREATMENT REQUESTED

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees, costs and disbursements) arising from (1i) the use of the Premises, the Building or the Project by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building or the Project, and (2ii) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3iii) any action or proceeding brought on account of any matter in items (1i) or (2ii); provided, however, that Tenant shall not be required to indemnify Landlord against any claims resulting from the gross negligence of Landlord or Landlord’s Agents or the breach or default by Landlord in the terms of this Lease (if such breach or default has persisted for an unreasonable period of time after written notice of such failure). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (iA) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (iiB) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 17 shall survive any termination of this Lease.

Of Landlord. Subject to the terms of Paragraph 17 below, Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees, costs and disbursements) arising from (1i) the use of the Premises, the Building or the Project by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building or the Project, and (2ii) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3iii) any action or proceeding brought on account of any matter in items (1i) or (2ii); however, the foregoing indemnity shall not be applicable to the extent any claims arising by reason of the negligence or willful misconduct of Landlord or Landlord’s Agents. If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (iA) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent is caused by the gross negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (iiB) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees, costs and disbursements) arising from (1i) the use of the Premises, Premises or the Building or the Project by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building Premises or the ProjectBuilding, and (2ii) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3iii) any action or proceeding brought on account of any matter in items (1i) or (2ii). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (iA) damage to property or injury to persons in or about the Premises, Premises or the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (iiB) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 15 shall survive any termination of this Lease.

Of Landlord. Subject to the terms of Paragraph 17, Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees, costs and disbursements) arising from (1i) the use of the Premises, the Building or the Project by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building or the Project, and (2ii) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3iii) any action or proceeding brought on account of any matter in items (1i) or (2ii); however, the foregoing indemnity shall not be applicable to the extent any claims arising by reason of the negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease. If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (iA) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent is such matters are caused by the gross negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (iiB) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 16(a) shall survive any termination of this Lease.. (b)

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s 's Agents against and from any and all claimsclaim, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees, costs and disbursements) arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the sole active gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord Landlord, Landlord's investment advisor and agent, Allegis Realty Investors LLC, and Landlord’s 's Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ attorney's fees, costs and disbursements) arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its it entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the sole active gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s 's Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ attorney's fees, costs and disbursements) arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents ----------- agents, employees, partners, shareholders, directors, invitees, and independent contractors (collectively "Agents") of Landlord against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees, costs and disbursements) arising from (1) the Tenant's use of the Premises, the Building or the Project by Tenant or Tenant’s Agents, Premises or from any activity done, permitted or suffered by Tenant Tenant, its agents, employees or Tenant’s Agents independent contractors in or and about the Premises, the Building or the ProjectProperty, and (2) any act, neglect, fault, willful misconduct or omission of Tenant Tenant, or Tenant’s Agents, 's Agents and invitees or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project Premises from any cause whatsoever (except to the extent that which is caused by the gross sole active negligence or willful misconduct of by Landlord or Landlord’s its Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease), if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premisesand Tenant hereby waives all claims in respect thereof against Landlord. The obligations of Tenant under this Paragraph 16 15 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s 's Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees, costs and disbursements) arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents's Agents in connection with this Lease, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.the

Of Landlord. Except to the extent caused by the negligence or willful misconduct of Landlord or Landlord’s Agents or a breach of Landlord’s obligations under this Lease, Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees, costs and disbursements) arising from (1i) the use of the Premises, the Building Buildings or the Project by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building Buildings or the Project, including any mold or Mold Conditions caused by the actions of Tenant or Tenant’s Agents, and (2ii) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3iii) any action or proceeding brought on account of any matter in items (1i) or (2ii). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (iA) damage to property or injury to persons in or about the Premises, the Building Buildings or the Project from any cause whatsoever (except to the extent that which is caused by the gross active negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure (provided that such written notice and cure period shall only be required if Tenant has actual knowledge of such failure)), or (iiB) loss resulting from business interruption or loss of income at the Premises. For purposes of this Paragraph 16(a), “active negligence” shall mean negligence resulting from the actual physical activities or actions of Landlord, as distinguished from “passive negligence” (i.e., negligence resulting from the failure of Landlord to act or to take an action which Landlord might have otherwise taken). By way of example only, if Landlord’s employees enter upon the Premises and, acting negligently, strike and physically injure an employee of Tenant, such negligence shall constitute “active negligence” hereunder. If, on the other hand, Landlord fails to take an action (such as the performance of a repair) which a reasonable landlord under similar circumstances should have taken, and if such failure is held to constitute negligence, then such negligence shall be deemed “passive negligence” hereunder. The obligations of Tenant under this Paragraph 16 16(a) shall survive any termination of this Lease.

Of Landlord. Except to the extent of damage caused by the gross negligence or willful misconduct of Landlord or Landlord's Agents, Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s 's Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees, costs and disbursements) to the extent arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent is caused by the sole active gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s 's Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ '' fees, costs and disbursements) arising from (1i) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2ii) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3iii) any action or proceeding brought on account of any matter in items (1i) or (2ii). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (iA) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the sole active gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (iiB) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s 's Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees, costs and disbursements) arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3) any action or or-proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the sole active gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees, costs and disbursements) arising from (1i) the use of the Premises, the Building or the Project by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building or the Project, including any mold or Mold Conditions, and (2ii) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3iii) any action or proceeding brought on account of any matter in items (1i) or (2ii). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (iA) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (iiB) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s 's Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees, costs and disbursements) arising from (1i) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2ii) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3iii) any action or proceeding brought on account of any matter in items (1i) or (2ii). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (iA) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the sole active gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (iiB) loss resulting from business interruption or loss of income at the Premises. The obligations Without limiting the generality of foregoing, in consideration of Landlord's willingness to permit Tenant under to occupy the Initial Premises prior to the Subsequent Premises Commencement Date, Tenant expressly releases Landlord and Landlord's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of damage to property or injury to persons in or about the Premises, the Building or the Project, however caused, and loss resulting from business interruption or loss of income at the Premises resulting from or related to, directly or indirectly, the Seismic Work. Tenant acknowledges and agrees that Landlord would not permit Tenant to occupy the Initial Premises during the performance of the Seismic Work but for the agreement by Tenant to the terms of the foregoing release, and that by entering upon the Premises prior to the Subsequent Premises Commencement Date, Tenant expressly assumes all risk of damage to property or injury to persons resulting from or related to, directly or indirectly, the Seismic Work. In furtherance of the foregoing terms contained in this Paragraph 16 17(a), Tenant expressly waives all rights under California Civil Code section 1542, which provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Initials: /s/ TENANT The terms and provisions of this Paragraph 17 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees, costs and disbursements) arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 17 shall survive any termination of this Lease.

Of Landlord. Except to the extent caused by Landlord’s gross negligence or willful misconduct, Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees, costs and disbursements) arising from (1) the use of the Premises, Premises or the Building or the Project by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building Premises or the ProjectBuilding, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3) any action or or-proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, Premises or the Building or the Project from any cause whatsoever (except to the extent whatsoever, including that which is caused by the negligence of Landlord or Landlord’s Agents (except that which is caused by the sole active gross negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees, costs and disbursements) arising from (1i) the use of the Premises, the Building or the Project by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building or the Project, including any mold or Mold Conditions, and (2ii) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3iii) any action or proceeding brought on account of any matter in items (1i) or (2ii). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (iA) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent is caused by the gross negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (iiB) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.

Of Landlord. Subject to the terms of Paragraph 17, Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees, costs and disbursements) arising from (1i) the use of the Premises, the Building or the Project by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building or the Project, and (2ii) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3iii) any action or proceeding brought on account of any matter in items (1i) or (2ii); however, the foregoing indemnity shall not be applicable to the extent any claims arising by reason of the negligence or willful misconduct of Landlord or Landlord’s Agents. If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (iA) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent is such matters are caused by the gross negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (iiB) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 16(a) shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s 's Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees) (collectively, costs and disbursements"Claims") arising from (1i) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2ii) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3iii) any action or proceeding brought on account of any matter in items (1i) or (2ii); provided, however, that the foregoing indemnity shall not extend to any Claims resulting from the gross negligence or willful misconduct of Landlord. If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (iA) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable a period of time thirty (30) days after written notice of such failurefailure or such longer period as shall be reasonably required to cure such failure if such failure cannot reasonably be cured within the aforesaid thirty (30) day period), or (iiB) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 17 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s 's Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees, costs and disbursements) arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s 's Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees, costs and disbursements) arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 16(a) shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s 's Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees, costs and disbursements) to the extent arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and including any Hazardous Materials introduced by Tenant or Tenant’s Agents, (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to approved by Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent is caused by the gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents 's advisors, employees. partners, shareholders and directors against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees) (collectively, costs and disbursements"LOSSES") arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2); provided, however, that in no event shall Tenant be required to indemnify Landlord against any claims, demands or losses resulting from any failure of Landlord to observe any of the terms and conditions of this Lease, including, without limitation, the covenant set forth in Paragraph 9.2(a) above, in each case to the extent such failure or breach has persisted for an unreasonable period of time after written notice of such failure or breach. If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 paragraph 16.1 shall survive any the expiration or earlier termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents ------------ agents, employees, partners, shareholders, directors, invitees, and independent contractors (collectively "Agents") of Landlord against and from any and all claims, suits, ; liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees, costs and disbursements) arising from (1) the Tenant's use of the Premises, the Building or the Project by Tenant or Tenant’s Agents, Premises or from any activity done, permitted or suffered by Tenant Tenant, its agents, employees or Tenant’s Agents independent contractors in or and about the Premises, the Building or the Project, Property; and (2) any act, neglect, fault, willful misconduct or omission of Tenant Tenant, or Tenant’s Agents, 's Agents and invitees or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project Premises from any cause whatsoever (except to the extent that which is caused by the gross sole active negligence or willful misconduct of by Landlord or Landlord’s its Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease), if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premisesand Tenant hereby waives all claims in respect thereof against Landlord. The obligations of Tenant under this Paragraph 16 15 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees, costs and disbursements) arising from (1) the use of the Premises, the Building or the Project Premises by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3) any action or or-proceeding brought on account of any matter in items (1) or (2); provided, that the foregoing indemnity shall not apply to the gross negligence or willful misconduct of Landlord or Landlord’s Agents. If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project Premises from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 15 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents agents, employees, partners, shareholders, directors, invitees, and independent contractors (collectively "Agents") of Landlord against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees, costs and disbursements) arising from (1) the Tenant's use of the Premises, the Building or the Project by Tenant or Tenant’s Agents, Premises or from any activity done, permitted or suffered by Tenant Tenant, its agents, employees or Tenant’s Agents independent contractors in or and about the Premises, the Building or the ProjectProperty, and (2) any act, neglect, fault, willful misconduct or omission of Tenant Tenant, or Tenant’s Agents, 's Agents and invitees or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project Premises from any cause whatsoever (except to the extent that which is caused by the gross sole active negligence or willful misconduct of by Landlord or Landlord’s its Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease), if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premisesand Tenant hereby waives all claims in respect thereof against Landlord. The obligations of Tenant under this Paragraph 16 15 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents 's advisors, employees, partners, shareholders and directors against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees) (collectively, costs and disbursements"Losses") arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3) any action or or. proceeding brought on account of any matter in items (1) or (2); provided, however, that in no event shall Tenant be required to indemnify Landlord against any claims, demands or losses resulting from any failure of Landlord to observe any of the terms and conditions of this Lease, including, without limitation, the covenant set forth in Paragraph 9.2(a) above, in each case to the extent such failure or breach has persisted for an unreasonable period of time after written notice of such failure or breach. If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 16.1 shall survive any the expiration or earlier termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold hold, harmless Landlord and Landlord’s 's Agents against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ ' fees, costs and disbursements) arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s 's Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s 's Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s 's Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s 's Agents, and (3) any action or proceeding brought on account of any matter in items (1) or (2). If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s 's expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s 's Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the sole active gross negligence or willful misconduct of Landlord or Landlord’s 's Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 shall survive any termination of this Lease.

Of Landlord. Tenant shall defend, protect, indemnify and hold harmless Landlord and Landlord’s Agents advisors, employees, partners, shareholders and directors against and from any and all claims, suits, liabilities, judgments, costs, demands, causes of action and expenses (including, without limitation, reasonable attorneys’ fees) (collectively, costs and disbursements“Losses”) arising from (1) the use of the Premises, the Building or the Project by Tenant or Tenant’s Agents, or from any activity done, permitted or suffered by Tenant or Tenant’s Agents in or about the Premises, the Building or the Project, and (2) any act, neglect, fault, willful misconduct or omission of Tenant or Tenant’s Agents, or from any breach or default in the terms of this Lease by Tenant or Tenant’s Agents, and (3) any action or or. proceeding brought on account of any matter in items (1) or (2); provided, however, that in no event shall Tenant be required to indemnify Landlord against any claims, demands or losses resulting from any failure of Landlord to observe any of the terms and conditions of this Lease, including, without limitation, the covenant set forth in Paragraph 9.2(a) above, in each case to the extent such failure or breach has persisted for an unreasonable period of time after written notice of such failure or breach. If any action or proceeding is brought against Landlord by reason of any such claim, upon notice from Landlord, Tenant shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord. As a material part of the consideration to Landlord, Tenant hereby releases Landlord and Landlord’s Agents from responsibility for, waives its entire claim of recovery for and assumes all risk of (i) damage to property or injury to persons in or about the Premises, the Building or the Project from any cause whatsoever (except to the extent that which is caused by the gross negligence or willful misconduct of Landlord or Landlord’s Agents or by the failure of Landlord to observe any of the terms and conditions of this Lease, if such failure has persisted for an unreasonable period of time after written notice of such failure), or (ii) loss resulting from business interruption or loss of income at the Premises. The obligations of Tenant under this Paragraph 16 16.1 shall survive any the expiration or earlier termination of this Lease.