Common use of Tenant Indemnity Clause in Contracts

Tenant Indemnity. Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause whatsoever and agrees that Landlord, its property manager, managing agents, investors, officers, partners, subpartners, members, managers, lenders (including, without limitation, any trustee, mortgagee or holder of any trust indenture, deed of trust or mortgage which now or hereafter encumbers the Building and/or Project), ground lessors and their respective officers, agents, servants, employees, and independent contractors (collectively, “Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. To the extent permitted under applicable Law, Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all losses, costs, damages, actions, causes of actions, proceedings, liens, fines, penalties, expenses and liabilities (including without limitation court costs and reasonable attorneys’ fees incurred in connection with the proceeding whether at trial or on appeal) (collectively, “Claims”) incurred in connection with or arising from any cause in, on or about the Premises, any violation of any of Laws, including, without limitation, any environmental Laws, any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in, on or about the Project or any breach of the terms of this Lease, either prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity shall not apply to the negligence or willful misconduct of one or more of the Landlord Parties. Should Landlord be named as a defendant in any suit brought against Tenant in connection with or arising out of Tenant’s occupancy of the Premises, Tenant shall pay to Landlord its costs and expenses incurred in such suit, including without limitation, its actual professional fees such as appraisers’, accountants’ and attorneys’ fees. Further, Tenant’s agreement to indemnify Landlord pursuant to this Section 10.1.1 is not intended and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease, to the extent such policies cover the matters subject to Tenant’s indemnification obligations, nor shall they supersede any inconsistent agreement of the parties set forth in any other provision of this Lease. The provisions of this Section 10.1.1 shall survive the expiration or sooner termination of this Lease.

Tenant Indemnity. Tenant hereby assumes shall indemnify and save harmless Landlord against 694 and from all risk of damage to property or injury to persons inliabilities, upon or about the Premises from any cause whatsoever suits, obligations, fines, damages, penalties, claims, costs, charges, and agrees that Landlordexpenses, its property manager, managing agents, investors, officers, partners, subpartners, members, managers, lenders (695 including, without limitation, attorneys’ fees and disbursements, that may be imposed upon or asserted 696 against, or reasonably incurred by, Landlord or any trusteeagency or subdivision thereof or its respective agents, mortgagee or holder of any trust indenture697 employees, deed of trust or mortgage which now or hereafter encumbers the Building and/or Project), ground lessors and their respective officers, agents, servants, employees, and independent contractors or officials (collectively, the “Landlord PartiesTenant Indemnitees”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person by reason of the acts or property omissions of Tenant 698 or resulting from its affiliates in the loss performance of use thereof, which damage is sustained by Tenant each of their obligations under this Lease or by other persons claiming through Tenant. To reason of the acts or 699 omissions of Sublessees as defined in Section 2.2(d) above, except to the extent permitted under applicable Lawthat such liability or other 700 loss is caused proximately, in whole or in part, by the negligent or willful acts of Tenant Indemnitees. 701 Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from defend any and all losses, costs, damages, actions, causes legal proceedings commenced against any Tenant Indemnitee arising 702 under Tenant’s obligations under this Article using legal counsel satisfactory to Landlord. Landlord shall 703 use its best efforts to give Tenant reasonable notice of actions, proceedings, liens, fines, penalties, expenses and liabilities (including without limitation court costs and reasonable attorneys’ fees incurred any legal proceeding of which it has actual 704 knowledge. Tenant shall deliver to Landlord copies of documents served in any legal proceeding arising 705 in connection with the proceeding whether at trial or on appeal) (collectivelyParking Facility and, “Claims”) incurred in connection with or arising from whenever requested by Landlord, shall advise Landlord as to 706 the status of such legal proceeding; provided, however, that any such consultation shall not cause in, on or about the Premises, Tenant 707 to waive any violation claim of any of Lawsprivilege, including, without limitation, any environmental Laws, any acts, omissions or negligence of attorney-client privilege. If Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or fails to 708 defend any such personlegal proceeding, in, on or about Landlord shall have the Project or right (but not the obligation) to defend the 709 proceeding at Tenant’s expense. Tenant shall not settle any breach such legal proceeding without Landlord’s 710 prior written consent unless the effect of the terms such settlement shall be to release all Tenant Indemnitees from 711 all liability with respect to such legal proceeding (and all claims and liabilities asserted therein). For 712 purposes of this LeaseSection, either prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity shall not apply to the negligence or willful misconduct of one or more of the Landlord Parties“legal proceedings” includes legal actions and administrative proceedings. Should Landlord be named as a defendant in any suit brought against Tenant in connection with or arising out of Tenant’s occupancy of the Premises, Tenant shall pay to Landlord its costs and expenses incurred in such suit, including without limitation, its actual professional fees such as appraisers’, accountants’ and attorneys’ fees. Further, Tenant’s agreement to indemnify Landlord pursuant to this Section 10.1.1 is not intended and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease, to the extent such policies cover the matters subject to Tenant’s indemnification obligations, nor shall they supersede any inconsistent agreement of the parties set forth in any other provision of this Lease. The provisions of this Section 10.1.1 shall survive the expiration or sooner termination of this Lease.713

Tenant Indemnity. To the fullest extent permitted by law and except as provided below, Tenant hereby assumes waives all risk of Claims against Landlord and the Landlord Parties for damage to any property or injury to persons or death of any person in, upon or about the Premises Premises, the Building or the Project arising at any time and from any cause whatsoever cause. Except for Claims arising from the gross negligence or willful misconduct of Landlord or Landlord’s employees or agents with regard to the Project, Tenant hereby agrees to indemnify, defend and agrees that Landlordhold harmless each of Landlord and the Landlord Parties from and against all Claims, its property manager, managing agents, investors, officers, partners, subpartners, members, managers, lenders (including, including without limitation, any trustee, mortgagee Claims for damage to any property or holder injury to or death of any trust indentureperson, deed of trust arising from or mortgage which now related to (a) any act or hereafter encumbers the Building and/or Project), ground lessors and their respective officersomission by Tenant or Tenant’s employees, agents, servantscontractors, employees, and independent contractors (collectively, “Landlord Parties”) shall not be liable for, and are hereby released from invitees or any responsibility for, any damage either to other person or property or resulting from the loss of use thereof, which damage is sustained by claiming under Tenant or by other persons claiming through Tenant. To the extent permitted under applicable Law, Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all losses, costs, damages, actions, causes of actions, proceedings, liens, fines, penalties, expenses and liabilities (including without limitation court costs and reasonable attorneys’ fees incurred in connection with the proceeding whether at trial or on appeal) (collectively, “Claims”) incurred in connection with or arising from any cause in, on or about the Premises, any violation the Building or the Project, or (b) the use or occupancy of any of Lawsthe Premises, including, without limitation, any environmental Laws, any acts, omissions the Building or negligence of the Project by Tenant or of Tenant’s employees, agents, contractors, invitees or any other person claiming by, through or under Tenant, or (c) the negligence or willful misconduct of the contractorsTenant or Tenant’s employees, agents, servantscontractors, employees, invitees, guests or licensees of Tenant invitees or any such personother person claiming under Tenant, in, on or about the Project Premises, the Building or the Project, or (d) any breach of the terms of or default by Tenant under this Lease, either prior to, duringor (e) any sign in, or after about the expiration Premises, the Building or the Project installed by Tenant in accordance with Paragraph 34 below. If any action or proceeding is brought against Landlord or any of the Lease Term, provided that the terms Landlord Parties by reason of any of the foregoing indemnity shall not apply to the negligence or willful misconduct of one or more of the Landlord Parties. Should Landlord be named as a defendant in any suit brought against Tenant in connection with or arising out of Tenant’s occupancy of the Premisesmatters, Tenant shall pay upon notice defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord its costs and expenses incurred Landlord shall cooperate with Tenant in such suitdefense. Landlord need not have first paid any such Claim in order to be defended or indemnified. All of the obligations of Tenant set forth in this Lease including, including without limitation, its actual professional fees such as appraisers’, accountants’ and attorneys’ fees. Further, Tenant’s agreement to indemnify Landlord pursuant to this Section 10.1.1 is not intended and shall not relieve any insurance carrier of its the obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease, to the extent such policies cover the matters subject to Tenant’s indemnification obligations, nor shall they supersede any inconsistent agreement of the parties set forth in any other provision of this Lease. The provisions of this Section 10.1.1 Paragraph 8.6 shall survive the expiration or sooner earlier termination of this Lease.

Tenant Indemnity. Tenant hereby assumes all risk of damage Subject to property or injury to persons in, upon or about the Premises from any cause whatsoever and agrees that Landlord, its property manager, managing agents, investors, officers, partners, subpartners, members, managers, lenders (including, without limitation, any trustee, mortgagee or holder of any trust indenture, deed of trust or mortgage which now or hereafter encumbers the Building and/or Project), ground lessors and their respective officers, agents, servants, employeesSection 19(f) below, and independent contractors (collectively, “Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either except to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. To the extent permitted under applicable Law, Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all losses, costs, damages, actions, causes of actions, proceedings, liens, fines, penalties, expenses and liabilities (including without limitation court costs and reasonable attorneys’ fees incurred in connection with the proceeding whether at trial or on appeal) (collectively, “Claims”) incurred in connection with or arising from any cause in, on or about the Premises, any violation of any of Laws, including, without limitation, any environmental Laws, any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in, on or about the Project or any breach of the terms of this Lease, either prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity shall not apply due to the negligence or willful misconduct of one Landlord or more any of the Landlord’s Representatives, Tenant shall indemnify Landlord, Landlord’s Rental Agent, and their respective agents and employees and save them harmless from and against any and all claims, actions, damages, liabilities and expense (including reasonably attorneys’ fees and legal expenses) (collectively “Landlord Parties. Should Landlord be named as a defendant in any suit brought against Tenant Claims”) in connection with loss of life, personal injury and/or damage to property arising from or arising out of or in connection with (i) the occupancy or use by Tenant of the Demised Premises or any part thereof, or (ii) any occurrence in, upon or at the Demised Premises or on the roof that is the result of any willful misconduct or negligence of Tenant or any of Tenant’s occupancy of Representatives during the PremisesTerm; provided, however, that in no event shall Tenant shall pay have any liability to Landlord its costs and expenses for any indirect losses or consequential damages whatsoever or for claims for which Landlord is insured or required under this Lease to be insured. Landlord shall promptly notify Tenant in writing of any Landlord Claim suffered or incurred in such suit, including without limitation, its actual professional fees such as appraisers’, accountants’ and attorneys’ fees. Further, by Landlord that is covered by Tenant’s agreement to indemnify Landlord pursuant to this Section 10.1.1 is not intended and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease, to the extent such policies cover the matters subject to Tenant’s indemnification obligations, nor shall they supersede any inconsistent agreement of the parties indemnity set forth in any other provision of this Lease. The provisions of this Section 10.1.1 18(d), and Tenant shall survive have exclusive control over Landlord’s defense; provided that Tenant shall retain counsel therefor that has been approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed), and Tenant shall not settle or compromise any Landlord Claim where the expiration terms of such settlement or sooner termination of this Leasecompromise may have an adverse effect upon Landlord without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the preceding sentence to the contrary, if Landlord so desires, Landlord may, at Landlord’s sole cost and expense, engage separate counsel to represent Landlord in connection with a Landlord Claim.

Tenant Indemnity. In addition to any other obligations of Tenant hereunder, including the obligations of Tenant to provide insurance. Tenant shall defend, indemnify and hold Landlord harmless for, from and against any and all claims arising from Tenant’s use of the Premises, or from the conduct of Tenant’s business or from any activity, work or things done, permitted or suffered by Tenant in or about the Premises or elsewhere and shall further defend, indemnify and hold Landlord harmless for, from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any negligence of Tenant, or any of Tenant’s agents, contractors, or employees, and for, from and against all costs, attorneys’ fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon, except to the extent caused by Landlord’s gross negligence or willful misconduct ; and in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord for Landlord’s execution of this Lease, also hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause whatsoever and agrees that Landlord, its property manager, managing agents, investors, officers, partners, subpartners, members, managers, lenders (including, without limitation, any trustee, mortgagee or holder of any trust indenture, deed of trust or mortgage which now or hereafter encumbers the Building and/or Project), ground lessors and their respective officers, agents, servants, employees, and independent contractors (collectively, “Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. To the extent permitted under applicable Law, Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all losses, costs, damages, actions, causes of actions, proceedings, liens, fines, penalties, expenses and liabilities (including without limitation court costs and reasonable attorneys’ fees incurred in connection with the proceeding whether at trial or on appeal) (collectively, “Claims”) incurred in connection with or arising from any cause inwhatsoever; hereby waives all claims in respect thereof against Landlord, on or about the Premises, any violation of any of Laws, including, without limitation, any environmental Laws, any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in, on or about the Project or any breach of the terms of this Lease, either prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity shall not apply except to the extent caused by Landlord’s gross negligence or willful misconduct of one or more of the Landlord Parties. Should Landlord misconduct; and agrees that all claims with respect thereto shall be named as a defendant in any suit brought made solely against Tenant in connection with or arising out of Tenant’s occupancy of the Premises, Tenant shall pay to Landlord its costs and expenses incurred in such suit, including without limitation, its actual professional fees such as appraisers’, accountants’ and attorneys’ fees. Further, Tenant’s agreement to indemnify Landlord pursuant to this Section 10.1.1 is not intended and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease, to the extent such policies cover the matters subject to Tenant’s indemnification obligations, nor shall they supersede any inconsistent agreement of the parties set forth in and/or against any other provision of this Lease. The provisions of this Section 10.1.1 shall survive the expiration persons or sooner termination of this Leaseentities which may be liable for such claims.

Tenant Indemnity. Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause whatsoever and agrees that Landlord, its property manager, managing agents, investors, officers, partners, subpartners, members, managers, lenders (including, without limitation, any trustee, mortgagee or holder of any trust indenture, deed of trust or mortgage which now or hereafter encumbers the Building and/or Project), ground lessors and their respective officers, agents, servants, employees, and independent contractors (collectively, “Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. To the extent permitted under applicable Law, Tenant shall indemnify, protect, defend, protect, and hold harmless the Landlord Parties Leased Premises, Landlord, and its members, managers, employees, agents, contractors, partners, and Lenders from and against any and all lossesclaims, costsactions, demands, suits, proceedings, orders, losses (including loss of rents), damages, actions, causes of actions, proceedings, liens, finesjudgments, penalties, expenses and liabilities (including without limitation court costs and reasonable attorneys’ fees incurred in connection with the proceeding whether at trial or on appeal) and consultants’ fees, expenses, and/or liabilities (collectively, “Claims”) incurred in connection with arising out of: (a) the use and/or occupancy of the Leased Premises by Tenant; (b) the conduct of Tenant’s business on the Leased Premises; (c) any act, omission, fault, or arising from any cause in, neglect on or about the PremisesLeased Premises of Tenant, its agents, employees, contractors, subtenants, licensees, visitors, or invitees; or (d) any violation of any of Laws, including, without limitation, any environmental Laws, any acts, omissions or negligence of Tenant or of any person claiming by, through or under terms hereof by Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in, on or about the Project or any breach of the terms of this Lease, either prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity shall not apply to the negligence or willful misconduct of one or more of the Landlord Parties. Should Landlord be named as a defendant in any suit brought against Tenant in connection with or arising out of Tenant’s occupancy of the Premises, Tenant shall pay to Landlord its costs and expenses incurred in such suit, including without limitation, its actual professional fees such as appraisers’, accountants’ and attorneys’ fees. Further, Tenant’s agreement to indemnify Landlord pursuant to this Section 10.1.1 is not intended and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease, except to the extent such policies cover Claim is the matters subject result of Landlord’s gross negligence or willful misconduct. A party seeking indemnification pursuant to Tenant’s indemnification obligations, nor the indemnity set forth herein (the “Claimant”) shall they supersede any inconsistent agreement give Tenant prompt written notice of the parties set forth in any other provision of this LeaseClaim for which it seeks indemnification. The provisions Tenant shall be entitled to participate in the defense of such Claim. If at any time the Tenant acknowledges in writing that the Claim is fully indemnifiable, Tenant shall have the right to assume total control of the defense of such Claim at its own expense in which case Tenant shall have no liability for any additional attorney fees incurred by such Claimant. If Xxxxxx does not assume total control of the defense of any such Claim, the Claimant agrees not to settle such Claim without the written consent of the Tenant. Nothing contained in this Section 10.1.1 23 shall survive prevent either the expiration Tenant or sooner termination the Claimant from assuming total control of the defense and/or settling any Claim against it for which indemnification is not sought under this LeaseSection.

Tenant Indemnity. Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause whatsoever and agrees that Landlord, its property manager, managing agents, investors, officers, partners, subpartners, members, managers, lenders (including, without limitation, any trustee, mortgagee or holder of any trust indenture, deed of trust or mortgage which now or hereafter encumbers the Building and/or Project), ground lessors and their respective officers, agents, servants, employees, and independent contractors (collectively, “Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. To the extent permitted under applicable LawExcept as otherwise provided in this section, Tenant shall indemnify, defenddefend (using legal counsel reasonably acceptable to Landlord) and save Landlord harmless from all claims, protectsuits, and hold harmless the Landlord Parties from any and all losses, costs, damages, actions, causes of actions, proceedings, liens, fines, penalties, liabilities and expenses and liabilities (including without limitation court Landlord's personnel and overhead costs and reasonable attorneys’ attorneys fees and other costs incurred in connection with the proceeding claims, regardless of whether at trial such claims involve litigation but excluding consequential damages such as lost profits) resulting from any actual or on appealalleged injury (including death) (collectivelyof any person or from any actual or alleged loss of or damage to, “Claims”) incurred any property arising out of or in connection with (i) Tenant's occupation, use or arising from any cause in, on or about improvement of the Premises, or that of its employees, agents or contractors, (ii) Tenant's breach of its obligations hereunder, or (iii) any violation of any of Laws, including, without limitation, any environmental Laws, any acts, omissions act or negligence omission of Tenant or any subtenant, licensee, assignee or concessionaire of any person claiming by, through or under Tenant, or of the contractorsany officer, agentsagent, servantsemployee, employeesguest or invitee of Tenant, invitees, guests or licensees of Tenant or any such person, in, on or about entity in the Project or any breach of the terms of this Lease, either prior to, during, or after the expiration of the Lease Term, provided Premises. Tenaxx xxxees that the terms of the foregoing indemnity shall not apply specifically covers actions brought by its own employees. This indemnity with respect to acts or omissions during the negligence or willful misconduct of one or more of the Landlord Parties. Should Landlord be named as a defendant in any suit brought against Tenant in connection with or arising out of Tenant’s occupancy of the Premises, Tenant shall pay to Landlord its costs and expenses incurred in such suit, including without limitation, its actual professional fees such as appraisers’, accountants’ and attorneys’ fees. Further, Tenant’s agreement to indemnify Landlord pursuant to this Section 10.1.1 is not intended and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions term of this Lease, to the extent such policies cover the matters subject to Tenant’s indemnification obligations, nor Lease shall they supersede any inconsistent agreement of the parties set forth in any other provision survive termination or expiration of this Lease. The provisions foregoing indemnity is specifically and expressly intended to, constitute a waiver of this Section 10.1.1 Tenant's immunity under Washington's Industrial Insurance Act, RCW Title 51, to the extent necessary to provide Landlord with a full and complete indemnity from claims made by Tenant and its employees, to the extent provided herein. Tenant shall survive promptly notify Landlord of casualties or accidents occurring in or about the expiration or sooner termination of this LeasePremises. LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF SECTION 8.F AND THIS SECTION 15 WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.

Tenant Indemnity. Subject to the provisions of Section 10(C) hereof, Tenant hereby assumes shall protect, defend, indemnify and hold harmless the Landlord Protected Parties from and against any and all risk of damage to property or injury to persons inclaims, upon or about the Premises from any cause whatsoever demands, liabilities, damages, judgments, orders, decrees, actions, proceedings, fines, penalties, losses, costs and agrees that Landlord, its property manager, managing agents, investors, officers, partners, subpartners, members, managers, lenders expenses (including, without limitation, any trustee, mortgagee or holder of any trust indenture, deed of trust or mortgage which now or hereafter encumbers the Building and/or Project), ground lessors and their respective officers, agents, servants, employees, and independent contractors (collectively, “Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. To the extent permitted under applicable Law, Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all losses, costs, damages, actions, causes of actions, proceedings, liens, fines, penalties, expenses and liabilities (including without limitation court costs and reasonable attorneys’ fees incurred in connection with the proceeding whether at trial or on appealand expenses) (collectively, “ClaimsDamages”) incurred in connection with suffered by a Landlord Protected Party directly or arising from any cause in, on or about the Premises, any violation by reason of any claim, suit or judgment brought against such Landlord Protected Party to the extent arising out of Laws, including, without limitation, or attributable to any environmental Laws, any acts, omissions negligent act or negligence omission or willful misconduct of Tenant or of any person claiming by, through or under Tenant, or of the contractors, its agents, servants, employees, invitees, guests contractors or licensees of Tenant or any such person, in, on or about the Project subcontractors or any breach of Tenant’s obligations under this Lease with respect to Tenant’s leasing of or operations in the terms Premises, including, but not limited to, bodily injury (including death) or property damage. If any claim for Damages is asserted or any such action is brought, Landlord shall give Tenant prompt notice thereof and Tenant shall resist and defend such claim, action or proceeding by counsel approved by Landlord or the applicable Landlord Protected Party (such approval not to be unreasonably withheld, conditioned or delayed); however, Tenant shall not be liable for the costs of any separate counsel employed by any Landlord Protected Party. Landlord hereby approves any counsel designated by Tenant’s insurance carrier. If it shall be finally determined by a court of competent jurisdiction that, pursuant to the foregoing provisions of this LeaseSection, either prior Tenant is or was not required to indemnify or hold harmless any Landlord Protected Party from any such claim, action or judgment for Damages, Landlord shall (or shall cause the applicable Landlord Protected Party to, during, ) reimburse Tenant for all or after the expiration such portion of the Lease Termcosts and expenses incurred by Tenant (or its insurance carrier) under this Section on account thereof plus interest at the Default Rate on such costs and expenses. Without limiting the generality of the foregoing, provided Tenant specifically acknowledges that the terms of the foregoing indemnity herein shall not apply to the negligence or willful misconduct of one or more of the Landlord Parties. Should Landlord be named as a defendant in any suit brought against Tenant claims in connection with or arising out of Tenant’s occupancy any Alteration Work and the installation, maintenance, use or removal of any cabling. Notwithstanding the Premisesforegoing, Tenant shall pay not be obligated to indemnify a Landlord its costs and expenses incurred in Protected Party against such suit, including without limitation, its actual professional fees party’s own negligence or willful misconduct or breach of such as appraisers’, accountants’ and attorneys’ feesparty’s obligations under this Lease. Further, Tenant’s agreement to indemnify Landlord obligations and liabilities pursuant to this Section 10.1.1 is not intended and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease, to the extent such policies cover the matters subject to Tenant’s indemnification obligations, nor shall they supersede any inconsistent agreement of the parties set forth in any other provision of this Lease. The provisions of this Section 10.1.1 shall survive the expiration or sooner earlier termination of this Lease.

Tenant Indemnity. To the fullest extent permitted by law, Tenant hereby assumes all risk of damage to property or injury to persons inshall defend, upon or about the Premises from any cause whatsoever indemnify, protect, save and agrees that Landlordhold harmless Landlord and Master Lessor, its property manager, managing agents, investors, officers, partners, subpartners, members, managers, lenders (including, without limitation, any trustee, mortgagee or holder of any trust indenture, deed of trust or mortgage which now or hereafter encumbers the Building and/or Project), ground lessors and their respective officers, agents, servants, employees, and independent contractors (collectively, “Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss affiliates of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. To the extent permitted under applicable Law, Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all losses, costs, damages, actions, causes of actions, proceedings, liens, fines, penalties, expenses and liabilities (including without limitation court costs and reasonable attorneys’ fees incurred in connection with the proceeding whether at trial or on appeal) (collectively, “Claims”) incurred in connection with or arising from any cause in, on or about the Premises, any violation of any of LawsLandlord, including, without limitation, any environmental Lawscorporations or other entities controlling, controlled by or under common control with Landlord or Master Lessor, from and against any actsand all claims, omissions liabilities, costs or expenses arising either before or after the Commencement Date from Tenant’s use or occupancy of the Premises, the Building or the Common Areas, including, without limitation, the use by Tenant, its agents, employees, invitees or licensees of any recreational facilities within the Common Areas, or from the conduct of its business, or from any activity, work, or thing done, permitted or suffered by Tenant or its agents, employees, invitees or licensees in or about the Premises, the Building or the Common Areas, or from any Event of Default in the performance of any obligation on Tenant’s part to be performed under this Lease, or from any act or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, its agents, servants, employees, inviteesvisitors, guests patrons, guests, invitees or licensees of licensees. Landlord may, at its option, require Tenant or any such person, in, on or about the Project or any breach of the terms of this Lease, either prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity shall not apply to the negligence or willful misconduct of one or more of the Landlord Parties. Should Landlord be named as a defendant assume Landlord’s defense in any suit brought against Tenant in connection with or arising out of Tenant’s occupancy of the Premises, Tenant shall pay to Landlord its costs and expenses incurred in such suit, including without limitation, its actual professional fees such as appraisers’, accountants’ and attorneys’ fees. Further, Tenant’s agreement to indemnify Landlord pursuant to action covered by this Section 10.1.1 is not intended and shall not relieve any insurance carrier of its obligations under policies required through counsel reasonably satisfactory to be carried by Tenant pursuant to the provisions of this Lease, to the extent such policies cover the matters subject to Tenant’s indemnification obligations, nor shall they supersede any inconsistent agreement of the parties set forth in any other provision of this LeaseLandlord. The provisions of this Section 10.1.1 shall expressly survive the expiration or sooner termination of this Lease. Tenant’s obligations under this Section shall not apply in the event that the claim, liability, cost or expense (i) is caused by the willful misconduct of Landlord, Landlord’s employees or authorized agents; or (ii) (1) relates to an obligation of Landlord hereunder; (2) is of the nature that Landlord had knowledge of the condition; (3) a reasonable opportunity to take reasonable curative measures; and (4) failed to do so; or (iii) that is Landlord’s responsibility to indemnify Tenant pursuant to Section 10.4 below.

Tenant Indemnity. Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause whatsoever and agrees that Landlord, its property manager, managing agents, investors, officers, partners, subpartners, members, managers, lenders (including, without limitation, any trustee, mortgagee or holder of any trust indenture, deed of trust or mortgage which now or hereafter encumbers the Building and/or Project), ground lessors and their respective officers, agents, servants, employees, and independent contractors (collectively, “Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. To the extent permitted under applicable Law, Tenant shall indemnifyindemnify and save harmless Landlord against and from all liabilities, defendsuits, protectobligations, and hold harmless the Landlord Parties from any and all lossesfines, damages, penalties, claims, costs, damagescharges, actions, causes of actions, proceedings, liens, fines, penalties, expenses and liabilities (including without limitation court costs and reasonable attorneys’ fees incurred in connection with the proceeding whether at trial or on appeal) (collectively, “Claims”) incurred in connection with or arising from any cause in, on or about the Premises, any violation of any of Lawsexpenses, including, without limitation, attorneys’ fees and disbursements, that may be imposed upon or asserted against, or reasonably incurred by, Landlord or any environmental Lawsagency or subdivision thereof or its respective agents, any actsemployees, officers, or officials (the “Tenant Indemnitees”) by reason of the acts or omissions or negligence of Tenant or its affiliates in the performance of each of their obligations under this Lease or by reason of the acts or omissions of Sublessees as defined in Section 2.2(d) above, except to the extent that such liability or other loss is caused proximately, in whole or in part, by the negligent or willful acts of Tenant Indemnitees. Tenant shall defend any and all legal proceedings commenced against any Tenant Indemnitee arising under Tenant’s obligations under this Article using legal counsel satisfactory to Landlord. Landlord shall use its best efforts to give Tenant reasonable notice of any person claiming by, through or under Tenant, or legal proceeding of the contractors, agents, servants, employees, invitees, guests or licensees which it has actual knowledge. Tenant shall deliver to Landlord copies of Tenant or any such person, in, on or about the Project or any breach of the terms of this Lease, either prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity shall not apply to the negligence or willful misconduct of one or more of the Landlord Parties. Should Landlord be named as a defendant documents served in any suit brought against Tenant legal proceeding arising in connection with or arising out the Parking Facility and, whenever requested by Landlord, shall advise Landlord as to the status of Tenant’s occupancy such legal proceeding; provided, however, that any such consultation shall not cause Tenant to waive any claim of the Premisesprivilege, Tenant shall pay to Landlord its costs and expenses incurred in such suitincluding, including without limitation, its actual professional fees attorney-client privilege. If Tenant fails to defend any such as appraisers’legal proceeding, accountants’ and attorneys’ fees. Further, Landlord shall have the right (but not the obligation) to defend the proceeding at Tenant’s agreement to indemnify Landlord pursuant to this Section 10.1.1 is not intended and expense. Tenant shall not relieve settle any insurance carrier such legal proceeding without Landlord’s prior written consent unless the effect of its obligations under policies required such settlement shall be to be carried by release all Tenant pursuant Indemnitees from all liability with respect to the provisions such legal proceeding (and all claims and liabilities asserted therein). For purposes of this Leasesection, to the extent such policies cover the matters subject to Tenant’s indemnification obligations, nor shall they supersede any inconsistent agreement of the parties set forth in any other provision of this Lease. The provisions of this Section 10.1.1 shall survive the expiration or sooner termination of this Lease“legal proceedings” includes legal actions and administrative proceedings.

Tenant Indemnity. Except as provided in Section 35.1 above, Tenant hereby assumes all risk of damage to property or and injury to persons in, upon on or about the Leased Premises from any cause whatsoever whatsoever, and agrees that that, to the extent not prohibited by applicable laws, Landlord, its property manager, managing agents, investors, officers, partners, partners and subpartners, members, managers, lenders (including, without limitation, any trustee, mortgagee or holder of any trust indenture, deed of trust or mortgage which now or hereafter encumbers the Building and/or Project), ground lessors and their respective officers, directors, shareholders, agents, servantsproperty managers, employees, employees and independent contractors (collectively, the “Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. To the extent permitted under applicable LawExcept as provided in Section 35.1 above, Tenant shall indemnify, defend, protect, protect and hold harmless the Landlord Parties from and against any and all lossesloss, costscost, damages, actionsexpense, causes of actionsclaims and liability, proceedings, liens, fines, penalties, expenses and liabilities (including without limitation court costs and reasonable reasonably attorneys’ fees incurred in connection with the proceeding whether at trial or on appeal) (collectively, “Claims”) incurred in connection with or arising from any cause in, on or about the Leased Premises, any violation of any of Laws, including, without limitation, any environmental Laws, and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests licensees or licensees invitees of Tenant or any such person, person in, on or about the Project Leased Premises or any caused by, arising out of, resulting from or related to Tenant’s breach of the terms of its obligations and duties expressly set forth in this Lease, either prior to, during, or after the expiration of the Lease Term, provided that the . The terms of the foregoing assumption of risk, release and indemnity shall not not, however apply to any Claims to the extent resulting from the negligence or willful misconduct of one Landlord or more of the Landlord Parties. Should Landlord be named as a defendant in any suit brought against Tenant in connection with or arising out of Tenant’s occupancy of the Premises, Tenant shall pay to Landlord its costs and expenses incurred in such suit, including without limitation, its actual professional fees such as appraisers’, accountants’ and attorneys’ fees. Further, Tenant’s agreement to indemnify Landlord pursuant to this Section 10.1.1 35 is not intended and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease, to the extent such policies cover the matters subject to Tenant’s indemnification obligations, nor shall they supersede any inconsistent agreement of the parties set forth in any other provision of this Lease. The provisions of this Section 10.1.1 35 shall survive the expiration or sooner termination of this LeaseLease with respect to any Claims occurring prior to such expiration or termination.

Tenant Indemnity. Tenant hereby assumes all risk Except to the extent caused by the negligence or willful misconduct of damage to property or injury to persons in, upon or about the Premises from any cause whatsoever and agrees that Landlord, its property manageragents, employees or contractors, (a) Tenant hereby indemnifies and agrees to defend and hold Landlord and its lenders, managing agentsagents and its and their respective members, investorspartners, affiliates, principals, shareholders, officers, partners, subpartnersdirectors, members, managerstrustees, lenders fiduciaries, servants, agents and employees free and harmless from and against all suits, causes, actions, damages, liabilities, penalties, costs, charges, fees and expenses (includingincluding without limitation, attorneys' fees and disbursements), including without limitation, any trusteeclaim relating to with loss of life, mortgagee or holder of any trust indenture, deed of trust or mortgage which now or hereafter encumbers the Building and/or Project), ground lessors and their respective officers, agents, servants, employees, and independent contractors (collectively, “Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person personal injury or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. To the extent permitted under applicable Law, Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all losses, costs, damages, actions, causes of actions, proceedings, liens, fines, penalties, expenses and liabilities (including without limitation court costs and reasonable attorneys’ fees incurred in connection with the proceeding whether at trial or on appeal) (collectively, “Claims”) incurred in connection with or arising from (i) a breach by Tenant under this Lease or (ii) any cause occurrence in, on upon, at or about from the PremisesDemised Premises or (iii) the occupancy or use by Tenant of the Demised Premises or (iv) subject, to Section 13.5(b) below, any act or omission by Tenant, its agents, contractors, employees, invitees, licensees or concessionaires, whether or not occurring or resulting in damage or injury within the Demised Premises or upon the Common Facilities and whether or not any such act or omission constitutes a violation of law or this Lease; (b) Tenant shall store its property in and shall occupy the Demised Premises and all other portions of the Industrial Center at its own risk; Landlord shall not be responsible or liable at any of Lawstime for any loss or damage to Tenant's merchandise, includingequipment, without limitation, any environmental Laws, any acts, omissions fixtures or negligence other personal property of Tenant or of any person to Tenant's business; (c) Landlord shall not be responsible or liable to Tenant, or to those claiming by, through or under Tenant, for any loss or damage to either the person or property of Tenant, or of those claiming by, through or under Tenant, that may be occasioned by or through the contractorsacts or omissions of persons occupying adjacent, agentsconnecting or adjoining premises; (d) Landlord shall not be responsible or liable for any defect, servantslatent or otherwise, employeesin any building in the Industrial Center or in any of the equipment, inviteesmachinery, guests utilities, appliances or licensees apparatus therein (provided that the foregoing shall not in any way reduce Landlord's repair, maintenance, replacement and restoration obligations set forth in this Lease); (e) Landlord shall not be responsible or liable for any injury, loss or damage to any person or to any property of Tenant or other person caused by or resulting from bursting, breakage or leakage, steam or snow or ice, running, backing up, seepage, or the overflow of water or sewage in any such person, in, on or about the Project or any breach part of the terms Industrial Center or for any injury or damage caused by or resulting from any defect or negligence in the occupancy, construction or use of this Lease, either prior to, duringany building in the Industrial Center, or after machinery, apparatus or equipment therein or thereon; or (f) by or from the expiration acts of negligence of any occupant of the Lease Term, provided that the terms Industrial Center building. Providing Tenant has knowledge of the foregoing indemnity shall not apply to the negligence or willful misconduct of one or more of the Landlord Parties. Should Landlord be named as a defendant in any suit brought against Tenant in connection with or arising out of Tenant’s occupancy of the Premisessame, Tenant shall pay give prompt notice to Landlord its costs in case of fire or accidents in the Demised Premises or in the building of which the Demised Premises are a part and expenses incurred of defects therein or in such suitany fixtures or equipment. Landlord shall in no event be liable for any damages arising from any act, including without limitationomission or negligence of any other tenant at the Industrial Center. In case Landlord shall be made a party to any litigation commenced by or against Tenant through no fault of Landlord, its actual professional agents, contractors or employees, Tenant shall protect and hold Landlord harmless and shall pay all reasonable costs, expenses and attorney's fees such as appraisers’, accountants’ and attorneys’ feesin connection therewith. Further, Tenant’s agreement to indemnify Landlord pursuant to The obligations of Tenant under this Section 10.1.1 is not intended and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease, to the extent such policies cover the matters subject to Tenant’s indemnification obligations, nor shall they supersede any inconsistent agreement of the parties set forth in any other provision of this Lease. The provisions of this Section 10.1.1 shall survive the expiration or sooner earlier termination of this Lease.

Tenant Indemnity. Tenant hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises from any cause whatsoever and agrees that Landlord, its property manager, managing agents, investors, officers, partners, subpartners, members, managers, lenders (including, without limitation, any trustee, mortgagee or holder of any trust indenture, deed of trust or mortgage which now or hereafter encumbers the Building and/or Project), ground lessors and their respective officers, agents, servants, employees, and independent contractors (collectively, “Landlord Parties”) shall not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. To the extent permitted under applicable Law, Tenant shall indemnify, protect and defend, protect, indemnify and hold Landlord harmless the Landlord Parties from and against any and all losses, costs, damages, actions, causes of actions, proceedings, liens, fines, penalties, expenses and liabilities losses (including without limitation court costs and reasonable attorneys’ fees incurred in connection with the proceeding whether at trial or on appeal) (collectively, “Claims”attorney’s fees) incurred in connection with or arising from any cause in, on or about Tenant’s occupancy of the Premises, any violation Leased Premises by reason of any of Laws, including, without limitation, any environmental Laws, any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in, on or about the Project or any breach of the terms of this Lease, either prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity shall not apply third party claims to the extent resulting from (a) any negligence or willful misconduct of one Tenant or more its agents during the Lease Term; (b) Tenant’s or any of Tenant’s agents’ failure to comply with any and all laws applicable to the condition or use of the Leased Premises or its occupancy (to the extent such compliance is required under this Lease); (c) Tenant’s work or business in or about the Leased Premises; or (d) any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to this Lease; except that, in each case, in no event shall Tenant indemnify Landlord Partiesor any of Landlord’s employees, agents, or contractors for their negligence or willful misconduct or violation of this Lease (collectively, “Tenant’s Indemnified Matters”). Should Landlord be named as a defendant in In the event that any suit third party action or proceeding is brought against Landlord or any person or party related to Landlord by reason of any of Tenant’s Indemnified Matters, Landlord shall provide Tenant prompt written notice of any such claim and shall reasonably cooperate with Tenant in connection with or arising out of Tenant’s occupancy the claim. Tenant shall have the right to assume exclusive control of the Premises, Tenant shall pay to Landlord its costs defense and expenses incurred in such suitdisposition, including without limitation, any settlement (at its actual professional fees own expense) of any such as appraisers’, accountants’ and attorneys’ fees. Further, Tenant’s agreement to indemnify Landlord pursuant to this Section 10.1.1 is not intended and shall not relieve any insurance carrier claim through counsel of its obligations own choosing. Landlord shall have the right to participate in the defense thereof and to employ counsel, at Landlord’s own expense, separate from the counsel employed by Tenant. In no event shall Landlord be liable for any consequential, indirect, special, incidental, punitive or exemplary damages arising from a claim brought by another party hereto occasioned by any failure to perform or the breach of any obligation under policies required to be carried by Tenant pursuant to the provisions of this Lease, to the extent such policies cover the matters subject to Tenant’s indemnification obligations, nor shall they supersede any inconsistent agreement of the parties set forth in any other provision of this Lease. The provisions of this Section 10.1.1 shall survive the expiration or sooner termination of this Lease.

Tenant Indemnity. Tenant hereby assumes all risk of damage Except to property or injury to persons in, upon or about the Premises from any cause whatsoever and agrees that extent Landlord, its property manageremployees, managing agents, investorscontractors, officersor subcontractors cause Environmental Conditions, partnersand except to the extent Landlord indemnifies Tenant pursuant to Section 7.3(b) hereof, subpartnersTenant shall defend, membershold harmless and indemnify Landlord and its beneficiaries, managers, lenders (including, without limitation, any trustee, mortgagee or holder of any trust indenture, deed of trust or mortgage which now or hereafter encumbers the Building and/or Project), ground lessors and their respective officers, agents, servants, employees, partners and independent contractors (collectively, “Landlord Parties”) shall not be liable for, affiliates from and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. To the extent permitted under applicable Law, Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from against any and all lossesclaims, liabilities, damages, costs, damages, actions, causes of actions, proceedings, liens, fines, penalties, forfeitures, losses or expenses and liabilities (including without limitation court costs and reasonable attorneys’ fees incurred attorneys fees) that such indemnified party or person may sustain, suffer, or incur arising out of Environmental Liabilities based on Environmental Laws in connection with existence as of the proceeding whether Commencement Date or enacted or adopted at trial any time thereafter, arising out of, or on appeal) (collectively, “Claims”) incurred in connection with as a direct result of the acts or arising from any cause in, on or about the Premises, any violation omissions of any of Laws, including, without limitation, any environmental Laws, any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the its employees, contractors, agents, servantssubtenants, assignees, or business invitees, or as a direct result of a spill, discharge or other release of Hazardous Substances onto the Demised Premises caused by the acts or omissions of Tenant, its employees, inviteescontractors, guests agents, subtenants, assignees or licensees business invitees during the Term. In the event the Environmental Condition which gives rise to an Environmental Liability for which a claim for indemnification is made by Landlord hereunder, is the migration onto or within the Demised Premises during the Term of Hazardous Substances from a source or sources other than the Demised Premises, then Tenant's obligations to indemnify Landlord hereunder shall only be effective if (i) Tenant or any has actual knowledge of such person, in, on or about the Project or any breach of the terms of this Lease, either prior to, duringEnvironmental Condition, or after in the expiration exercise of reasonable business practices should have known thereof, and (ii) Tenant failed to promptly take all reasonable steps necessary to abatx, xxtigate or otherwise prevent such migrating Hazardous Substances onto the Lease Term, provided that the terms Demised Premises. If Tenant becomes aware of the foregoing indemnity shall not apply an Environmental Condition which could give rise to the negligence or willful misconduct of one or more of the Landlord Parties. Should Landlord be named as a defendant in any suit brought against Tenant in connection with or arising out of Tenant’s occupancy of the PremisesEnvironmental Liability, Tenant shall pay to promptly notify Landlord its costs and expenses incurred in such suit, including without limitation, its actual professional fees such as appraisers’, accountants’ and attorneys’ fees. Further, Tenant’s agreement to indemnify Landlord pursuant to this Section 10.1.1 is not intended and shall not relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease, to the extent such policies cover the matters subject to Tenant’s indemnification obligations, nor shall they supersede any inconsistent agreement of the parties set forth in any other provision of this Lease. The provisions of this Section 10.1.1 shall survive the expiration or sooner termination of this Leasesame.