Common use of Waiver of Claims; Indemnification Clause in Contracts

Waiver of Claims; Indemnification. To the extent not prohibited by law, and excluding the negligence of Landlord, its employees, agents, servants, contractors, or invitees, Landlord and its officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in or about the Building, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of the acts of Tenant and its servants, agents, employees, contractors, suppliers, workmen and invitees. This Section shall be reciprocal in effect between Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out of the acts of Landlord and its servants, agents, employees, contractors, suppliers, workmen and invitees. 14.

Waiver of Claims; Indemnification. To the extent not prohibited by law, law and excluding except to the extent caused by the negligence or willful misconduct of Landlord, Landlord or arising directly from a default of Landlord of its employees, agents, servants, contractors, or inviteesperformance of its obligations hereunder, Landlord and its Landlord’s partners, and their respective officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due of to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in or about the Building, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of Tenant’s use and occupancy of the Premises or any common area pursuant to Section 4 hereof, or acts of Tenant and its servants, agents, employees, contractors, suppliers, workmen workers and invitees. This Section Landlord shall be reciprocal in effect between Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless defend Tenant from and against any and all liability to third parties damages, costs or liabilities arising out of any default by Landlord of its performance of its obligations hereunder, except to the acts extent caused by the negligence or willful misconduct of Landlord and Tenant or if at the time Tenant does not satisfy the ownership requirements described in Section 1(b) above, arising from a default of Tenant of either its servants, agents, employees, contractors, suppliers, workmen and inviteesmonetary or non-monetary obligations or performance hereunder. 14The provisions of this paragraph shall survive the expiration or termination of the Lease.

Waiver of Claims; Indemnification. To the extent not prohibited by law, law and excluding except to the extent caused by the negligence or willful misconduct of Landlord, Landlord or arising directly from a default of Landlord of its employees, agents, servants, contractors, or inviteesperformance of its obligations hereunder, Landlord and its Landlord’s partners and their respective officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due of to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in or about the Building, including the Premises, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of Tenant’s use and occupancy of the Premises or any common area pursuant to Section 4 hereof, or acts of Tenant and its servants, agents, employees, contractors, suppliers, workmen workers and invitees. This Section Landlord shall be reciprocal in effect between Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless defend Tenant from and against any and all liability to third parties damages, costs or liabilities arising out of any default by Landlord of its performance of its obligations hereunder, except to the acts extent caused by the negligence or willful misconduct of Landlord and Tenant or if at the time Tenant does not satisfy the ownership requirements described in Section 1(b) above, arising from a default of Tenant of either its servants, agents, employees, contractors, suppliers, workmen and inviteesmonetary or non-monetary obligations or performance hereunder. 14The provisions of this paragraph shall survive the expiration or termination of the Lease.

Waiver of Claims; Indemnification. (a) To the extent not prohibited by law, and excluding the negligence of Landlord, its employees, agents, servants, contractors, or invitees, Landlord and its officers, agents, servants and employees shall not be liable for for, and Landlord is hereby released by Tenant from all liability for, any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons claiming through Tenant due to the Building Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in in, on or about the BuildingProperty, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly (particularly, but not exclusively) , to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon-loading docks, upon receiving and holding areas, or freight elevators of elsewhere in, on or about the BuildingProperty, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation Tenant acknowledges and agrees that the parties have carefully analyzed all risks to persons and property associated with this Lease and Tenant's occupation of any other provisions thereofthe Premises and that the parties have sought to have all such risks protected by adequate insurance. Accordingly, Tenant agrees each party has the burden to defendmaintain specific types of insurance as provided in Paragraph 10 above and the parties have allocated the risks among such insurance policies as provided by the mutual waiver in Paragraph 10(d) above. Thus, protectto the extent permitted by law, indemnify and save harmless Landlord from and against all liability to third parties the extent covered by insurance (or required pursuant to this lease to be covered by insurance), the foregoing waivers in this Paragraph 12 (a) shall apply to liability, damage, loss or claims arising out of or in connection with the acts negligence or wilful misconduct of Tenant and Landlord, its servants, agents, employees, contractors, suppliers, workmen contractors and invitees. This Section shall be reciprocal in effect between Landlord and Tenant, and Landlord except invitees (without limitation to the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out application of the acts foregoing waivers to all other circumstances not involving the negligence or wilful misconduct of Landlord and Landlord, its servants, agents, employees, contractors, suppliers, workmen contractors and invitees. 14).

Waiver of Claims; Indemnification. To Subject to the extent terms and Provisions of Paragraph 8 hereof requiring Landlord to make certain repairs and/or replacements, Landlord shall not prohibited by law, and excluding the negligence of Landlord, be liable to Tenant or its employees, agents, servants, contractors, servants or invitees, Landlord and its officers, agents, servants and employees shall not be liable other invitees or guests or to any third party for any damage either to person or property or property, whether resulting from the loss of use thereof or otherwise, sustained by Tenant or by other persons due in whole or in part to the Building Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or occurrence of any act, neglect, accident or event in on the Property or about any part thereof, including, without limitation, the BuildingLeased Premises, or due to any act or neglect of any tenant or occupant of the Building Property or of any other person. This provision shall apply particularly (particularly, but not exclusively) , to damage caused by or from gas, electricity, snow, frost, ice, rain, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property stored or placed upon the Leased Premises, or upon-being delivered to or from the Leased Premises, and upon loading docks, receiving and holding areas, freight elevators, or freight elevators other areas of the BuildingProperty, shall be at the risk of Tenant only, and that the Landlord shall not be liable for any loss or damage thereto or theft thereofthereto. Without limitation of any other provisions thereofhereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord Landlord,, and its Affiliates, partners, and partners of such partners, officers and directors, agents and employees from and against all loss, damage or liability to third parties arising out incurred by Tenant, or any of the acts of Tenant and its servantsAffiliates, agents, employees, contractors, subcontractors, suppliers, workmen invitees or guests, or by any other persons or entities, in connection with the Leased Premises and, to the extent, and invitees. This Section shall be reciprocal in effect between Landlord and only the extent, such loss, damage or liability is caused by the negligence or wilful misconduct of Tenant, and Landlord or any of its Affiliates, agents, employees, contractors, subcontractors, suppliers, invitees or guests, in any way related to the Property. Tenant also recognizes it will not be entitled to any abatement or diminution of any Rent as a result of any of the foregoing occurrences, except as otherwise expressly provided herein to the trustee contrary, nor shall the same release Tenant from its obligations hereunder or constitute an eviction. Notwithstanding the foregoing in this Xxxxxxxxx 00, Xxxxxxxx agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out of the acts of Landlord incurred by Tenant and its servantsofficers, directors, Affiliates, agents and employees of Tenant) to the extent, and only the extent, the damage to person or property described in the first sentence of this Paragraph 13, or any loss, damage or theft described in the third sentence of this Paragraph 13, is caused by the negligence or wilful misconduct of Landlord, or any of its Affiliates, agents, employees, contractors, subcontractors, suppliers, workmen and invitees. 14invitees or guests.

Waiver of Claims; Indemnification. To The undersigned understands and acknowledges that an exemption from the registration requirements of the Securities Act requires that there be no general solicitation of purchasers of the Warrants. In this regard, if the offering of the units in the Company’s IPO were deemed to be a general solicitation with respect to the Warrants, the offer and sale of such Warrants may not be exempt from registration and, if not, the undersigned may have a right to rescind its purchase of the Warrants. In order to facilitate the completion of the Offering and in order to protect the Company, its stockholders, and the trust account from claims that may adversely affect the Company or the interests of its stockholders, the undersigned hereby agrees to waive, to the maximum extent not prohibited permitted by applicable law, and excluding the negligence of Landlordany claims, its employees, agents, servants, contractorsright to xxx, or inviteesrights in law or arbitration, Landlord as the case may be, to seek rescission of its purchase of the Warrants. The undersigned acknowledges and its officers, agents, servants and employees shall not be liable for any damage either agrees that this waiver is being made in order to person or property or resulting from induce the loss of use thereof sustained by Tenant or by other persons due Company to sell the Warrants to the Building undersigned. The undersigned agrees that the foregoing waiver of rescission rights shall apply to any and all known or any part thereof or any appurtenances thereof becoming out unknown actions, causes of repairaction, suits, claims, or due proceedings (collectively, “Claims”) and related losses, costs, penalties, fees, liabilities, and damages, whether compensatory, consequential, or exemplary, and expenses in connection therewith, including reasonable attorneys’ and expert witness fees and disbursements and all other expenses reasonably incurred in investigating, preparing, or defending against any Claims, whether pending or threatened, in connection with any present or future actual or asserted right to rescind the purchase of the Warrants hereunder or relating to the happening or any accident or event in or about the Building, or due to any act or neglect of any tenant or occupant purchase of the Building or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by Warrants and the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of the acts of Tenant and its servants, agents, employees, contractors, suppliers, workmen and invitees. This Section shall be reciprocal in effect between Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out of the acts of Landlord and its servants, agents, employees, contractors, suppliers, workmen and invitees. 14transactions contemplated hereby.

Waiver of Claims; Indemnification. To Tenant agrees that, to the extent not prohibited by law, and excluding the negligence of Landlord, its employees, agents, servants, contractors, or invitees, Landlord and its beneficiaries, officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening of appurtenances thereof becoming out of repair, or due to the happening of any accident or event in or about the Building, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, sprinklers and plumbing fixtures, and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, Demised Premises or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereofhereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord Landlord, its beneficiaries, officers, agents, servants and employees of and from and against all liability to third parties arising out of the acts of Tenant and its servants, agents, employees, contractors, suppliers, workmen and or invitees. This Section shall be reciprocal in effect between Landlord and Tenant, and Landlord except the trustee Tenant agrees to defend, protect, indemnify and save the Landlord, its beneficiaries and their respective agents and employees harmless Tenant against any and all claims, demands, costs and expenses, including reasonable attorneys' fees for the defense thereof arising from and against all liability to third parties arising out Tenant's occupancy of the acts Demised Premises or from any breach or default on the part of Landlord and the Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to the terms of this Lease, or from any act or negligence of Tenant, its agents, servants, agentsemployees or invitees, employeesin or about the Demised Premises. In case of any action or proceedings brought against the Landlord, contractorsits beneficiaries or their respective agents or employees by reason of any such claim, suppliersupon notice from Landlord, workmen and invitees. 14Tenant covenants to defend such action of proceeding by counsel reasonably satisfactory to Landlord.

Waiver of Claims; Indemnification. To the extent not prohibited by law, and excluding the negligence of Landlord, its employees, agents, servants, contractors, or invitees, Tenant waives all claims against Landlord and its officers, agents, servants and employees shall not be liable the Landlord Related Parties for any damage either to person or any property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in or about the BuildingProperty, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss of business or damage thereto income, and for injury to or theft thereof. Without limitation death of any other provisions thereofpersons, regardless of the cause of any such loss or event (including negligence) or time of occurrence. Tenant agrees to defendwill indemnify, protect, indemnify defend and save hold harmless Landlord and the Landlord Related Parties from and against all liability to third parties claims, losses, damages, causes of action, costs, expenses and liabilities, including reasonable legal fees, arising out of Tenant’s occupancy of the acts Premises or presence on the Property, the conduct of Tenant’s business, any default by Tenant, and/or any act, omission or neglect (including violations of Law) of Tenant and or its servantsagents, agentscontractors, employees, contractors, suppliers, workmen licensees or invitees, successors or assigns (each a “Tenant Entity” and inviteescollectively, the “Tenant Entities”). This Section Landlord shall be reciprocal in effect between Landlord and Tenant, and Landlord except the trustee agrees to defendindemnify, protect, indemnify defend and save hold Tenant harmless Tenant from and against any and all liability claims, liabilities, losses, costs, damages, injuries or expenses, including reasonable attorneys’ and consultants’ fees and court costs, demands, causes of action, or judgments, to third parties the extent arising out of or relating to the acts gross negligence or willful misconduct of Landlord and its servantsor the Landlord Related Parties (subject to the provisions of Section 11.09). However, agentsnotwithstanding anything to the contrary contained herein, employeesLandlord shall in no event be liable for (i) injury to Tenant’s business or any loss of income or profit therefrom or for consequential damages or events of Force Majeure (as defined in Article 26), contractors, suppliers, workmen and inviteesor (ii) sums up to the amount of insurance proceeds received by Tenant (or which would have been received by Tenant under any insurance coverage required to be maintained by Tenant hereunder) for any loss. 14The foregoing indemnity by Landlord shall also not be applicable to claims to the extent arising from the negligence or willful misconduct of Tenant or any Tenant Entity. The provisions of this Article 12 shall survive the expiration or earlier termination of this Lease.

Waiver of Claims; Indemnification. To the extent not prohibited by law, and excluding Except for the negligence or willful misconduct of Landlord, its employees, agents, servants, contractors, or invitees, Landlord and its officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in or about the Building, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, fire water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties arising out of the negligent acts of Tenant and its servants, agents, employees, contractors, suppliers, workmen and invitees. This Section shall be reciprocal in effect between Without limitation of any provisions thereof, Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out of the negligent acts of the Landlord and its servants, agents, employees, contractors, suppliers, workmen and invitees. 14.

Waiver of Claims; Indemnification. To the extent not prohibited by law, and excluding the negligence of except for claims arising from Landlord's intentional or grossly negligent acts that are not covered by insurance, Landlord, its employeesbeneficiary, agents, servants, contractors, or invitees, Landlord the partners of its beneficiary and its their respective officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or any accident or event in or about the Building, or due to any act or neglect of any tenant or occupant of the Building Building, including the Premises, or of any other person. This provision shall apply particularly (particularly, but not exclusively) , to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereof, and except to the extent arising from the intentional or grossly negligent acts of Landlord that are not covered by insurance, Tenant agrees to defend, protect, indemnify and save harmless Landlord Landlord, its beneficiary, the partners of its beneficiary and their respective officers, agents, servants and employees from and against all liability to third parties (including but not limited to the officers, agents, contractors and business associates of Tenant) arising out of Tenant's use and occupancy of the Premises or the acts or omissions of Tenant (whether or not such acts or omissions constitute a violation of applicable law or of this Lease) and its servants, agents, employees, contractors, suppliers, workmen workers and invitees. This Section shall be reciprocal in effect between Except to the extent arising from the intentional or grossly negligent acts of Tenant that are not covered by insurance, Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out of Landlord's use and occupancy of the acts common areas (exclusive of Landlord and its servants, agents, employees, contractors, suppliers, workmen and invitees. 14the parking areas) in the Building.

Waiver of Claims; Indemnification. To the extent not prohibited by law, and excluding the negligence of Landlord, its employeesAgent and their respective officers, agentsdirectors, servants, contractors, or invitees, Landlord and its officerspartners, agents, servants and employees shall not be liable for for, and it and they are hereby released by Tenant from all liability for, any damage either to person or property or resulting from the loss of use thereof or any other loss, or any death, sustained by Tenant or by other persons claiming through Tenant due to the Building Property or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in in, on or about the BuildingProperty, or due to any act or neglect of any tenant or occupant of the Building or of any other person. This provision shall apply particularly (particularly, but not exclusively) , to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, fixtures and windows, and shall apply without distinction as to the person (whether Landlord, Agent or other) whose act or neglect was responsible for the damage and whether or not such act or neglect occurred before, at or after the execution of this Lease, and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property of Tenant upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of elsewhere in, on or about the BuildingProperty, shall be at the risk of Tenant only, and that neither Landlord nor Agent, nor their partners, directors or officers, shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereofhereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord and Agent, and their respective partners, officers, directors and employees, from and against all liability to third parties arising out of the acts or omissions of Tenant and its or any subtenant or the servants, agents, employees, contractors, suppliers, workmen and inviteesinvitees of Tenant or any subtenant. This Section shall be reciprocal in effect between Landlord and Tenant, and Landlord except the trustee Tenant agrees to defend, protect, indemnify and save harmless Tenant harmless, and upon request, defend, Landlord, Agent, and their respective partners, directors, officers and employees (herein called "indemnitees") against and from any and against all liability to third parties claims by or on behalf of any person, arising out of the acts of Landlord and its servants, agents, employees, contractors, suppliers, workmen and invitees. 14.or related to:

Waiver of Claims; Indemnification. To the extent not prohibited by law, and excluding the negligence of Landlord, its employeespartners, agentsits managing agent, servantsLandlord’s lessor, contractorsany mortgagee, or invitees, Landlord the MTA and its their respective officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other personperson or entity. This provision shall apply particularly (particularly, but not exclusively) , to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereofhereof, Tenant agrees to defenddefined, protect, indemnify and save harmless Landlord Landlord, Landlord’s lessor, any mortgagee and the MTA from and against all liability to third parties arising out which arose (or which were claimed to have arisen) within the Premises. Nothing contained herein shall, however, excuse landlord from its obligations regarding maintenance of the acts Building, as contrasted with Landlord being released from liability for personal or property damage arising from Landlord’s failure to maintain; nor shall this Paragraph relieve Landlord from liability for its negligence except as provided in Paragraph 12A or, but only to the extent liability therefor cannot be released as a matter of Tenant and law, the negligence of its servants, agents, employees, employees and contractors, suppliers, workmen and invitees; nor shall this Paragraph modify Landlord’s obligations with respect to failure of services pursuant to Xxxxxxxxx 0X of this Lease. This Section shall be reciprocal in effect between Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out which arose (or which is claimed to have arisen) outside of the acts of Landlord and its servants, agents, employees, contractors, suppliers, workmen and invitees. 14Premises.

Waiver of Claims; Indemnification. To the extent not prohibited by law, Landlord and excluding the negligence of Landlordits partners, and its employeesand their partners, venturers, managers, officers, agents, servants, contractorsemployees, or inviteesaffiliated limited liability companies, Landlord and its officers, agents, servants and employees other affiliated entities shall not be liable for for, and Tenant waives all claims for, any damage either damages to person or property property, or resulting from the loss of use thereof thereof, or any loss of profits or damages from business interruption, sustained by Tenant or by other persons Tenant's partners, officers, agents, servants or employees due to the Building or the Complex or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in or about the BuildingBuilding or Complex, or due to any act or neglect of any tenant or occupant of the Building or Complex or of any other person; provided, however, that such waiver shall not apply to claims or damages arising from or related to the gross negligence or willful misconduct of Landlord. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kindkind (other than the gross negligence or willful misconduct of Landlord). Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas or parking areas, or freight elevators of the BuildingBuilding or the Complex, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof, unless caused by the gross negligence or willful misconduct of Landlord. Without limitation of any other provisions thereofhereof and to the extent not prohibited by law, Tenant agrees to defend, protect, indemnify and save harmless Landlord and its partners, and its and their partners, venturers, managers, officers, agents, servants and employees, affiliated limited liability companies, and other affiliated entities from and against all liability claims, liabilities, losses, damages or expenses made against or incurred by Landlord attributable to third parties arising out the negligence, willful misconduct or breach of the acts of this Lease by Tenant and or its partners, officers, servants, agents, employees, contractors, suppliers, workmen and invitees. This Section shall be reciprocal in effect between Landlord and Tenantlicensees, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out of the acts of Landlord and its servants, agents, employees, contractors, suppliersvisitors, workmen and or invitees. 14.

Waiver of Claims; Indemnification. To Landlord and the extent not prohibited by lawpartners in Landlord, and excluding the negligence of Landlord, its employees, agents, servants, contractors, or invitees, Landlord and its their respective officers, agents, servants and employees shall not be liable for any damage either to person or property or for damage resulting from the loss of use thereof of property sustained by Tenant or by other persons due to the Land or the Building or any part thereof or any appurtenances thereof thereto becoming out of repair, or due to the happening or of any accident or event in or about the Land or the Building, including the Leased Premises, or due to any act or neglect of any tenant or occupant of the Land or the Building or of any other person. This provision shall apply particularly (particularly, but not exclusively) , to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, fixtures and windows, or by noise, smoke or odors, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-loading docks, receiving and holding areas, or freight elevators of the Building, Property shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties (including but not limited to the officers, agents, contractors, and business associates of Tenant) arising out of Tenant's use and occupancy of the Leased Premises or acts or omissions of Tenant (whether or not such acts or omissions constitute a violation of applicable law or of this Lease) and its servants, agents, employees, contractors, suppliers, workmen suppliers workers and invitees. This Section shall be reciprocal in effect between Notwithstanding anything herein to the contrary, Landlord agrees to hold harmless and indemnify Tenant, its employees, agents and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant invitees from and against all liability for injuries to third parties persons or damage to property arising out from occurrences in or about the premises or building caused in whole or in part by the act, omission, or negligence of the acts of Landlord and Landlord, its servants, agents, employees, contractors, suppliers, workmen and employees or invitees. 14.

Waiver of Claims; Indemnification. To the extent not prohibited by law, and excluding the negligence of Landlord, its employees, agents, servants, contractors, or invitees, Landlord and its officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building or any part thereof (including, without limitation, the Common Areas) or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in or about the BuildingBuilding (including, without limitation, the Common Areas), or due to any act or any neglect of any tenant or occupant of the Building (including, without limitation, the Common Areas) or of any other personperson except due to the gross negligence or willful acts of Landlord, its employees or contractors. This provision shall apply particularly (but not exclusively) to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereofthereof except due to the gross negligence or willful acts of Landlord, its employees or contractors. Without limitation of any other provisions thereofof this Lease, Tenant agrees to defend, protect, indemnify and save harmless Landlord from and against all liability to third parties liability, claims, penalties, fines, judgments, loss, damage, cost or expense arising out of the gross negligence or willful acts of Tenant and Tenant, its servants, authorized agents, employees, employees and contractors, suppliers, workmen and invitees. This Section The terms of this paragraph shall be reciprocal in effect between Landlord and Tenant, and Landlord except survive the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising out termination or expiration of the acts of Landlord and its servants, agents, employees, contractors, suppliers, workmen and invitees. 14this Lease.

Waiver of Claims; Indemnification. To the extent not prohibited by law, and excluding the negligence of Landlord, its employeespartners, agentsits managing agent, servantsLandlord's lessor, contractorsany mortgagee, or invitees, Landlord the MTA and its their respective officers, agents, servants and employees shall not be liable for any damage either to person or property or resulting from the loss of use thereof sustained by Tenant or by other persons due to the Building Building, or any part thereof or any appurtenances thereof becoming out of repair, or due to the happening or of any accident or event in or about the Office Section, the Premises or the Building, or due to any act or neglect of any tenant or occupant of the Office Section, the Building or of any other personperson or entity. This provision shall apply particularly (particularly, but not exclusively) , to damage caused by gas, electricity, snow, frost, steam, sewage, sewer gas or odors, fire, water water, noise, vibration, fumes or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures, fixtures and windows, and shall apply without distinction as to the person whose act or neglect was responsible for the damage and whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Tenant further agrees that all personal property upon the Premises, or upon-upon loading docks, receiving and holding areas, or freight elevators of the Building, Building shall be at the risk of Tenant only, and that Landlord shall not be liable for any loss or damage thereto or theft thereof. Without limitation of any other provisions thereofhereof, Tenant agrees to defend, protect, indemnify and save harmless Landlord Landlord, Landlord's lessor, any mortgagee and the MTA from and against all liability to third parties arising which arose (or which were claimed to have arisen) within or without the Premises or out of the acts or omissions of Tenant and its servants, agents, employees, contractors, suppliers, workmen workers and invitees. This Section shall be reciprocal in effect between Without limitation of any other provisions hereof, Landlord and Tenant, and Landlord except the trustee agrees to defend, protect, indemnify and save harmless Tenant from and against all liability to third parties arising which arose (or which were claimed to have arisen) within or without the Premises or out of the acts or omissions of Landlord and its servants, agents, employees, contractors, suppliers, workmen suppliers and invitees. 14workers.