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9. INDEMNIFICATIOiV. <br />a. LESSEE's Indemnity. LESSEE shall indemnify, defend and hold <br />LESSOR, its officers, employees, successors and assigns harmless from and against any and all <br />loss, cost, claim, liability ("Claims") occurring ou the Property and arising out of or connected <br />with the negligence or willful misconduct of LESSEE, its officers, agents, employees, or <br />contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSOR, <br />its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law by <br />LESSOR, its officers, agents, employees, or contractors; (iii) the breach or any dirty or obligation <br />by LESSOR under this Agreement; or (iv) any condition relating to the Premises which LESSEE <br />has no obligation to repair or maintain. <br />b. LESSOR's hrderunity. LESSOR shall indemnify, defend and hold <br />LESSEE, its officers, employees, successors and assigns harmless from and against any and aJl <br />Claims occurring on the Property and arising out of or connected with the negligence or willful <br />misconduct of LESSOR, its officers, agents, employees, or contractors, including, but not limited <br />to City Business as defined in Section 15 below, except for Claims arising out of (i) the <br />negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors; (ii) <br />violation of law by LESSEE, its officers, agents, employees, or contractors; (iii) the breach of <br />any duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the <br />Premises which LESSOR has no obligation repair or maintain. <br />C. Neither Party shall be liable to the other, or any of their respective agents, <br />representatives or employees for any lost revenue, lost profits, loss of technology, rights or <br />services, incidental, punitive, indirect, special or consequential damages, loss of data or <br />interruption or loss of use of service, even it advised of the possibility of such damages, whether <br />under theory of contract, tort (including negligence), strict liability or otherwise. <br />10. INSURANCE. <br />a. The Parties hereby waive and release any and all rights of action for <br />negligence against the other which may hereafter arise on account of damage to the Premises or <br />to the Property, resulting from any fire, or other casualty of the kind covered by standard fire <br />insurance policies with extended coverage, regardless of whether or not, or in what amounts, <br />such insurance is now or hereafter carried by the Parties, or either of them. These waivers and <br />releases shall apply between the Parties and they shall also apply to any claims under or through <br />either Party as a result of any asserted right of subrogation. All such policies of insurance <br />obtained by either Party concerning the Premises or the Property shall waive the insurer's right <br />of subrogation against the other Party. <br />b. Lessee shall maintain Commercial General Liability Insurance which <br />affords coverage at least as broad as Insurance Services Office "occurrence" form or its <br />substantial equivalent including products/completed operations and contractual liability, with <br />limits of liability of $1,000,000 per occurrence and $2,000,000 general aggregate for covered <br />claims arising out of this Agreement. If written with an aggregate, the aggregate shall be double <br />the each occurrence limit. Such insurance shall provide or be endorsed to the effect it will: <br />422948v2 <br />