Laserfiche WebLink
at its option, terminate this Agreement immediately and require LICENSEE to immediately leave the Project. <br />Owner may deny LICENSEE access to the Area and/or the Project at any time. <br />7. LICENSEE shalt not place any signs upon the Area or the Project without first receiving the <br />Owner's prior written consent. During the Term, LICENSEE hereby covenants and agrees: (a) to comply with all <br />federal, state, and municipal laws, orders, rules and regulations; (b) to maintain insurance requested by the Owner, <br />naming both the Owner and its manager, Tiarna Real Estate Services, Inc., as additional insured. <br />8. In no event shall the Owner be liable to LICENSEE or any of LICENSEE'S employees and <br />agents for any actual, incidental, punitive, or consequential damages of any nature whatsoever, regardless of the <br />foreseeability thereof and whether LICENSEE notifies OWNER of the possibility thereof. LICENSEE hereby <br />assume all risk of damage to property and injury to persons in, on or about the Project in any way related to or <br />arising out of or related to LICENSEE's use of the Area and/or access to the Project, including, but not limited to <br />anything related to: (a) the negligent or willful act or omission of LICENSEE or their agents, servants, employees, <br />invitees contractors or, representatives, (b) LICENSEE's failure to comply with any laws, rules or regulations, or <br />(c) from any cause, other than the direct active gross negligence or intentional misconduct of Owner and its <br />managers and agents. Without limiting the generality of the foregoing, the Owner shall not be liable for injury or <br />damage which may be sustained by persons, goods, wares, merchandise or property of LICENSEE or their <br />employees, invitees or any other person in or about the Project caused by or resulting from theft, criminal <br />conduct, from tire, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the Area <br />or Project, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers; wires, appliances, <br />plumbing, heating, air conditioning or lighting fixtures of the same, whether the damage or injury results from <br />conditions arising upon the Project, or from other sources, or from the negligent or willful misconduct of any <br />person or party, except that the foregoing waiver and release of Owner shall not apply to any claim arising from <br />the direct active gross negligence or intentional misconduct of Owner. Furthermore, the Owner shall not be liable <br />for any damages arising from any act or omission of any trespasser or other person that enters the Project. <br />LICENSEE and their successors and assigns shall indemnify, defend (with counsel reasonably satisfactory to <br />Owner) and hold Owner and Tiarna Real Estate Services, Inc. and their owners, officers, partners, agents, <br />managers, vendors and employees of any of them and anyone else acting for or on Owner's behalf ("Owner's <br />Related Parties") harnnless from and against any and all toss, costs; debts, obligations, lawsuits; causes of action, <br />damage, attorneys' fees and expense or other liabilities arising after execution of this Agreement, based on or in <br />any way related to or arising out of (a) the negligent or willful act or omission of LICENSEE or their agents, <br />servants, employees, contractors, invitees, or representatives, (b) any access to the Project and/or related to the <br />Approved Use, (c) LICENSEE's failure to comply with any laws, rules or regulations, or (d) anything occurring <br />while LICENSEE is at the Project, but excluding claims based on the Owner's direct active grossly negligent acts <br />or omissions or willful misconduct. The foregoing indemnity will survive the termination, cancellation or <br />expiration of this Agreement, To the fullest extent permitted by law, LICENSEE 'further agrees to indemnify and <br />defend Owner and Tiarna Real Estate Services, Inc. and their Owner's Related Parties in any actions brought <br />against Owner, Tiarna Real Estate Services, Inc. and/or any of the Owner's Related Parties by LICENSEE's <br />employees or agents seeking compensation of injuries while on the job or while accessing the Project, including <br />all actions seeking compensation for injuries beyond the payments due from workers' compensation insurance. In <br />claims, against any person or entity indemnified under this paragraph, by an employee of the LICENSEE or <br />anyone directly or indirectly employed by them or anyone whose acts they may be liable, the indemnification <br />obligations under this paragraph shall not be limited by a limitation on account or type of damages, compensation <br />or benefits payable by or for under worker's or workmen's compensation acts, disability benefits acts or other <br />employee benefit acts. <br />9. LICENSEE shall maintain commercial general liability insurance and property damage insurance <br />with a minimum limit of TEN MILLION DOLLARS ($10,000,000) combined single limits, pertaining to and <br />protecting against liability arising from the activities conducted at the Project by LICENSEE, LICENSEE shall <br />also provide and maintain in force all workers' compensation and other fonns of insurance that may be required <br />by law. LICENSEE shall cause Owner and Tiama Real Estate Services, Inc., its management company, to be <br />2 <br />