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named as additional insureds on such insurance. Certificates of insurance shall be provided to Owner prior to the
<br />commencement of the Term. LICENSEE will not be allowed access to the Project until a proper certificate of
<br />insurance has been provided to Owner. LICENSEE hereby waives any and all rights to recover against the Owner,
<br />Tiarna Real Estate Services and/or against the Owner Related Parties for damage sustained by LICENSEE or loss
<br />of LICENSEE's property or the property of others under its control arising from any cause insured or required to
<br />be insured under this Agreement. LICENSEE agrees to have its insurance policies required tinder this Lease to
<br />have an endorsement with a clause providing that Owner, Tiarna Real Estate Services, Inc., and the Owner
<br />Related Parties are released from liability and LICENSEE, and LICENSEE on behalf of its insurance carriers
<br />waive all claims for recovery from any cause insured or required to be insured under the Agreement, including a
<br />waiver of subrogation on liability and worker's compensation claims. Notwithstanding the foregoing or anything
<br />contained in this Agreement to the contrary, any release or any waiver of claims shall not be operative, and the
<br />foregoing endorsements shall not be required, in any case where the effect of such release or waiver is to
<br />invalidate insurance coverage or invalidate the right of the insured to recover thereunder or increase the cost.
<br />10. The obligations of Owner under this Agreement do not constitute a personal obligation of the
<br />individual partners, trustees; directors, officers or shareholders of Owner, and LICENSEE shall not seek recourse
<br />against the individual partners, trustees, directors, officers or shareholders of Owner or any of their personal assets
<br />for satisfaction of any liability in respect to this Agreement.
<br />11. LICENSEE shall not use, test or ignite any firearms or other explosive devices on the Project. All
<br />flammable products must be stored and maintained in compliance with all laws. No smoking shall be allowed by
<br />any employees, agents, volunteers, invitees or agents of LICENSEE in any part of the Project. LICENSEE shall
<br />not leave or dispose of, on or about the Project, any flammable explosives, radioactive materials, hazardous
<br />wastes, toxic substances, or any related materials or substances, including, without Limitation, any substance
<br />defined as or included in the definition of "hazardous substances" under any applicable federal, state or local law,
<br />regulation or ordinance (collectively, "Hazardous Materials"). LICENSEE and their successor and assigns shall
<br />indemnify, defend (with counsel reasonably satisfactory to Owner) and hold Owner, Tiarna Real 'Estate Services,
<br />Inc. and the Owner's Related Parties harmless from and against any and all loss, costs, debts, obligations,
<br />lawsuits, causes of action, damage, attorneys' fees and expense or other liabilities based on or in any way related
<br />to or arising out any Hazardous Material brought to, used or disposed of at the Project by LICENSEE or their
<br />agents, servants, employees, volunteers, invitees; contractors or, representatives. All indemnity provisions will
<br />survive the termination, cancellation or expiration of this Agreement.
<br />12. If any action is instituted by either party hereto for the enforcement or interpretation of any of its
<br />rights or remedies under this Agreement, the prevailing party shall be entitled to recover from the losing party all
<br />costs incurred by the prevailing party !it said action and any appeal therefrom including reasonable attorneys' fees
<br />to be fixed by the court therein. Said costs and attorneys' fees shall be included as part of the judgment in any
<br />such action. Further, should Owner be made a party to any litigation between LICENSEE and any third party for
<br />which LICENSEE is responsible for holding Owner harmless pursuant to thus Agreement or related to any dispute -
<br />between LICENSEE, then LICENSEE shall pay all costs and attorneys' fees incurred by or imposed upon Owner
<br />in connection with such litigation.
<br />B. This Agreement shall be construed and enforced in accordance with, and the validity and
<br />performance hereof shall be governed by, the laws of the state in which the Project is located. In the event that
<br />one or more of the provisions of this Agreement shall for any reason be held to be invalid or unenforceable, the
<br />remaining provisions of thus Agreement shall be unimpaired, and shall remain in effect and be binding upon the
<br />parties. No subsequent agreement between LICENSEE and Owner shall be effective or binding unless it is made
<br />in writing and signed by both of the parties hereto. Submission of this instrument for examination or signature by
<br />LICENSEE does not constitute a reservation of or option for Agreement, and it is not effective as an agreement or
<br />otherwise until execution by and delivery by both Owner and Licensee. Any provision of this Agreement which
<br />shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provision hereof, and
<br />such other provisions shall remain in full force and effect. The benefits and obligations of this Agreement shall
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