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8. Indemnification. <br />8.1 Obligations. Seller shall Indenufy Buyer and Buyer shall Indemnify Seller against <br />any wrongful intentional act or negligence of the Indemnitor. Buyer shall also Indemnify Seller against <br />any and all of the following: (a) any damage to the Property caused by the Investigations of the Property <br />by Buyer; and (b) any accident, injury or damage whatsoever caused to any person in or on the Property <br />by Buyer prior to the Closing. Notwithstanding anything to the contrary in this Agreement, no Indemnitor <br />shall be required to Indemnify any Indemnitee to the extent of the Indemnitee's wrongful intentional acts <br />or negligence. <br />8.2 Limitation on Liability of the Seller. Following the Close of Escrow, the Buyer is <br />and shall be responsible for operation of the Property and the Project, and the Seller shall not be liable for <br />any injury or damage to any property (of the Buyer or any other person) or to any person occurring on or <br />about the Property or the Project, except to the extent caused by the Seller's wrongful intentional act or <br />negligence. <br />8.3 Strict Liability. The indemnification obligations of an Indemnitor shall apply <br />regardless of whether liability without fault or strict liability is imposed or sought to be imposed on one or <br />more Indemnitees. <br />8.4 Independent of Insurance Obligations. Buyer's indemnification obligations under <br />this Agreement shall not be construed or interpreted as in any way restricting, limiting, or modifying <br />Buyer's insurance or other obligations under this Agreement and is independent of the Buyer's insurance <br />and other obligations under this Agreement. Buyer's compliance with its insurance obligations and other <br />obligations under this Agreement shall not in any way restrict, limit, or modify the Buyer's indemnification <br />obligations under this Agreement and are independent of the Buyer's indemnification and other obligations <br />under this Agreement. <br />8.5 Survival. of Indemnification and Defense Obligations. The indemnity and defense <br />obligations under this Agreement shall survive the expiration or earlier termination of this Agreement, until <br />all claims against any of the Indernnitees involving any of the indemnified matters are fully, finally, <br />absolutely and completely barred by applicable statutes of limitations. <br />8.6 Independent Duty to Defend. The duty to defend under this Agreement is separate <br />and independent of the duty to Indemnify. The duty to defend includes claims for which an Indemnitee <br />may be liable without fault or strictly liable. The duty to defend applies immediately upon notice of a <br />claim, regardless of whether the issues of negligence, liability, fault, default or other obligation on the part <br />of the Indemnitor or the Indemnitee have been determined. The duty to defend applies immediately, <br />regardless of whether the Indemnitee has paid any amounts or incurred any detriment arising out of or <br />relating (directly or indirectly) to any claims. It is the express intention of the Parties that an Indemnitee <br />be entitled to obtain summary adjudication or summary judgment regarding an Indemnitor's duty to defend <br />the Indemnitee, at any stage of any claim or suit, within the scope of the Indemnitor's indemnity obligations <br />under this Agreement. <br />8.7 Indemnification Procedures. Wherever this Agreement requires any Indemnitor to <br />Indemnify any Indemnitee: <br />-14- <br />