|
<br />from any activity, work, or other thing done, permitted, or suffered by the Tenant in or
<br />about the building, and shall further indemnify and hold harmless Landlord against and
<br />from any and all claims arising from any breach or default in the performance or any
<br />obligation on Tenant's part to be performed under the terms ofthis lease, or arising from
<br />any act or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of
<br />Tenant, and from and against all costs, attorney's fees, expenses and liabilities incurred
<br />by any such claim or any action or proceeding brought thereon and, in any case, action,
<br />or proceeding brought against Landlord by reason of any such claim,
<br />
<br />Landlord or its agents shall not be liable for any damage to property entrusted to
<br />employees of the building, nor for loss or damage to any property by theft or otherwise,
<br />nor for any injury to or damage to persons or property resulting from fire, explosion,
<br />falling plaster, steam, gas, electricity, water, or rain which may leak from any part of the
<br />building or from the pipes, appliances, or plumbing works therein or from the roof of any
<br />structure on the Property, or from any other place resulting from dampness or any other
<br />cause whatsoever, unless caused by or due to negligence of Landlord, its agents, servants
<br />or employees for failing to repair such condition( s) within a reasonable time after written
<br />notice ofthe need for such repair is given to Landlord by Tenant.
<br />
<br />Tenant shall give prompt notice to Landlord with respect to any defects, fire or accidents
<br />observed by Tenant on the Premises, or on the Property, or of defects therein, or in the
<br />fixtures or equipment.
<br />
<br />10. SUBROGATION
<br />
<br />As long as their respective insurers so permit, Landlord and Tenant hereby mutually
<br />waive their respective rights of recovery against each other for any loss insured by fire,
<br />extended coverage and other property insurance policies existing for the benefit of the
<br />respective parties. Each party shall obtain any special endorsements, if required by their
<br />insurer to evidence compliance with the aforementioned waiver.
<br />
<br />11. SERVICES AND UTILITIES
<br />
<br />Landlord agrees to furnish to the Premises, on all days that the Property is open to the
<br />public, subject to the rules and regulations of the Property, water and electricity suitable
<br />for the intended use of the Premises, heat, ventilation and air conditioning required for
<br />the comfortable use and occupation of the Premises, including janitorial services. The
<br />Owner of the Property shall also maintain the plumbing, air conditioning and electrical
<br />systems on the Property, as well as the common areas of the Property.
<br />
<br />12. RULES AND REGULATIONS
<br />
<br />Tenant shall faithfully observe and comply with the rules and regulations that Landlord
<br />shall from time to time promulgate. Landlord reserves the right from time to time to make
<br />all reasonable modifications to said rules. The additions and modifications to those rules
<br />shall be binding upon Tenant upon delivery of a copy ofthem to Tenant.
<br />
<br />13. ENTRY BY LANDLORD
<br />
<br />Landlord reserves and shall at any and all times have the right to enter the Premises, with
<br />
<br />3
<br />
|