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<br />........ <br /> <br />-.J <br /> <br />(c) Waiver of 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, extended <br />coverage and other property insurance policies existing for the benefit of the respective parties. <br />Each party shall obtain any special endorsements, if required by their insurer to evidence <br />compliance with the aforementioned waiver. <br /> <br />(d) Hold Harmless. <br /> <br />Tenant shall indemnify Landlord against all claims, damages, losses, costs, liabilities and <br />expenses, arising from Tenant's use of the Premises for the conduct of its business, or from any <br />activity, work, or other thing done, permitted, or suffered by the Tenant in or about the building, <br />and shall further indemnify and hold harmless Landlord against and from any and all claims <br />arising from any breach or default in the performance or any obligation on Tenant's part to be <br />performed under the terms of this Lease, or arising from any act or negligence of the Tenant, or <br />any officer, agent, employee, guest, or invitee of Tenant, and from and against all costs, attorney's <br />fees, expenses and liabilities incurred by any such claim or any action or proceeding brought <br />thereon and, in any case, action, or proceeding brought against Landlord by reason of any such <br />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, nor for <br />any injury to or damage to persons or property resulting from fire, explosion, falling plaster, <br />steam, gas, electricity, water, or rain which may leak from any part of the building or from the <br />pipes, appliances, or plumbing works therein or from the roof of any structure on the Property, or <br />from any other place resulting from dampness or any other cause whatsoever, unless caused by or <br />due to negligence of Landlord, its agents, servants or employees for failing to repair such <br />condition(s) within a reasonable time after written notice of the need for such repair is given to <br />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 fixtures or <br />equipment. <br /> <br />16. RECONSTRUCTION <br /> <br />In the event that the Premises or the building of which the Premises are a part are <br />damaged by fire or other perils covered by extended coverage insurance, Landlord agrees to <br />forthwith repair the same; and this Lease shall remain in full force and effect, except that Tenant <br />shall be entitled to a proportionate reduction, to be based upon the extent to which the making of <br />such repair shall materially interfere with the business carried on by the Tenant in the Premises. <br /> <br />5 <br />