CABAN, GEORGE & ANCA 2-2006 - Laserfiche WebLink

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DO NOT RECORD6/7/06 (c) Tenant shall, at its sole cost and expense, maintain and repair the Premises including, but not limited to, the removal of all trash, debris, graffiti, as well as any special intensive cleaning. If Tenant causes any damage to the Property, to the Premises or to access roadways or other nearby facilities, it shall properly repair same as specified by Landlord. (d) Upon the expiration or termination ofthis Agreement, Landlord shall approve in writing the surrender ofthe Premises by Tenant only after being satisfied that the Premises has been left in good and clean condition, less ordinary wear and tear. (e) Quiet Enjoyment. Tenant shall have quiet possession ofthe Premises for the entire term hereof, subject to all the provisions ofthis Agreement. Section 3.02 Liens Tenant will not permit any mechanics' or materialmens' or other liens to stand against the Premises by reason of any use or occupancy by Tenant, or any person claiming under Tenant. ARTICLE 4 - INDEMNITY AND INSURANCE Section 4.01 Indemnification, Defense, Hold Harmless Tenant shall protect, defend, indemnify and save and hold harmless Landlord, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Tenant's performance of this Agreement or Tenant's failure to comply with any of Tenant's obligations contained in the Agreement by Tenant, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Landlord. In the event Landlord is named as codefendant, Tenant shall notify Landlord of such fact and shall represent Landlord in such legal action unless Landlord undertakes to represent itself as codefendant in such legal action, in which event Landlord shall bear its own litigation costs, expenses and attorney's fees. Tenant further agrees to indemnify, hold harmless, and pay all costs for the defense of the Landlord, including fees and costs for special counsel to be selected by Landlord, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. Landlord may make all reasonable decisions with respect to its representation in any legal proceeding. 4