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<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 of this 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 ofthe 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 ofthe <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 of the 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 ofa copy of them 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 />reasonable notice to Tenant, for the purposes of inspection, supplying janitorial service <br /> <br />3 <br />