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t <br />liabilities, costs and expenses for loss of or damage to property and for injuries to or death of any <br />person (including, but not limited to, the property and employees of each party hereto) when arising <br />aut of or resulting from, directly or indirectly: <br />(a) the use of the Premises by Lessee and its agents; <br />(b) any breach or default in the performance of any obligation on Lessee's part to <br />be performed under the terms of this Lease; or <br />(c) any occurrence in, upon or at the Premises or on account of the use, <br />condition or occupancy of the Premises; <br />regardless of whether such claims, tosses, liabilities, costs or expenses are caused or contributed <br />to by the negligence, active or passive, of Lessor or arise during or after the Lease Term. The <br />obligations of Lessee under this Section 7.2 shall survive the termination of this Lease with respect <br />to any damage, injury or death occurring prior to Lease Termination. <br />7.3 L sor as a P~ Defendant. If, by reason of any act or omission by Lessee or <br />Lessee's agents, Lessor or its agents are made a party defendant concerning this Lease or the <br />Premises, Lessee shall indemnify Lessor and its agents against all liability incurred (or threatened <br />against) Lessor and its agents as a party defendant, including all damages, costs and attorneys' fees. <br />8. INSURANCE <br />While this Lease is in effect, Lessee, at Lessee's expense, shall maintain and furnish Lessor <br />evidence of insurance set forth in Lessors "General Insurance Requirements" form attached hereto <br />as Exhibit "B" and made a part hereof. <br />9. NOISE LEVELS NEAR RAILROAD TRACKS <br />Lessee hereby recognizes and acknowledges that railroad tracks are located on or adjacent to the <br />Premises (the "Tracks"). <br />Lessee recognizes that the operation of trains over the Tracks is likely to produce noise leve Is which <br />may be considered objectionable by Lessee and its agents. Lessee hereby waives any claim for <br />damages for any injury or inconvenience to or interterence with Lessee's business, any loss of <br />occupancy or quiet enjoyment of the Premises, and any other loss occasioned by the noise produced <br />by the operation oflrains over the Tracks. Lessee agrees to indemnify, defend and hold Lessor and <br />its agents harmless from and against any loss, damage, liability, or expense incurred by Lessor or <br />its agents as a result of any action or complaint of any kind whatsoever initiated against Lessor or <br />its agents from Lessee's agents. <br />10. RESERVATIONS <br />Lessor hereby excepts and reserves the right, to be exercised by Lessor and by any other who has <br />obtained or may obtain permission or authority from Lessor so to do, to <br />(a) operate, maintain, review and relocate any and all existing pipe, track (if any), <br />power and communication (including without limitation fiber optic) lines and appurtenances <br />Document 0011 <br />Page 7 of 20 <br />