|
<br /> endorsement to the applicable policies, the release and waiver of subrogation provided
<br /> hereunder. .
<br /> (e) The minimum insurance limits specified in Section 7.1 above shall be
<br /> subject to increase by the cpr Adjustment (or as otherwise agreed by Landlord and
<br /> Tenant) every tenth (loth) Anniversary of the Commencement Date.
<br /> Section 7.5 Waiver of Subro2ation. Each of Landlord and Tenant hereby releases
<br /> the other from any and all liability or responsibility to the releasing party, anyone claiming
<br /> through or under them by way of subrogation or otherwise, for any loss or damage specifically
<br /> insured against, or required by the terms hereof to be insured against by such party even if such
<br /> loss or damage shall have been caused by the fault or negligence of the other party, or anyone for
<br /> whom such party may be responsible, to the extent of the greater of (a) the amount of insurance
<br /> required to be maintained by the releasing party hereunder if and to the extent such insurance
<br /> " would have covered such loss or damage or (b) the amount of insurance actually carried by such.
<br /> party to the extent such releasing insurance covers such loss or damage.
<br /> Section 7.6 Landlord's Indemnity. From and after the execution of this Lease, but
<br /> subject to Section 7.5, Landlord shall defend and save Tenant harmless and indemnified from
<br /> and against all claims, damages, liabilities and expensc, including, without limitation, rcasonablc
<br /> attorneys' fees, in connection with loss of life, bodily injury or damage to property arising from
<br /> or out of any act or negligence of Landlord, its employees, agents, licensees or contractors, or a
<br /> default by Landlord of its obligations under this Lease. During the Term, but subject to Section
<br /> 7.5, Landlord shall also indemnify, defend and hold Tenant harmless from and against all claims,
<br /> damages, liabilities and expense, including reasonable fees of attorneys, in connection with loss
<br /> of life, bodily injury or damage to property arising from or out of any occurrence in the Common
<br /> Areas (unless occasioned, in whole or in part, by the act or negligence of Tenant, its employees,
<br /> agents, licensees or contractors or by a default in the proper performance of Ten ant's obligations
<br /> under this Lease). Landlord's obligations under this Section 7.6 shall survive the expiration of
<br /> the Term or the earlier termination of the Lease.
<br /> Section 7.7 Tenant's Indemnity. From and after the execution of this Lease, but
<br /> subject to Section 7.5, Tenant shall indemnify, defend and hold Landlord harmless from and
<br /> against all claims, damages, liabilities and expense, including reasonable attorneys fees in
<br /> connection with loss of life, bodily injury or damage to property arising from or out of (i) the
<br /> negligence of Tenant, its employees, or contractors or (ii) a default by Tenant of its obligations
<br /> under this Lease. During the Term, but subject to Section 7.5, Tenant shall also indemnify,
<br /> defend and hold Landlord harmless from and against all claims, damages, liabilities and expense,
<br /> including reasonable fees of attorneys, in connection with loss oflife, bodily injury or damage to
<br /> property arising from or out of any occurrence in the Premises or arising out of the occupancy or
<br /> use of the Premises by Tenant or anyone claiming by, through or under Tenant (unless
<br /> occasioned, in whole or in part, by the act or negligence of Landlord, its employees, agents,
<br /> licensees or contractors or by a default in the proper performance of Landlord's obligations
<br /> under this Lease). Tenant's obligations under this Section 7.7 shall survive the expiration of the
<br /> Term or the earlier termination ofthe Lease.
<br /> .'
<br /> 33
<br /> CHG02:3091375.v8
<br /> . -"...-.
<br />
|