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<br />or the Property and that they are caused by the negligence or willful misconduct <br /> <br />of Tenant, its subtenants, licensees, agents, employees, or invitees. When the <br />claim or liability is caused by the joint negligence or willful misconduct of Tenant <br /> <br />and Landlord or Tenant and/or a third (3rd) party unrelated to Tenant, except <br />Tenant's agents, employees, or invitees, Tenant's duty to defend, indemnify, and <br /> <br />hold landlord harmless shall be in proportion to Tenant's allocable share of the <br />joint negligence or willful misconduct. Tenant shall further indemnify, defend and <br /> <br />hold Landlord harmless from any and all claims and liabilities, including <br />reasonable attorneys' fees, arising from or in any way connected with Tenant's, <br /> <br />its subtenants', licensees', agents', employees', or invitees' use of, or <br />membership in, any fitness center, child care facility, or any other amenity or <br /> <br />service which may be available in the Building and operated by independent <br />contractors, except to the extent such claim or liability arose solely from <br /> <br />Landlord's gross negligence or willful misconduct. <br /> <br />5.9 <br /> <br />Landlord's Indemnity. <br />Landlord shall indemnify, defend, and hold Tenant harmless from <br /> <br />any and all claims and liabilities, including reasonable attorneys' fees to the <br />extent that they meet all the following criteria: <br /> <br />(a) <br /> <br />they are for incidents occurring in or about the Premises, <br /> <br />Building, or Property; and <br /> <br />(b) <br /> <br />they are caused by the negligence or willful misconduct of <br /> <br />landlord, its agents, or employees. When the claim is caused by the joint <br />negligence or willful misconduct of Landlord and Tenant or Landlord and/or a <br /> <br />third (3rd) party unrelated to Landlord, except Landlord's agents or employees, <br />Landlord's duty to defend, indemnify, and hold Tenant harmless shall be in <br /> <br />proportion to Landlord's allocable share of the joint negligence or willful <br /> <br />1f{( <br />