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6.1 C <br /> Page 19 <br /> employees, volunteers, contractors and agents from any and all actions, causes <br /> of �action, ciaims, losses, expenses (inc(udmg reasanab(e a#torney's fees and <br /> eosts}, or liabifity or claims for damages on account of damage of property or <br /> injury to or death of persons, including Lessee or Lessee's emplvyees, pat�ons, <br /> age�Es, custome�s, b�siness invitees a�d/or any other persons, ar damage to <br /> proper#y of any kind whatsoever and to whomsoever belonging, including Lessee <br /> or Lessee's employees and patrons, agenfis, customers, business invitees and/or <br /> any other persons, from any cause resulting from the operations of, construction <br /> by Lessee, andlor use of any Agency area by L�ssee or Lessee's empfoyees, <br /> patrons, agents, customers, business invitees and/or any other persons, except <br /> where caused by Lessor's active negligence, sole negligence or willful <br /> misconduct. <br /> �5, �'u�Ti'�i'Q� REPAiF� �3R RE��ivSTRi.;C i Tric FF�civiiSEj <br /> 25.1 In the event of a casua�ty such as fire, flood or earthquake, Lessor shall be under <br /> no obfigation to repair or reconstruct the Lease Area or the improvements to the <br /> Lease Area. Landlord shal( not be responsible for any loss, damage, or <br /> destruction to Tenant's personal property, �rade fixtures, merchandise, inventory <br /> or equipment. <br /> 25.2 Landlord shall have the right to terminate this Lease by giving written no#ice of <br /> termination to Tenant within sixty (64} days after the da#e of #he damage or <br /> destruc#ion, and Tenant's obligation to pay Rent and other charges llnder this <br /> Lease shall terminate as of the date of the damage or destruction. <br /> 25.3 Except as otherwise provided in this Agreement, damage to or destruction of#he <br /> Premises shall not terminate fhis Agreement or result in the abatemen# of any <br /> rent or other charges payable under this Agreemen#. Tenant expressly waives <br /> any right it may have, in faw or equity, to offset any cost incurred by Tenant for <br /> repairs or restoration to the Premises against Tenant's obfigations to pay rent in <br /> connec#ion with Landiord's duties of repair and restorat�on under this Lease. <br /> ?�� �a►t�T�OIRlTY <br /> 26.1 All individuals executing this Agreement on behalf of the parties to this <br /> Agreement represent and warrant that they are authorized to execute and deiiver <br /> this Lease on behalf of their respective party to this Agreement and that this <br /> Lease is binding upon said party to this Agreement. <br /> 27. IUIISCIELLANEOUS <br /> 27.1 Expenses of Enforcement. If there are any iegai or arbi#rat�on proceedings <br /> between Lessor and Lessee fio enforce any provision of this Agreement or to <br /> protect or estabfish any right or remedy of either Lessor or Lessee hereunder, the <br /> unsuccessful party shall pay to the prevailing party all reasonable and customary <br /> costs and expenses, incfuding reasonable atfiorney's fees (incfuding, without <br /> Iimitation, the reasonable value of any in-house counsel services} incurred by <br /> such prevailing pa�#y in such proceeding and in any appe�l in connec#ion <br /> #herew�th. ff such prevailing party recovers a judgment in any such proceeding or <br /> appeaf, sueh costs, expenses, and attorney's fees {inciuding the reasonabEe <br /> Walue o� in-house counse! senrices} shall be determined by #he court or <br /> arbitration panel handling the proceeding and shal� be included in and as pa�t of <br /> such judgment. <br /> ATTY/AGR/2009.024 Initials page 15 <br /> Q61609 <br />