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<br />employees, volunteers, contractors and agents from any and all actions, causes <br />of action, claims, losses, expenses (including reasonable attorney's fees and <br />costs), or liability or claims for damages on account of damage of property or <br />injury to or death of persons, including Lessee or Lessee's employees, patrons, <br />agents, customers, business invitees and/or any other persons, or damage to <br />property of any kind whatsoever and to whomsoever belonging, including Lessee <br />or Lessee's employees and patrons, agents, customers, business invitees and/or <br />any other persons, from any cause resulting from the operations of, construction <br />by Lessee, and/or use of any Agency area by Lessee or Lessee's employees, <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 /> <br />25. DUTY TO REPAIR OR RECONSTRUCT THE PREMISES <br />25.1 In the event of a casualty such as fire, flood or earthquake, Lessor shall be under <br />no obligation to repair or reconstruct the Lease Area or the improvements to the <br />Lease Area. Landlord shall not be responsible for any loss, damage, or <br />destruction to Tenant's personal property, trade fixtures, merchandise, inventory <br />or equipment. <br /> <br />25.2 Landlord shall have the right to terminate this Lease by giving written notice of <br />termination to Tenant within sixty (60) days after the date of the damage or <br />destruction, and Tenant's obligation to pay Rent and other charges under this <br />Lease shall terminate as of the date of the damage or destruction. <br /> <br />25.3 Except as otherwise provided in this Agreement, damage to or destruction of the <br />Premises shall not terminate this Agreement or result in the abatement of any <br />rent or other charges payable under this Agreement. Tenant expressly waives <br />any right it may have, in law or equity, to offset any cost incurred by Tenant for <br />repairs or restoration to the Premises against Tenant's obligations to pay rent in <br />connection with Landlord's duties of repair and restoration under this Lease. <br /> <br />26. AUTHORITY <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 deliver <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 /> <br />27. MISCELLANEOUS <br />27.1 Expenses of Enforcement. If there are any legal or arbitration proceedings <br />between Lessor and Lessee to enforce any provision of this Agreement or to <br />protect or establish 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, including reasonable attorney's fees (including, without <br />limitation, the reasonable value of any in-house counsel services) incurred by <br />such prevailing party in such proceeding and in any appeal in connection <br />therewith. If such prevailing party recovers a judgment in any such proceeding or <br />appeal, such costs, expenses, and attorney's fees (including the reasonable <br />value of in-house counsel services) shall be determined by the court or <br />arbitration panel handling the proceeding and shall be included in and as part of <br />such judgment. <br /> <br />ATTY/AGR/2009.024 <br />061609 <br /> <br />Mlni!i.l. <br /> <br />Page 15 <br />