|
and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses,
<br />including all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such
<br />claim or any action or proceeding brought thereon (together, "Claims"), arising at any time during
<br />or after the Term as a result (directly or indirectly) of or in connection with (i) any default in the
<br />performance of any obligation on Tenant's part to be performed under the terms of this Lease;
<br />(ii) Tenant's or Tenant's Parties use of the Premises, the conduct of Tenant's business or any
<br />activity, work or thing done, permitted or suffered by Tenant or Tenant's Parties in or about the
<br />Premises or the Property; or (iii) any act, error or omission of Tenant or Tenant's Parties in or
<br />about the Property or any portion thereof (collectively, the "Indemnification"). Without limiting
<br />the foregoing, Tenant shall indemnify, protect, defend, and hold harmless Landlord and the other
<br />Landlord Parties from and against any and all Claims which arise from or relate in any manner to
<br />the relocation of any person(s), business(es), or other occupant(s) located on within, on, or about,
<br />the Premises following the full or partial termination or expiration of Tenant's leasehold interest in
<br />the Premises (collectively, "Relocation Claims") under Government Code sections 7260 et seq.
<br />or any federal laws ("Relocation Assistance Law"). Tenant's indemnity obligations under this
<br />Section 7.1 shall survive the expiration or earlier termination of this Lease.
<br />7.2 Exemption of Landlord from Liability. Tenant, as a material part of the
<br />consideration to Landlord, hereby assumes all risk of damage to property including, but not limited
<br />to, Tenant's Property and Improvements, and injury to or death of persons in, upon or about the
<br />Premises, arising from any cause, and Tenant hereby waives all claims in respect thereof against
<br />Landlord, except to the extent such claims are caused by Landlord's sole negligence or willful
<br />misconduct. For purposes of this Section 7.2, "Landlord" shall include any person or entity acting
<br />through or on behalf of Landlord. Tenant hereby agrees that Landlord shall not be liable for injury
<br />to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or
<br />injury to or death of Tenant, Tenant's Parties or any other person in or about the Premises or the
<br />Property, whether such damage or injury is caused by fire, steam, electricity, gas, water or rain,
<br />or from the breakage, leakage or other defects of sprinklers, wires, appliances, plumbing, air
<br />conditioning or lighting fixtures, or from any other cause, whether said damage or injury results
<br />from conditions arising within or about the Premises or the Property or from other sources or
<br />places, and regardless of whether the cause of such damage or injury or the means of repairing
<br />the same is inaccessible to Tenant, except damage or injury caused solely by Landlord's sole
<br />negligence or willful misconduct. Landlord shall not be liable for any damages arising from any
<br />act or neglect of any other tenant or occupant, if any, of the Property or Landlord's failure to
<br />enforce the terms of any agreements with parties other than Tenant.
<br />REPAIRS AND MAINTENANCE.
<br />8.1 Landlord's Obligations. The Premises are being leased to Tenant in their
<br />current, existing, "AS -IS" condition. It is specifically understood and agreed that Landlord has no
<br />obligation and has made no promises to alter, remodel, improve, decorate or paint the Premises,
<br />construct or install any Improvements, or otherwise alter or improve the Premises, Property, or
<br />any portion thereof. As Tenant owned and occupied the Premises and Property prior to the
<br />Effective Date, Tenant is extremely familiar with the existing condition of the Premises and
<br />Improvements, and acknowledges that Landlord has made no representation or warranty
<br />regarding the condition thereof.
<br />REV: 01-21-2022 SK 7
<br />ATTY/AGR.2022 010.2/City- County Land Swap (Page 13 of 34)
<br />
|