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Landlord or the Landlord Parties, or for loss of or damage to any property, by theft or otherwise, resulting
<br />from any cause whatsoever, except to the extent arising from the willful misconduct or gross negligence of
<br />Landlord or Landlord's agents or employees. Landlord and the Landlord Parties shall not be liable for any
<br />one or more latent or patent defect(s) in the Center. Tenant shall give prompt notice to Landlord in case of
<br />fire or accidents occurring in, on or about the Center.
<br />(c) Tenant shall be responsible for its own security for the Premises and all property
<br />within the Premises. Landlord shall not be responsible for securing the Premises or its contents and
<br />Tenant releases Landlord from any and all liability for damage, loss, theft and/or injury to the
<br />vehicles, Tenant's employees, Tenant's representatives,Tenant's al4ents or Tenant's Parties.
<br />Hazardous Material. Tenant shall not (either with or without negligence) cause or permit the escape,
<br />disposal or release of any biologically or chemically active or other hazardous substances or materials or
<br />substances or materials now or subsequently found to have an adverse effect on the environment or the
<br />health or safety of persons (collectively, "Hazardous Materials"). Without limitation, the term "Hazardous
<br />Materials" shall include those described in the Comprehensive Environmental Response, compensation and
<br />Liability Act of 1980, as amended, 42 U.S.C. Section 6901, et seq., any applicable state or local laws, and
<br />the regulations adopted under those acts. Tenant shall not allow the storage or use of Hazardous Materials
<br />in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage
<br />and use of such substances or materials,, and Tenant shall not bring or allow to be brought into the Premises
<br />any such Hazardous Materials. Landlord's approval shall not be required for ordinary cleaning products
<br />which are not regulated by governmental authorities and are used in the ordinary course of Tenant's
<br />business. If Tenant or the Tenant's Parties cause any Hazardous Materials contamination of the Premises
<br />or other portions of the Center, Tenant shall, at its sole cost and expense, remove such Hazardous Materials
<br />and remediate the Premises and other affected portions(s) of the Center in compliance with all Laws and in
<br />a manner reasonably satisfactory to Landlord. If any lender or governmental agency shall ever require
<br />testing to ascertain whether or not there has been any release of Hazardous Materials, then the reasonable
<br />costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional rent if such requirement
<br />applies to the Premises. In addition, Tenant shall execute affidavits, representations and the like from time
<br />to time at Landlord's request concerning Tenant's best knowledge and belief regarding the presence of
<br />Hazardous Materials on the Premises. In all events, Tenant shall indemnify, defend and hold Landlord and
<br />the Landlord Parties harmless from and against any and all liabilities, costs, expenses, claims, actions,
<br />causes or action, judgments, damages, penalties, fines or losses (including, without limitation, diminution
<br />in value of the Premises or other portions of the Center, damages arising from any adverse impact on
<br />marketing of space in the Premises or other portions of the Center, and sums paid in settlement of claims,
<br />attorneys' fees, consultants' fees and experts' fees) occurring while Tenant is in possession of the Premises,
<br />or elsewhere if caused by Tenant, the Tenant Parties or persons acting under Tenant. The within covenants
<br />shall survive the expiration or earlier termination of the term of this Agreement.
<br />In.mirnnee-
<br />(a) At all times during the term, Tenant shall, at Tenant's sole cost and expense, procure and
<br />maintain in full force and effect commercial or comprehensive general liability insurance covering death
<br />or injury to one or more persons and damage to property, and also covering the performance by Tenant of
<br />the indemnity provisions of this Agreement, in the minimum amounts of One Million Dollars ($1,000,000)
<br />each occurrence and Two Million Dollars ($2,000,000) in the aggregate. At all times during the term,
<br />Tenant shall, at Tenant's sole cost and expense, procure and maintain in full force and effect fire and
<br />extended coverage insurance (including vandalism, malicious mischief and sprinkler leakage) and such
<br />other insurance coverage as Landlord shall reasonably require, on all vehicles, personal property and
<br />equipment in, upon or about the Premises, at their full replacement cost. All of Tenant's insurance policies
<br />shall (i) be issued by insurance companies acceptable to Landlord authorized to do business in the state in
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<br />Initials
<br />Initials
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