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directors, shareholders, beneficiaries, agents, employees and independent contractors) shall not
<br />(and Tenant hereby agrees that they shall not) be liable, under any circumstances (except in the
<br />event of, and then only to the extent directly attributable to, Landlord's active gross negligence
<br />or willful misconduct), for any loss, injury, death or damage to person or property (including but
<br />not limited to the business or any loss of income or profit therefrom) of Tenant, Tenant's
<br />members, officers, directors, shareholders, agents, employees, contractors, customers, invitees or
<br />any other person in or about the Demised Premises, whether the .same are caused by (1) fire,
<br />explosion, falling plaster, steam, dampness, electricity, gas, water, rain or (2) breakage, leakage
<br />or other defects of sprinklers, wires, appliances, plumbing fixtures, water or gas pipes, roof, air
<br />conditioning, lighting fixtures, street improvements, or subsurface improvements or (3) theft,
<br />acts of God, acts of the public enemy, riot, strike, insurrection, war, court order, requisition or
<br />order of governmental body or authority, or (4) any act or omission of any other occupant of the
<br />Demised Premises or any other party, or (5) operations in construction of any private, public or
<br />quasi -public work, or (5) any other cause, including damage or injury which arises from the
<br />condition of the Demised Premises, from occupants of adjacent property, from the public, or
<br />from any other sources or places, and regardless of whether the cause of such damage or injury
<br />or the means of repairing the same are inaccessible to Tenant, or which may arise through repair,
<br />alteration or maintenance of any part of the Demised Premises or failure to make any such
<br />repair, from any condition or defect in, on or about the Demised Premises including any
<br />"Environmental Conditions" (as defined in Article XXXVII) or the presence of any Hazardous
<br />Materials (as defined in Article XXXVII), or from any other condition or cause whatsoever.
<br />Section 10.02 Tenant hereby fully and forever releases, discharges, acquits, indemnifies,
<br />protects, and agrees to defend (with counsel selected by Landlord) and hold the Demised
<br />Premises, Landlord, Landlord's lender and Landlord's representatives, wholly free and
<br />harmless of, from and against any and all claims, demands, actions, causes of action, settlements,
<br />obligations, duties, indebtedness, debts, controversies, losses, remedies, chooses in action,
<br />liabilities, costs, penalties, fines, damages, injury, judgments, forfeiture, losses (including
<br />without limitation diminution in the value of the Demised Premises) or expenses (including
<br />without limitation attorneys' fees, consultant fees, testing and investigation fees, expert fees and
<br />court costs), whether known or unknown, whether heretofore now existing or hereafter arising,
<br />whether liquidated or unliquidated, arising out of or in any way related to or resulting directly or
<br />indirectly from (i) the use or occupancy of the Demised Premises, (ii) the activities of Tenant, its
<br />agents, employees, contractors or invitees in or about the Demised Premises, (iii) any failure to
<br />comply with any applicable law, including without limitation all Environmental Laws; (iv) any
<br />default or breach by Tenant in the performance of any obligation of Tenant under this Lease, (v)
<br />the presence or " Release" (as defined in Article XXXVII) at, on, under or from the Demised
<br />Premises of Hazardous Materials associated in any manner whatsoever with Tenant's " Use" (as
<br />defined in Article XXXVII) of Hazardous Materials; and (vi) any other loss, injury or damage
<br />described in Section 10.01 above; provided, however, that the foregoing indemnity shall not be
<br />applicable to the extent any such claims are directly attributable to the active gross negligence or
<br />willful misconduct of Landlord. All of the personalty or any other property of Tenant kept or
<br />stored at, on or about the Demised Premises shall be kept or stored at the risk of Tenant.
<br />Section 10.03 Tenant hereby fully and forever releases, discharges, acquits, indemnifies,
<br />protects, and agrees to defend (with counsel selected by Landlord) and hold the Demised
<br />Premises, Landlord and Landlord's representatives, wholly free and harmless of, from and
<br />against any and all claims, demands, actions, causes of action, settlements, obligations, duties,
<br />indebtedness, debts, controversies, losses, remedies, chooses in action, liabilities, costs,
<br />penalties, fines, damages, injury, judgments, forfeiture, losses (including without limitation
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