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aocugign Envelope ID' E2IE9747-48313-42Ag-8682-F3962EB70C1
<br /> ADA Cow IJaJQCe-.Tenant shl,tll not cause or permit any violation of the
<br /> meripuas with DisAbanties Act (the "ADA") to o tr 00, or abM the PYettti_ses by T'enatxt, its
<br /> agents, elMlIDYees, COntraMrs or invites. Tenant shall indemnity, defend and h dd L.artdlord
<br /> harmless fry any and all Maims, judgments, ages, penalties, fig, casts, liabilities, or losses
<br /> (including, without limitation, diminution in value of the Premises, damages for the loss or
<br /> restriction of use of rentable or usable space,damages arising from any adverse impact on marketing
<br /> of space, and sums paid is settlement of claims, auorwysl fees, consultation fees and expert fees)
<br /> that arise during or suer the Term as a result of such violation. This indemnification of Landlord by _
<br /> Tenant includes, withoâ–º lirnitation, casts incurred in connection with any investi ad,>n of site
<br /> conditions or any rMedial work rewired by any federal, m te, nt local govemmental agency or
<br /> politick subdivision be=ze of any ADA violation pre.5mt on or about the yes. Tenant shall be
<br /> pmmitted to make such aftmfiOns to the P=iises as they be nece&sary to comply with the ADA, at
<br /> TeRant's soic expense and upon the prior written consent of Landlord. WithOut limiting the
<br /> foregoing, if the presence of any ADA violation on the Premises caused or permitted by T"cnant
<br /> resWts in remedial work on the Premises, Tcnant shall pwmpfly take ail actions at its sale expense as
<br /> are required by any authority to comply with the ADA; provided that Landlor&s consent to such
<br /> actions shall first be obtained, which shai] Bat be reasonably withheld.
<br /> initial:
<br /> 9
<br /> ART'CLE 9 DYSCLAI t ACID INRFM41T(F.,S
<br /> ee#ion 9.01 To the extent not prohibited by applicable Law, none of the Landlord Panies
<br /> shall be liable for, under any circumstances, ark 1en8m hereby release all Landlord Patties from.
<br /> any loss, injurer, death or damW to person or property (including any business or any loss ofimnwme
<br /> or profit therefioow) of Tenants, TertantS' members, officers, directors, shareholders, a e=,
<br /> ploy , coatractnrs, Customers, invitees, or any other Person in or about the Demised Property,
<br /> whether the same are caused by (a) fire, explosim falling placer, steam, dampness, electricity, gas,
<br /> water, rain; (b) breakage, leakage or other defects of Tenants Equipment, Iauilding Equipment,
<br /> sprirYkl=, wires, appliances, plwnbing Fixtures, water Or gas piPes, goof, air conditioning, limiting
<br /> five es, street improvements, or she improvemen t (c) ffief4 sets of God, acts of the public
<br /> enemy, mot, strike, insurrection, civil unrest, war, court order, requisition or order of gover imeutal
<br /> body or authority; (d} anyact or omission of aray other occupant of the Demised agerty; (e)
<br /> operations in consUixtion of any private, public or quasi-public work; (t) Landlord's reentering and
<br /> taking possession of the Deatised property in ac rdanw with the provisions of this Lease or
<br /> 'novmg and storing the propen'y of Tenants as h=M provided; (g) ADA noncompliance, t}r (g)
<br /> arty other cause, including damage or injury that arises from the condition of the Demised Pmperty,
<br /> from occupants of adjacent property, from the public, or from any other sources or places, and
<br /> regardless of whether the cause of such damage or injury or the means of repairing the same are
<br /> inaccessible to Tenants, or that may arise through repair, a]teration or maintenance of any pit of the
<br /> Demised Property or failure to make any such repair, from any condition or defect in, orr or about the
<br /> Dernised Property including any Etxvironmental Conchtions or the preset of any mold or any other
<br /> Hamidous ateria]s, or from any other condition or cause whatsoever'; provided, however, that the
<br /> foregoing release set forth in this Section 9.01 shall not be applicable to arty claim against a
<br /> Landlord Party to the extent, and only to the extent, that such claim is directly attributable to the
<br /> gross negligence or willful misconduct of such ]_zaord Parry. Without limiting the foregoing,
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