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Owusign Enve'ope ad' E2TE9717-4836,42A9-WR-F4952ED743C1
<br /> Tenants hemby waive any right to any coan, ujentiai, special, itrct or punitive damages against
<br /> any Landlord Parties arising out of any claim in connection with or related to this Luse or the
<br /> Dernised Property.
<br /> eefion 9.02 In addition to any and all other obligations of Tenants undue this Lease
<br /> (including under any indernrtity or sinfflax provision Wt &0h herein), to the exleat permitted by
<br /> applicable Law, Tenants hereby agree to filly and forever indemnify, protect defend and hold all
<br /> Landlord Parties free and harmless ors from and against any and all Losses (including, subject to the
<br /> terms of this Section, diminution in the value of the Demised Property. normal wear and tear
<br /> excepted): (a) arising out of or in any way related M or resitltisng dimly or indirectly from: (i) the
<br /> uric, occupancy, or activities of Tenants, its sublernants, agents, employees, cone tDM invitm or
<br /> any other Pm wn in or about the Demised Property; (6) any failure on the pwt of Temmts to comply
<br /> with any applicable Law, imiuding any Envuonmerntal Laws; (iii) any Default or Event of Default
<br /> under this Lease (including as a result of any termination by Landlord, following an Evem of
<br /> Default of any sublease, license, concession,or other consemunal arrangement for possession entered
<br /> into by Tenants and aMeting the Demised Property puxsumt to Section 22.01), and including any
<br /> aMlim l fees and costs, or any increa.sed inter t rate or other charges imposed by any Ludlord's
<br /> Lender by reason of such Default or Event of Default (wtetber or Wt such Default or Event of
<br /> Default is a default under any agreements with any Landlord's Lender); (iv)any other loss, injury or
<br /> damage described in Section 9.01 above; (v) in connxecdon with mold at the Dernised Property; (vi)
<br /> work or labor performed, materials or supplies wed to or at the request of Tenants or in
<br /> connection with obligations iuncurmd by or pe€fo uance of any work done for the account of Tenants
<br /> iu, on or about the Demised Property; and (b) whether heretofore now existing or hereafter arising
<br /> out of or in any way related to or resulting directly or ir4rectly from the presence or release at, on,
<br /> under, to or from the Demised property of Hazmdous Materials. Without limitiA the foregoing, (x)
<br /> the indemnity set forth in this Section .02 includes direct or Mducc L compensatory, consequential,
<br /> spacial and pumitive damages, (y) Tenants "I pay on demand all fees and casts of Landlord
<br /> (including artomeys' fees and costs) in connection with any enforcement by Landlord of the terms of
<br /> this Lug,and (z) all of the personal or any other property of Tenants kept or stored at, out or about
<br /> the Demised Property shall be kept or stored at the sole risk of Tenants. Notwidistandirng the
<br /> i'oregoing, the indemnify set forth in this &aigon 902 sh i not be, applicable to any claim against
<br /> any Landlord Party to the exicrit, and wdy to the extent, such claim is directly axtributabie to the
<br /> gross negligence or willful miscondctct of such Landlord Party-
<br /> Section 9.03 The provisions of this Adele 9 shall survive the expiration or sooner
<br /> termination of des Lease. Tenants hereby 'waives the provisions of any applicable Law restricting the
<br /> release of claims, or extent of release of claims, that Tenants does not kmw or suspect to exist at the
<br /> time of release, that, if ]mown- would have materially affected Tenants' decision to agree to the
<br /> release contained in this Aqicle 9. In this regard, Tenants hereby agree, represent, and warrant to
<br /> Landlord that Tennnts maize and acknowledge that factual matters now unknown to Tenants may
<br /> hereafter give rise to Losses that are presently unknown, unanticipated and uurnsuspected,and Tenants
<br /> finrther agree, represent and warrant that the release provided hereunder has been negotiated and
<br /> agreed upon in light of that reWization and that Tenants nevertheless hereby intend to release,
<br /> discharge and acquit the parties set forth t?erein above from any such unknown Losses that are ern any
<br /> manner set forth in or relaxed to this Lease, the Demised Property and all dealings in connection
<br /> therewith.
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