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Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair any portion of
<br /> the Demised Property, including any structural items, roof or roofing materials, or any
<br /> aboveground or underground storage tanks, or construct improvements to satisfy ADA
<br /> requirements, and Tenants hereby expressly waives the right to make Repairs at the expense of
<br /> Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In
<br /> addition to Landlord's rights under Section 15.02, if Tenants fails or neglects to commence and
<br /> diligently proceed with all Repairs or fulfill its other obligations as set forth above within thirty
<br /> (30) days after receipt of written notice of the need therefor from Landlord or any other Person
<br /> describing the applicable Repair or other obligation, then Landlord or its agents may enter the
<br /> Demised Property for the purpose of making such Repairs or fulfilling those obligations. Tenants
<br /> shall pay to Landlord all costs and expenses incurred by Landlord as a consequence of such
<br /> Landlord's actions.
<br /> ARTICLE 8 COMPLIANCE WITH LAW
<br /> Tenants shall, throughout the Lease Term, at its sole cost and expense, comply
<br /> with, and cause any subtenants or other occupants at the Demised Property to comply with, Law
<br /> and any applicable franchise agreement or branding agreement.
<br /> ADA Compliance. Tenant shall not cause or permit any violation of the
<br /> Americans with Disabilities Act (the "ADA") to occur on, or about the Premises by Tenant,
<br /> its agents, employees, contractors or invitees. Tenant shall indemnity, defend and hold Landlord
<br /> harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or
<br /> losses (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
<br /> marketing of space, and sums paid in settlement of claims, attorneys' fees, consultation fees and
<br /> expert fees) that arise during or after the Term as a result of such violation. This indemnification
<br /> of Landlord by Tenant includes, without limitation, costs incurred in connection with any
<br /> investigation of site conditions or any remedial work required by any federal, state, or local
<br /> governmental agency or political subdivision because of any ADA violation present on or about
<br /> the Premises. Tenant shall be permitted to make such alterations to the Premises as may be
<br /> necessary to comply with the ADA, at Tenant's sole expense and upon the prior written consent
<br /> of Landlord. Without limiting the foregoing, if the presence of any ADA violation on the
<br /> Premises caused or permitted by Tenant results in remedial work on the Premises, Tenant shall
<br /> promptly take all actions at its sole expense as are required by any authority to comply with the
<br /> ADA; provided that Landlord's consent to such actions shall first be obtained, which shall not be
<br /> reasonably withheld.
<br /> Initial:
<br /> ARTICLE 9 DISCLAIMER AND INDEMNITIES
<br /> Section 9.01 To the extent not prohibited by applicable Law, none of the Landlord
<br /> Parties shall be liable for, under any circumstances, and Tenants hereby release all Landlord
<br /> Parties from, any loss, injury, death or damage to person or property (including any business or
<br /> any loss of income or profit therefrom) of Tenants, Tenants' members, officers, directors,
<br /> shareholders, agents, employees, contractors, customers, invitees, or any other Person in or about
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