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<br />ARTICLE XI.
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<br />Section 11.1. Utilities. Tenant shall promptly pay all charges for electricity, water, gas, telephone service, sewage
<br />service and other utilities furnished to the Demised Premises, and will save and hold Landlord harmless from any
<br />charge or liability for same. Landlord may, ifit so elects, furnish one or more utility services to Tenant and in such
<br />event Tenant shall purchase the use of such services as are tendered by Landlord, and shall pay on demand as
<br />additional rental the rates established therefore by Landlord which shall not exceed the rates which would be charged
<br />for the same services if furnished directly by the local public utility companies. Landlord may at any time
<br />discontinue furnishing any such service without obligation to Tenant other than to connect the Demised Premises to
<br />the public utility, if any, furnishing such service.
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<br />Section 11.2. Interruptions. Landlord shall not be liable for any interruption whatsoever in utility services and
<br />no such interruption shall constitute an eviction or disturbance of Tenant's use and possession of the Demised
<br />Premises or grant Tenant any right of set -off or recoupment. In the event of any such interruption of utility services
<br />furnished by Landlord (if any), Landlord shall use reasonable diligence to restore such service in any circumstances
<br />in which such interruption is caused by Landlord's fault.
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<br />ARTICLE XII.
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<br />Section 12.1. Indemnification, Waiver and Release. To the extent allowed by applicable law, Tenant will
<br />indemnify Landlord, its agents, and employees against, and hold Landlord, its agents, and employees harmless from,
<br />any and all demands, claims, causes of action, fines, penalties, damages (including consequential damages), losses,
<br />liabilities, judgments, and expenses (including, without limitation, attorney's fees and court costs) incurred in
<br />connection with or arising from: (a) the use or occupancy of the Premises, by Tenant or any person claiming under
<br />Tenant; (b) any activity, work, or thing done, or permitted or suffered by Tenant in or about the Premises; (c) any
<br />acts, omissions, or negligence of Ten ant or any person claiming under Tenant, or the contractors, agents, employees,
<br />invitees, or visitors of Tenant or any such person; (d) any breach, violation, or nonperformance by Tenant or any
<br />such person claiming under Tenant or the employees, agents, contractors, invitees, or visitors of Tenant or such
<br />person of any term, contract, or provision of this Lease or any law, ordinance, or governmental requirement of any
<br />kind; or (e ) (except for loss of use of all or any portion of the Premises or Tenant's property located within the
<br />Premises which is approximately caused by or results approximately from the gross negligence of Landlord), any
<br />injury or damage to the person, property or business of Ten ant, its employees, agents, contractors, invitees, visitors,
<br />or any other person entering upon the Premises under the express or implied invitation of Tenant. To the extent
<br />allowed by applicable law, if any action or proceeding is brought against Landlord, its employees, or agents by
<br />reason of such claim, Tenant, upon notice from Landlord, will defend the claim at Tenant's expense with counsel
<br />reasonably satisfactory to Landlord.
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<br />Section 12.3. Tenant's Fire Insurance. Tenant agrees to obtain and maintain at all times during the term of this
<br />Lease a policy of fire and extended coverage insurance on its fixtures, equipment, merchandise and other property
<br />placed in or upon the Demised Premises.
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<br />Section 12.4. Waiver of Subrogation. To the extent allowd by applicable law anything in this Lease to the
<br />contrary notwithstanding, Landlord and Tenant each hereby waive any and all rights of recovery, claim, action, or
<br />cause of action, against the other, its agents, officers, or employees, for any loss of damage that may occur to the
<br />Premises, or any improvements thereto, or any personal property of such party therein, by reason of fire, the
<br />elements, or any other cause covered by insurance required to be carried by each of them pursuant to this Lease or
<br />any other insurance actually carried by each of them, regardless of cause or origin, including negligence ofthe other
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<br />INITIAL~
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