Laserfiche WebLink
Lease and Use Documents assumes toward the Landlord. SUBLESSEE HEREBY <br />AGREES TO INDEMNIFY, DEFEND (WITH COUNSEL APPROVED IN ADVANCE IN <br />WRITING BY SUBLESSOR) AND HOLD HARMLESS SUBLESSOR, AND <br />SUBLESSOR'S AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, <br />LIABILITY, CAUSES OF ACTION, LOSS, DAMAGES, COSTS AND EXPENSES <br />ARISING FROM (1) ANY BREACH, VIOLATION OR NON - PERFORMANCE BY <br />SUBLESSEE OF ANY OF THE TERMS AND PROVISIONS OF EITHER OF THE <br />LEASE AND USE DOCUMENTS OR THIS SUBLEASE, OR ARISING UNDER <br />EITHER OF THE LEASE AND USE DOCUMENTS, OR RESULTING FROM <br />SUBLESSEE'S USE OR OCCUPANCY OF THE PREMISES, OR (ii) ANY <br />PERSONAL OR BODILY INJURY TO PERSONS OR DAMAGE TO PROPERTY TO <br />THE EXTENT THAT SUCH DAMAGE OR INJURY WAS CAUSED, EITHER <br />PROXIMATELY OR REMOTELY, BY ANY ACT OR OMISSION, WHETHER <br />NEGLIGENT OR NOT, OF SUBLESSEE OR ANY OF SUBLESSEE'S AGENTS, <br />SERVANTS, EMPLOYEES, CONTRACTORS, CUSTOMERS, GUESTS, OR <br />INVITEES OR OF ANY OTHER PERSON ENTERING ONTO THE PREMISES UNDER <br />OR WITH THE EXPRESS OR IMPLIED INVITATION OF SUBLESSEE. <br />SUBLESSEE'S OBLIGATIONS OF INDEMNIFICATION PURSUANT TO THIS <br />SECTION 613 WILL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF <br />THIS SUBLEASE. <br />C. Definition of Landlord. All references to "City" in the Primary Lease <br />are deemed to be references to both Sublessor and Landlord with respect to: (a) all <br />provisions requiring the consent of Landlord and (b) all provisions requiring Notice to the <br />Landlord. <br />D. No Duty of Sublessor. Sublessee acknowledges and agrees that <br />Sublessor has no duty or obligation to Sublessee under the provisions of either of the <br />Lease and Use Documents, and no covenants or obligations of Landlord under either of <br />the Lease and Use Documents will be deemed to be covenants or obligations of <br />Sublessor under this Agreement. <br />7. Exculpation. Sublessee hereby acknowledges and agrees that Sublessor <br />is not responsible for any repairs to the Premises, nor will Sublessor, nor any of <br />Sublessor's members, officers, directors, agents, employees or representatives, be <br />liable for any of the following: (i) any of the Landlord's obligations under either of the <br />Lease and Use Documents; (ii) any interruption in utilities or services to the Premises; <br />(iii) any loss of or damage to any property of Sublessee or of Sublessee's employees, <br />agents, customers, guests or invitees (whether by theft or otherwise); (iv) the failure of <br />Landlord to perform any obligation of Landlord under either of the Lease and Use <br />Documents; or (v) any damage or disturbance caused by others. Neither Sublessor nor <br />any of Sublessor's members, officers, directors, employees, agents or representatives <br />has any personal liability under this Sublease. The liability of Sublessor for any default <br />by Sublessor under the terms of this Sublease will be limited to Sublessee's actual <br />direct, but not consequential, damages therefor. <br />5 <br />12059922 <br />K <br />