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<br />property in orabout the Premises by or from any cause whatsoever including,
<br />without limitation, (i) any act or omission of persons (other than Landlord, its
<br />Invitees, or its Agents) occupying adjoining areas of the Buildingor any part of the
<br />Building adjacent to or connected with the Premises, (ii) theft, (iii) explosion, fire,
<br />steam, oil, electricity, water, gas or rain, pollution or contamination, (iv) stopped,
<br />leaking or defective Building Systems, (v) Building defects, and (vi)any other acts,
<br />omissions orcauses. Nothing in this Section shall relieve Landlord from liability
<br />caused solely and directly by the gross negligence or willful misconduct of Landlord
<br />or its Agents, but landlord shall not be liable under any circumstances for any
<br />consequential, incidental or punitive damages.
<br />B.Tenant’s Indemnity: Tenant, on behalf of itself and its
<br />successors and assigns, shall indemnify, defend andhold harmless (“Indemnify”)
<br />Landlord including, but not limited to, all of its elected and appointed officials,
<br />officers, directors, contractors and employees (collectively,“Agents”), and their
<br />respective heirs, legalrepresentatives, successors and assigns (individually and
<br />collectively, the “Indemnified Parties”), and each of them from and against any and
<br />all liabilities, losses, costs, claims, judgments, settlements,damages, liens, fines,
<br />penalties and expenses, including, without limitation, direct and vicarious liability of
<br />every kind (collectively, “Claims”), incurred in connection with or arising in whole or
<br />in part from: (a) any accident, injury to or death of a person, including, without
<br />limitation, employees of Tenant, or loss of or damage to property, howsoever or by
<br />whomsoever caused by Tenant, its Invitees or its Agents,occurring in or about the
<br />Premises; (b) any default by Tenant in the observation or performance of any of the
<br />terms, covenants or conditions of this Lease to be observed or performed on
<br />Tenant’s part; (c) the use or occupancy or manner of use or occupancy of the
<br />Premises by Tenant, its Agents,orclients, customers, invitees, guests,licensees,
<br />assignees or subtenantsof Tenant(collectively, “Invitees”), or any person or entity
<br />claiming through or under any of them; (d) the condition of the Premises; (e) any
<br />construction or other work undertaken by Tenant on the Premises whether before or
<br />during the Term of this Lease; or (f)any acts, omissions or negligence of Tenant, its
<br />Agentsor its Invitees, in, on or about the Premises or the Property; all regardless of
<br />the active or passive negligence of, and regardless of whether liability without fault is
<br />imposed or sought to be imposed on, the Indemnified Parties, except to the extentthat
<br />such Indemnity is void or otherwise unenforceable under applicable law in effect on
<br />or validly retroactive to the Lease Commencement Date and further except only
<br />such Claims as are caused exclusively by the willful misconduct or gross negligence
<br />of the Indemnified Parties. The foregoing Indemnity shall include, without limitation,
<br />reasonable fees of attorneys, consultants andexperts and related costs and
<br />Landlord’s costs of investigating any Claims. Tenant specifically acknowledges and
<br />agrees that it has an immediate and independent obligation to defend the Landlord
<br />from any Claim which actually or potentially falls within this indemnity provision even
<br />if such allegation is or may be groundless, fraudulent or false, which obligation
<br />arises at the time such Claim is tendered to Tenant by Landlord and continues at all
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