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of, and waives and releases Landlord, its Invitees (as defined below), and its Agents
<br /> from all Claims (as defined below) for, any injury, loss or damage to any person or
<br /> property in or about 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 Building or 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 or causes. 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 and hold 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, legal representatives, 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, or clients, customers, invitees, guests, licensees,
<br /> assignees or subtenants of 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 /> Agents or 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 extent that
<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 and experts 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
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