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to be conducted in compliance with the Americans With Disabilities Act, 42 U.S.CA Sections 12101 et seq.,
<br />and as required by any similar statute or regulation, provided that Tenant and Landlord have the right to
<br />immediately terminate this Lease if the cost of complying with this sentence exceeds $50,000. Tenant
<br />understands and agrees that Landlord shall not be responsible and obligated to cause the Premises and
<br />Tenant's uses thereof to be conducted in compliance with the Americans with Disabilities Act, 42 U.S.C.A.
<br />Section 12101 et seq., or any similar statute or regulation, and Tenant hereby waives all rights to make
<br />such Americans With Disabilities Act capital improvements at Landlord's expense. Tenant also agrees to
<br />indemnify and hold Landlord harmless against any claims, actions or lawsuits in which a violation of the
<br />American with Disabilities Act, or any similar statute or regulation, is alleged. Any alteration and
<br />improvements made by or on behalf of Tenant pursuant to the provisions of this Section shall comply with
<br />the provisions in Section 8, Alteration and Improvements. The Parties acknowledge and agree that
<br />Tenant's obligation to comply with all laws as provided herein is a material part of the bargained for
<br />consideration under this lease. Tenant's obligations under this Section shall include, without limitation, the
<br />responsibility of Tenant to make substantial or structural repairs and alterations to the Premises (including
<br />any of the Tenant's improvements or alterations), regardless of, among other factors, the relationship of the
<br />cost of curative action to the rent under this lease, the length of the then remaining Term hereof, the
<br />relative benefit of the repairs to Tenant or Landlord, the degree to which the curative action may interfere
<br />with Tenant's use or enjoyment of the Premises, the likelihood that the Parties contemplated the particular
<br />law involved, and whether the law involved is related to Tenant's particular use of the Premises. Failure to
<br />comply with all laws as provided herein, ordinances, rules or regulations shall constitute a material breach
<br />of this lease.
<br />11. WAIVER OF CLAIMS; INDEMNIFICATION:
<br />A. Limitation on Landlord's Liability; Waiver of Claims: Landlord shall not be
<br />responsible for or liable to Tenant, and Tenant hereby assumes the risk of, and waives and releases
<br />Landlord, its Invitees (as defined below), employees, officers, commissioners, boardmembers and its
<br />Agents from all Claims (as defined below) for any injury, loss or damage to any person or property in or
<br />about the Premises by or from any cause whatsoever including, without limitation, (i) any act or omission of
<br />persons (other than Landlord, its Invitees, or its Agents) occupying adjoining Premises or any properties
<br />adjacent to or connected with the Premises, (ii) theft, (iii) explosion, stray ammunition, misfired firearms,
<br />fire, steam, oil, electricity, water, gas or rain, pollution or contamination, (iv) any other acts, omissions or
<br />causes. Nothing in this Section shall relieve Landlord from liability caused solely and directly by the gross
<br />negligence or willful misconduct of Landlord or its Agents, but Landlord shall not be liable under any
<br />circumstances for any consequential, incidental or punitive damages.
<br />B. Tenant's Indemnity: Tenant, on behalf of itself and its successors and assigns,
<br />shall indemnify, defend and hold harmless ("Indemnify") Landlord including, but not limited to, all of its
<br />agents, officers, directors, contractors and employees (collectively, "Agents"), and their respective heirs,
<br />legal representatives, successors and assigns (individually and collectively, the "Indemnified Parties"), and
<br />each of them from and against any and all liabilities, losses, costs, claims, judgments, settlements,
<br />damages, liens, fines, 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 in part from: (a) any
<br />accident, injury to or death of a person, including, without limitation, employees of Tenant, or loss of or
<br />damage to property, howsoever or by whomsoever caused by Tenant, its Invitees or its Agents, occurring
<br />in or about the Premises; (b) any default by Tenant in the observation or performance of any of the terms,
<br />covenants or conditions of this Lease to be observed or performed on Tenant's part; (c) the use or
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