Indemnity. Subject to Paragraph 11.2, Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord, protect and hold harmless Landlord and its affiliates, and each of their respective directors, shareholders, partners, lenders, members, managers, contractors, affiliates and employees (collectively, “Landlord Indemnitees”) from and against all claims, losses, liabilities, causes of suit or action, judgments, damages, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees, consultant’s fees, and court costs) arising from or asserted in connection with the use or occupancy of the Premises, the Building or the Project by Tenant or any Tenant Party, or any negligence or misconduct or omissions of Tenant or of any Tenant Party in or about the Premises or the Project, or Tenant’s breach of any of its covenants under this Lease, except in each case to the extent arising from the gross negligence or willful misconduct of Landlord or any Landlord Indemnitee. Except to the extent expressly provided in this Lease, Tenant hereby waives all claims against and releases Landlord and each Landlord Indemnitee for any injury to or death of persons, damage to property or business loss in any manner related to # Tenant’s use and occupancy of the Premises, the Building or the Project by or from any cause whatsoever (other than Landlord’s gross negligence or willful misconduct), # acts of God, # acts of third parties, or # any matter outside of the reasonable control of Landlord. This Paragraph 11.3 shall survive termination or expiration of this Lease.

Indemnity. SubjectIndemnification. Tenant hereby indemnifies and agrees to Paragraph 11.2, Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord, protectdefend, save and hold harmless LandlordLandlord, its officers, directors, employees, managers, agents, sub-agents, constituent entities and its affiliates, and each of their respective directors, shareholders, partners, lenders, members, managers, contractors, affiliates and employeeslease signators (collectively, “Landlord Indemnitees”Indemnified Parties”) harmless from and against any and all claims, losses, liabilities, causesClaims for injury or death to persons or damage to property occurring within or about the Premises or the Project arising directly or indirectly out of suit or action, judgments, damages, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees, consultant’s fees, and court costs) arising from or asserted in connection with the# use or occupancy of the Premises, the BuildingPremises or the Project during the Term or any holding over (including, without limitation, any act, omission or neglect by Tenant or any Tenant Party, or any negligence or misconduct or omissions of Tenant or of any Tenant PartyTenant’s Parties in or about the Premises or at the Project,Project), or Tenant’s# the a breach or default by Tenant in the performance of any of its covenants under this Lease,obligations hereunder, except in each case to the extent caused by the willful misconduct or gross negligence of Landlord Indemnified Parties. Landlord shall not be liable to Tenant for, and Tenant assumes all risk of damage to, personal property (including, without limitation, loss of records kept within the Premises). Tenant further waives any and all Claims for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property (including, without limitation, any loss of records). Landlord Indemnified Parties shall not be liable for any damages arising from the gross negligenceany act, omission or willful misconductneglect of Landlord or any Landlord Indemnitee. Except to the extent expressly providedtenant in this Lease, Tenant hereby waives all claims against and releases Landlord and each Landlord Indemnitee for any injury to or death of persons, damage to property or business loss in any manner related to # Tenant’s use and occupancy of the Premises, the Building or the Project by or fromof any cause whatsoever (other than Landlord’s gross negligenceother third party or willful misconduct), # acts of God, # acts of third parties, or # any matter outside of the reasonable control of Landlord. This Paragraph 11.3 shall survive termination or expiration of this Lease.Tenant Parties.

Indemnity. Subject to Paragraph 11.2, Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord, protect and hold harmless Landlord and its affiliates, and each of their respective directors, shareholders, partners, lenders, members, managers, contractors, affiliates and employees (collectively, “Landlord Indemnitees”) from and against all claims, losses, liabilities, causes of suit or action, judgments, damages, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees, consultant’s fees, and court costs) arising from or asserted in connection with the use or occupancy of the Premises, the Building or the Project by Tenant or any Tenant Party, or any negligence or misconduct or omissions of Tenant or of any Tenant Party in or about the Premises or the Project, or Tenant’s breach of any of its covenants under this Lease, except in each caseother persons claiming through Tenant. Except to the extent arising from the gross negligence or willful misconduct of Landlord, Tenant shall indemnify, defend, protect, and hold harmless the Landlord Parties from any and all claims, loss, cost, damage, injury, expense and liability (including without limitation court costs and reasonable attorneys' fees) incurred in connection with or arising from any cause in, on or about the Premises, any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any Landlord Indemnitee. Except tosuch person, in, on or about the extent expressly provided inProject or any breach of the terms of this Lease, Tenant hereby waives all claims againsteither prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity shall not apply if and releasesfrom the time that a final adjudication has resulted in a finding of willful misconduct of Landlord. Should Landlord and each Landlord Indemnitee for any injury to or death of persons, damage to property or business lossbe named as a defendant in any manner related to # Tenant’suit brought against Tenant in connection with or arising out of Tenant's use and occupancy of the Premises, the Building or the Project by or from any cause whatsoever (other than Landlord’s gross negligence or willful misconduct)Tenant shall pay to Landlord its costs and expenses incurred in such suit, including without limitation, its actual professional fees such as reasonable appraisers', # actsaccountants' and attorneys' fees. The provisions of God, # acts of third parties, or # any matter outside of the reasonable control of Landlord. This Paragraph 11.3this Section 10.1 shall survive terminationthe expiration or expirationsooner termination of this Lease.Lease with respect to any claims or liability arising in connection with any event occurring prior to such expiration or termination.

Indemnity. SubjectIndemnification. Tenant hereby indemnifies and agrees to Paragraph 11.2, Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord, protectdefend, save and hold harmless Landlord and its affiliates, and each of their respective directors, shareholders, partners, lenders, members, managers, contractors, affiliates and employees (collectively, “Landlord Indemnitees”)harmless from and against any and all claims, losses, liabilities, causesClaims for injury or death to persons or damage to property occurring within or about the Premises, arising directly or indirectly out of suit or action, judgments, damages, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees, consultant’s fees, and court costs) arising from or asserted in connection with the use or occupancy of the Premises, the BuildingPremises or the Projecta breach or default by Tenant or any Tenant Party, or any negligence or misconduct or omissions of Tenant or of any Tenant Party in or about the Premises or the Project, or Tenant’s breachperformance of any of its covenants under this Lease, exceptobligations hereunder, except, in each casecase, to the extent arising fromcaused by the gross negligence or willful misconduct or negligence of Landlord or the default by Landlord under this Lease. Landlord shall not be liable to Tenant for, and Tenant assumes all risk of damage to, personal property (including, without limitation, loss of records kept within the Premises). Tenant further waives any and all Claims for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property (including, without limitation, any loss of records). Landlord Indemnitee. Except to the extent expressly provided in this Lease, Tenant hereby waives all claims against and releases Landlord and each Landlord Indemniteeshall not be liable for any injury todamages arising from any act, omission or deathneglect of persons, damage to property or business lossany tenant in any manner related to # Tenant’s use and occupancy of the Premises, the Building or the Project by or fromof any cause whatsoever (other than Landlord’s gross negligence or willful misconduct), # acts of God, # acts ofother third parties, or # any matter outside of the reasonable control of Landlord. This Paragraph 11.3 shall survive termination or expiration of this Lease.party.

Indemnity. SubjectTenant agrees to Paragraph 11.2, Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord, protect and hold harmlessIndemnify the Landlord and its affiliates, and each of their respective directors, shareholders, partners, lenders, members, managers, contractors, affiliates and employees (collectively, “Landlord Indemnitees”)Indemnitees from and against any and all claims, losses, liabilities, causesClaims of suitany kind or action, judgments, damages, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees, consultant’s fees, and court costs)nature, real or alleged, arising from # injury to or asserted in connection withdeath of any person or damage to any property occurring within or about the Premises, the Building, the Property or the Project, arising directly or indirectly out of # the presence at or use or occupancy of the Premises, the BuildingPremises or the Project by a Tenant Party or # an act or omission on the part of any Tenant Party, # a breach or any negligence or misconduct or omissions ofdefault by Tenant or of any Tenant Party in or about the Premises or the Project, or Tenant’s breachperformance of any of its covenants under this Lease, except in each case to the extent arising from the gross negligence or willful misconduct of Landlord orobligations hereunder (including any Claim asserted by a Lender against any Landlord Indemnitee. Except to the extent expressly provided in this Lease, Tenant hereby waives all claims against and releases Landlord and each Landlord Indemnitee forIndemnitees under any Loan Document as a direct result of such breach or default by Tenant) or # injury to or death of persons,persons or damage to or loss of any property, real or alleged, arising from the serving of alcoholic beverages at the Premises or Project, including liability under any dram shop law, host liquor law or similar Applicable Law, except to the extent directly arising from Landlord’s negligence or willful misconduct. Tenant’s obligations under this Section shall not be affected, reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Tenant under workers’ compensation acts, disability benefit acts, employee benefit acts or similar legislation. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease. Subject to Sections 23.6, 28.2 and 31.12 and any subrogation provisions contained in the Work Letter, Landlord agrees to Indemnify the Tenant Parties from and against any and all Claims arising from injury to or death of any person or damage to or loss of any physical property occurring within or business loss in any manner related to # Tenant’s use and occupancy ofabout the Premises, the BuildingBuilding, the Property or the Project by orto the extent directly arising from any cause whatsoever (other than Landlord’Landlord’s gross negligence or willful misconduct), # acts of God, # acts of third parties, or # any matter outside of the reasonable control of Landlord. This Paragraph 11.3 shall survive termination or expiration of this Lease.misconduct.

Indemnity. Subject to Paragraph 11.2, TenantLandlord Indemnification. Landlord shall indemnify, defend by counsel reasonably acceptable to Landlord,Tenant, protect and hold harmless LandlordTenant and its affiliates, and each of their respective directors, shareholders, investment managers, partners, lenders, members, managers, contractors, affiliatesaffiliates, employees, trustees, principals, beneficiaries, officers, mortgagees and employees (collectively, “Landlordagents (collectively “Tenant Indemnitees”) harmless from and against any and all claims, losses, liabilities, causes of suit or action, judgments, damages, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees, consultant’s fees, and court costs) arising from or asserted in connection with the use or occupancy of the Premises, the Building or the ProjectLosses incurred by Tenant or any Tenant Party, or any negligence or misconduct or omissions of Tenant or of any Tenant Party in or about the Premises or the Project, or Tenant’s breach of any of its covenants under this Lease, except in each caseIndemnitees to the extent arising fromcaused by # the negligence or willful misconduct of Landlord or any other Landlord Party and not covered by the insurance required to be carried by Tenant hereunder or # the gross negligence or willful misconduct of Landlord or any other Landlord Indemnitee. Except to the extent expressly provided in this Lease, Tenant hereby waives all claims against and releases Landlord and each Landlord Indemnitee for any injury to or death of persons, damage to property or business loss in any manner related to # Tenant’s use and occupancy of the Premises, the Building or the Project by or from any cause whatsoever (other than Landlord’s gross negligence or willful misconduct), # acts of God, # acts of third parties, or # any matter outside of the reasonable control of Landlord. This Paragraph 11.3 shall survive termination or expiration of this Lease.Party.

Indemnity. Subject to Paragraph 11.2, TenantExcept for Sublandlord’s negligent or willful misconduct, Subtenant shall indemnify, protect, defend by counsel reasonably acceptable to Landlord, protect and hold harmless the Premises, Sublandlord and Master Landlord and its affiliates, and each of their respective directors, shareholders, partners, lenders, members, managers, contractors, affiliatesagents, officers, directors and employees (collectively, “Landlord Indemnitees”)employees, including the Landlord Parties and Tenant Indemnitees, from and against any and all claims, losses, liabilities, causesloss of suit rents and/or action,damages, liens, judgments, damages, penalties, costsattorneys’ and consultants’ fees, expenses (including, without limitation, reasonable attorneys’ fees, consultant’s fees, and court costs)and/or liabilities arising fromout of, involving, or asserted in connection withwith, # the use and/or occupancy of the Premises,Premises by Subtenant, and # any injury or death of any person or damage to or destruction of property occurring in, on or about the Building or the Project by Tenant or any Tenant Party, or any negligence or misconduct or omissions of Tenant or of any Tenant Party in or aboutProject, including the Premises or the Project, or Tenant’s breach of any of its covenants under this Lease, except in each caseCommon Areas and Parking Facilities, to the extent arising fromsuch injury, death or damage is caused by the gross negligence or willful misconduct of LandlordSubtenant or its employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subtenants. If any Landlord Indemnitee. Except to the extent expressly provided in this Lease, Tenant hereby waives all claimsaction or proceeding is brought against and releases Landlord and each Landlord Indemnitee forSublandlord by reason of any injury to or death of persons, damage to property or business loss in any manner related to # Tenant’s use and occupancy of the Premises,foregoing matters, Subtenant shall upon notice defend the Buildingsame at Subtenant’s expense by counsel reasonably satisfactory to Sublandlord and Sublandlord shall cooperate with Subtenant in such defense. Subtenant need not have first paid any such claim in order to be defended or the Project by or from any cause whatsoever (other than Landlord’s gross negligence or willful misconduct), # acts of God, # acts of third parties, or # any matter outside of the reasonable control of Landlord. This Paragraph 11.3 shall survive termination or expiration of this Lease.indemnified.

Indemnity. SubjectIndemnification and Waiver. Except as provided in Section 10.5 or to Paragraph 11.2,the extent due to the negligence, willful misconduct or violation of this Lease by Landlord or the Landlord Parties, Tenant hereby assumes all risk of damage to property in, upon or about the Premises from any cause whatsoever (including, but not limited to, any personal injuries resulting from a slip and fall in, upon or about the Premises) and agrees that Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors (collectively, "Landlord Parties") shall not be liable for, and are hereby released from any responsibility for, any damage either to person or property or resulting from the loss of use thereof, which damage is sustained by Tenant or by other persons claiming through Tenant. Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord, protectdefend, protect, and hold harmless the Landlord Parties from any and its affiliates,all loss, cost, damage, expense and each of their respective directors, shareholders, partners, lenders, members, managers, contractors, affiliates and employees (collectively, “Landlord Indemnitees”) from and against all claims, losses, liabilities, causes of suit or action, judgments, damages, penalties,liability (including without limitation court costs and expenses (including, without limitation, reasonable attorneys’ fees, consultant’s fees, and court costs) arising from or assertedattorneys' fees) incurred in connection with or arising from any cause in, on or about the usePremises (including, but not limited to, a slip and fall), any acts, omissions or occupancy of the Premises, the Building or the Project by Tenant or any Tenant Party, or any negligence or misconduct or omissions of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant Party inor any such person, in, on or about the PremisesProject or the Project, or Tenant’sany breach of anythe terms of its covenants under this Lease, except in each caseeither prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity and release shall not apply to the extentnegligence or willful misconduct of Landlord or its agents, employees, contractors, licensees or invitees, or Landlord's violation of this Lease. Should Landlord be named as a defendant in any suit brought against Tenant in connection with or arising out of Tenant's occupancy of the Premises, Tenant shall pay to Landlord its costs and expenses incurred in such suit, including without limitation, its actual professional fees such as reasonable appraisers', accountants' and attorneys' fees. Notwithstanding anything to the contrary in this Lease, Landlord shall not be released or indemnified from, and shall indemnify, defend, protect and hold harmless Tenant from, all losses, damages, liabilities, claims, attorneys’ fees, costs and expenses arising from the gross negligence or willful misconduct of Landlord or any Landlord Indemnitee. Except to the extent expressly provided inits agents, contractors, licensees or invitees, or a violation of Landlord’s obligations or representations under this Lease, Tenant hereby waives all claims against and releases Landlord and each Landlord Indemnitee for any injury to or deathLease. The provisions of persons, damage to property or business loss in any manner related to # Tenant’s use and occupancy of the Premises, the Building or the Project by or from any cause whatsoever (other than Landlord’s gross negligence or willful misconduct), # acts of God, # acts of third parties, or # any matter outside of the reasonable control of Landlord. This Paragraph 11.3this Section 10.1 shall survive terminationthe expiration or expirationsooner termination of this Lease.Lease with respect to any claims or liability arising in connection with any event occurring prior to such expiration or termination.

Indemnity. Subject to Paragraph 11.2, Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord, protectindemnify and holdsave harmless Landlord (regardless of Tenant’s covenant to insure) against and from any and all claims by or on behalf of any person or persons, firm or firms, corporation or corporations, arising from the Tenant’s use, occupancy, conduct or management of the Premises, and shall further indemnify and save Landlord harmless against and from any and all claims arising during the term hereof from any condition of the Premises caused by Tenant, or arising from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to the terms of this Lease, or arising from any act of Tenant or any of its affiliates,agents, contractors, servants or employees to any person, firm or corporation occurring during the term hereof in or about the Premise or upon or under said areas, and each of their respective directors, shareholders, partners, lenders, members, managers, contractors, affiliates and employees (collectively, “Landlord Indemnitees”) from and against all claims, losses, liabilities, causes of suitcosts, reasonable counsel fees, expenses or action, judgments, damages, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees, consultant’s fees, and court costs) arising from or asserted in connection with the use or occupancy of the Premises, the Building or the Project by Tenant or any Tenant Party, or any negligence or misconduct or omissions of Tenant or of any Tenant Partyliabilities incurred in or about any such claim or action or proceeding brought thereon. All the Premises or the Project, or Tenant’s breach of any of its covenants under this Lease, except in each caseforegoing is only to the extent arising fromnot caused by the gross negligence or willful misconduct of Landlord or any Landlord Indemnitee. Except to the extent expressly provided in this Lease, Tenant hereby waives all claims against and releases Landlord and each Landlord Indemnitee for any injury toits agents, contractors, servants, or death of persons, damage to property or business loss in any manner related to # Tenant’s use and occupancy of the Premises, the Building or the Project by or from any cause whatsoever (other than Landlord’s gross negligence or willful misconduct), # acts of God, # acts of third parties, or # any matter outside of the reasonable control of Landlord. This Paragraph 11.3 shall survive termination or expiration of this Lease.employees.

Indemnity. Subject to Paragraph 11.2,(a) Tenant shall indemnify, defend by counsel reasonably acceptable to Landlord, protect and hold harmless Landlord and its affiliates, and eachIndemnification of their respective directors, shareholders, partners, lenders, members, managers, contractors, affiliates and employees (collectively, “Landlord Indemnitees”) from and against all claims, losses, liabilities, causes of suit or action, judgments, damages, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees, consultant’s fees, and court costs) arising from or asserted in connection with the use or occupancy of the Premises, the Building or the Project by Tenant or any Tenant Party, or any negligence or misconduct or omissions of Tenant or of any Tenant Party in or about the Premises or the Project, or Tenant’s breach of any of its covenants under this Lease, except in each caseLandlord. Except to the extent arising fromcaused by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives (or any Landlord Indemnitee. Except to the extent expressly provided in this Lease,past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them), Tenant hereby waives all claims against and releasesshall reimburse Landlord and each Landlord Indemnitee forLandlord’s Representatives (as additional rent), and shall indemnify, defend upon request and hold them harmless from and against all Claims suffered by or claimed against them, directly or indirectly, by any injury tothird party and based on or death of persons, damage to propertyarising out of, in whole or business loss in any manner related topart, from: # Tenant’s use and occupancy of the Premises,Premises or any of the BuildingAmenities or other common areas of the Condominium by Tenant or its Agents or the Project by or frombusiness conducted therein, # any cause whatsoever (other than Landlord’s gross negligencenegligent or willful misconduct),act or omission of Tenant or any Agent on or about the Premises or the Condominium, # actsany breach of God, # actsTenant’s obligations under this Lease, including failure to comply with Laws or surrender the Premises upon the expiration or earlier termination of third parties,the Lease Term, or # any matter outsideentry by Tenant or any Agent upon the Land prior to the Lease Commencement Date; provided, however, that neither Tenant nor any of its Agents (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable to Landlord or to any of Landlord’s Representatives or other parties indemnified hereunder for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business). In no event shall Tenant have any liability to Landlord for interruption or loss to Landlord’s business or (except as provided in Article XXII hereof) any indirect or consequential damages, or for any liability covered by any insurance policy carried (or required by this Lease to be carried) by Landlord or such person for which Landlord is fully paid (except that Tenant shall reimburse Landlord for any deductible actually paid by Landlord with respect to the reasonable control of Landlord. This Paragraph 11.3 shall survive termination or expiration of this Lease.same).