Tenant agrees to Indemnify the Landlord Indemnitees from and against any and all Claims of any kind or nature, real or alleged, arising from # injury to or death 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 or Project by a Tenant Party or # an act or omission on the part of any Tenant Party, # a breach or default by Tenant in the performance of any of its obligations hereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or # injury to or death of 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 about the Premises, the Building, the Property or the Project to the extent directly arising from Landlord’s gross negligence or willful misconduct.

Indemnification. Tenant hereby indemnifies and agrees to Indemnify the Landlord Indemniteesdefend, save and hold Landlord, its officers, directors, employees, managers, agents, sub-agents, constituent entities and lease signators (collectively, “Landlord Indemnified Parties”) harmless from and against any and all Claims of any kind or nature, real or alleged, arising from #for injury to or death of any personto persons or damage to any property occurring within or about the Premises, the Building, the PropertyPremises or the Project,Project arising directly or indirectly out of # the presence at or use or occupancy of the Premises or the Project during the Term or any holding over (including, without limitation, any act, omission or neglect by a Tenant Partyor any Tenant’s Parties in or about the Premises or at the Project), or # an act or omission on the part of any Tenant Party, # a breach or default by Tenant in the performance of any of its obligations hereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or # injury to or death of 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,hereunder, except to the extent directly arising from Landlord’scaused by the willful misconduct or gross negligence or willful misconduct. Tenant’s obligations under this Sectionof Landlord Indemnified Parties. Landlord shall not be affected, reduced or limited by any limitation onliable to Tenant for, and Tenant assumes all risk of damage to, personal property (including, without limitation, loss of records kept within the amount or type of damages, compensation or benefits payable by or forPremises). 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 againstfurther waives any and all Claims arising fromfor injury to or death of any person or damage toTenant’s business or loss of income relating to any physicalsuch damage or destruction of personal property occurring within(including, without limitation, any loss of records). Landlord Indemnified Parties shall not be liable for any damages arising from any act, omission or about the Premises, the Building, the Property orneglect of any tenant in the Project to the extent directly arising from Landlord’s gross negligence or willful misconduct.of any other third party or Tenant Parties.

Indemnification. Tenant hereby indemnifies and agrees to Indemnify thedefend, save and hold Landlord Indemniteesharmless from and against any and all Claims of any kind or nature, real or alleged, arising from #for injury to or death of any personto persons 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 or Project by a Tenant Party or # an act or omission on the part of any Tenant Party, # a breach or default by Tenant in the performance of any of its obligations hereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or # injury to or death of 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, excepthereunder, except, in each case, to the extent directly arising from Landlord’scaused by the willful misconduct or negligence of Landlord or willful misconduct. Tenant’s obligationsthe default by Landlord under this SectionLease. Landlord shall not be affected, reduced or limited by any limitation onliable to Tenant for, and Tenant assumes all risk of damage to, personal property (including, without limitation, loss of records kept within the amount or type of damages, compensation or benefits payable by or forPremises). 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 againstfurther waives any and all Claims arising fromfor injury to or death of any person or damage toTenant’s business or loss of income relating to any physicalsuch damage or destruction of personal property occurring within(including, without limitation, any loss of records). Landlord shall not be liable for any damages arising from any act, omission or about the Premises, the Building, the Property orneglect of any tenant in the Project to the extent directly arising from Landlord’s gross negligence or willful misconduct.of any other third party.

Indemnity. Subject to Paragraph 11.2, Tenant agreesshall indemnify, defend by counsel reasonably acceptable to Indemnify theLandlord, protect and hold harmless Landlord Indemniteesand 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 and all ClaimsTenant Party, or any negligence or misconduct or omissions of Tenant or of any kindTenant Party in or nature, realabout the Premises or alleged,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 any person orpersons, damage to property or business loss in any property occurring within or aboutmanner related to # Tenant’s use and occupancy of 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 or Project by a Tenant Party or # an act or omission on the part of any Tenant Party, # a breach or default by Tenant in the performance of any of its obligations hereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or # injury to or death of 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 about the Premises, the Building, the PropertyBuilding or the Project to the extent directly arisingby or from Landlord’any cause whatsoever (other than Landlord’s gross negligence or willful misconduct.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.

by other persons claiming through Tenant. Except to the extent arising from the negligence or willful misconduct of Landlord, Tenant agrees to Indemnifyshall indemnify, defend, protect, and hold harmless the Landlord IndemniteesParties from and against any and all Claims of any kindclaims, loss, cost, damage, injury, expense and liability (including without limitation court costs and reasonable attorneys' fees) incurred in connection with or nature, real or alleged, arising from # injury to or death of any person or damage to any property occurring withincause 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 Building,contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in, on or about the PropertyProject or any breach of the Project,terms of this Lease, either prior to, during, or after the expiration of the Lease Term, provided that the terms of the foregoing indemnity shall not apply if and from the time that a final adjudication has resulted in a finding of willful misconduct of Landlord. Should Landlord be named as a defendant in any suit brought against Tenant in connection with or arising directly or indirectly out of # the presence at or use orTenant's occupancy of the Premises or Project by aPremises, Tenant Party or # an act or omission on the partshall 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. The provisions of any Tenant Party, # a breach or default by Tenant in the performance of any of its obligations hereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or # injury to or death of 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 Section10.1 shall survive the expiration or earliersooner termination of this Lease. SubjectLease with respect to Sections 23.6, 28.2 and 31.12 and any subrogation provisions containedclaims or liability arising in the Work Letter, Landlord agreesconnection with any event occurring prior to Indemnify the Tenant Parties from and against any and all Claims arising from injury tosuch expiration or death of any person or damage to or loss of any physical property occurring within or about the Premises, the Building, the Property or the Project to the extent directly arising from Landlord’s gross negligence or willful misconduct.termination.

Tenant agreesIndemnification and Waiver. Except as provided in Section 10.5 or to Indemnifythe extent due to the negligence, willful misconduct or violation of this Lease by Landlord or the Landlord IndemniteesParties, 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 againstfall 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, protect, and hold harmless the Landlord Parties from any and all Claims of any kindloss, cost, damage, expense and liability (including without limitation court costs and reasonable attorneys' fees) incurred in connection with or nature, real or alleged, arising from # injury toany cause in, on or deathabout the Premises (including, but not limited to, a slip and fall), any acts, omissions or negligence of Tenant or of any person claiming by, through or damage tounder Tenant, or of the contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any property occurring withinsuch person, in, on or about the Premises,Project or any breach of the Building,terms of this Lease, either prior to, during, or after the Propertyexpiration of the Lease Term, provided that the terms of the foregoing indemnity and release shall not apply to the negligence or the Project,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 directly or indirectly out of # the presence at or use orTenant's occupancy of the PremisesPremises, 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 Project by aindemnified from, and shall indemnify, defend, protect and hold harmless Tenant Party or # an act or omission on the part of any Tenant Party, # a breach or default by Tenant in the performance of any of its obligations hereunder (including any Claim asserted by a Lender against any Landlord Indemnitees under any Loan Document as a direct result of such breach or default by Tenant) or # injury to or death of persons or damage to or loss of any property, real or alleged,from, all losses, damages, liabilities, claims, attorneys’ fees, costs and expenses 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’sgross negligence or willful misconduct. Tenant’misconduct of Landlord or its agents, contractors, licensees or invitees, or a violation of Landlord’s obligations or representations under this Section shall not be affected, reduced or limited by any limitation on the amount or typeLease. The provisions 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 10.1 shall survive the expiration or earliersooner termination of this Lease. SubjectLease with respect to Sections 23.6, 28.2 and 31.12 and any subrogation provisions containedclaims or liability arising in the Work Letter, Landlord agreesconnection with any event occurring prior to Indemnify the Tenant Parties from and against any and all Claims arising from injury tosuch expiration or death of any person or damage to or loss of any physical property occurring within or about the Premises, the Building, the Property or the Project to the extent directly arising from Landlord’s gross negligence or willful misconduct.termination.