Liability and Indemnification. As between the Parties hereto, neither Party shall be liable to the other for the death of or injury to any employee of the other, or loss of or damage to the property of the other, unless caused solely by its own negligence or willful action. Each Party shall indemnify the other against any liability for any loss, damage, or injury suffered by any third party and arising out of its performance of this Agreement where such loss is caused solely by its own negligence or willful action, and the parties shall bear in proportion to its fault, as determined by final judgment or arbitration award, liability for such loss, damage or injury where caused by their joint negligence or willful actions; provided, however, neither Party shall be liable for punitive damages to the other Party, except to the extent awarded to a third party. The Parties acknowledge that they are Parties to various leases, subleases and other agreements, and that this provision shall not supersede or modify any of such separate agreements.

Waiver of Liability and Indemnification. Tenant warrants that it will use reasonable care to prevent damage to property and injury to persons while on The Alexandria or the Campus Point Project. Tenant waives any claims it or any Tenant Parties may have against any ARE Parties relating to, arising out of or in connection with the use by Tenant and/or any Tenant Parties of the Alexandria Regional Amenities and any entry by Tenant and/or any Tenant Parties onto The Alexandria of the Campus Point Project, and Tenant releases and exculpates all ARE Parties from any liability relating to, arising out of or in connection with the Alexandria Regional Amenities and any entry by Tenant and/or any Tenant Parties onto The Alexandria and/or the Campus Point Project, except, in each case, to the extent caused by the willful misconduct or gross negligence of any ARE Party. Tenant hereby agrees to indemnify, defend, and hold harmless the ARE Parties from any claim of damage to property or injury to person relating to, arising out of or in connection with # the use of the Alexandria Regional Amenities by Tenant or any Tenant Parties, and # any entry by Tenant and/or any Tenant Parties onto The Alexandria and/or the Campus Point Project, except to the extent caused by the willful misconduct or negligence of any ARE Party. The provisions of the Section 10 shall survive the expiration or earlier termination of the Lease.

Waiver of Liability and Indemnification. Tenant warrants that it will use reasonable care to prevent damage to property and injury to persons while on The Alexandria. Tenant waives any claims it or any Tenant Parties may have against any ARE Parties relating to, arising out of or in connection with the Amenities and any entry by Tenant and/or any Tenant Parties onto The Alexandria, and Tenant releases and exculpates all ARE Parties from any liability relating to, arising out of or in connection with the Amenities and any entry by Tenant and/or any Tenant Parties onto The Alexandria. Tenant hereby agrees to indemnify, defend, and hold harmless the ARE Parties from any claim of damage to property or injury to person relating to, arising out of or in connection with # the use of the Amenities by Tenant or any Tenant Parties, and # any entry by Tenant and/or any Tenant Parties onto The Alexandria, except to the extent caused by the negligence or willful misconduct of ARE Parties. The provisions of this Section 41(f) shall survive the expiration or earlier termination of this Lease.

Waiver of Liability and Indemnification. Tenant warrants that it will use reasonable care to prevent damage to property and injury to persons while on The Alexandria. Tenant waives any claims it or any Tenant Parties may have against any ARE Parties relating to, arising out of or in connection with the Amenities and any entry by Tenant and/or any Tenant Parties onto The Alexandria, and Tenant releases and exculpates all ARE Parties from any liability relating to, arising out of or in connection with the Amenities and any entry by Tenant and/or any Tenant Parties onto The Alexandria. Tenant hereby agrees to indemnify, defend, and hold harmless the ARE Parties from any claim of damage to property or injury to person relating to, arising out of or in connection with # the use of the Amenities by Tenant or any Tenant Parties, and # any entry by Tenant and/or any Tenant Parties onto The Alexandria, except to the extent caused by the negligence or willful misconduct of ARE Parties. The provisions of this Section 8(f) shall survive the expiration or earlier termination of the Lease.

Waiver of Liability and Indemnification. Tenant warrants that it will use reasonable care to prevent damage to property and injury to persons while on any Submarket Project. Tenant waives any claims it or any Tenant Parties may have against any ARE Submarket Parties relating to, arising out of or in connection with the Submarket Amenities and any entry by Tenant and/or any Tenant Parties onto any Submarket Project, and Tenant releases and exculpates all ARE Submarket Parties from any liability relating to, arising out of or in connection with the Submarket Amenities and any entry by Tenant and/or any Tenant Parties onto any Submarket Project. Tenant hereby agrees to indemnify, defend, and hold harmless the ARE Submarket Parties from any claim of damage to property or injury to persons relating to, arising out of or in connection with # the use of the Submarket Amenities by Tenant or any Tenant Parties, and # any entry by Tenant and/or any Tenant Parties onto any Submarket Project, except to the extent caused by the negligence or willful misconduct of ARE Submarket Parties. The provisions of this Section 40(e) shall survive the expiration or earlier termination of this Lease.

Waiver of Liability and Indemnification. Tenant warrants that it will use reasonable care to prevent damage to property and injury to persons while on The Alexandria. Tenant waives any claims it or any Tenant Parties may have against any ARE Parties relating to, arising out of or in connection with the Amenities and any entry by Tenant and/or any Tenant Parties onto The Alexandria, and Tenant releases and exculpates all ARE Parties from any liability relating to, arising out of or in connection with the Amenities and any entry by Tenant and/or any Tenant Parties onto The Alexandria. Tenant hereby agrees to indemnify, defend, and hold harmless the ARE Parties from any claim of damage to property or injury to person relating to, arising out of or in connection with # the use of the Amenities by Tenant or any Tenant Parties, and # any entry by Tenant and/or any Tenant Parties onto The Alexandria, except to the extent caused by the gross negligence or willful misconduct of any ARE Parties. The provisions of this Section 7 shall survive the expiration or earlier termination of the Lease.

Waiver of Liability and Indemnification. Tenant warrants that it will use reasonable care to prevent damage to property and injury to persons while on The Alexandria. Tenant waives any claims it or any Tenant Parties may have against any ARE Parties relating to, arising out of or in connection with the Amenities and any entry by Tenant and/or any Tenant Parties onto The Alexandria, and Tenant releases and exculpates all ARE Parties from any liability relating to, arising out of or in connection with the Amenities and any entry by Tenant and/or any Tenant Parties onto The Alexandria. Tenant hereby agrees to indemnify, defend, and hold harmless the ARE Parties from any claim of damage to property or injury to person relating to, arising out of or in connection with # the use of the Amenities by Tenant or any Tenant Parties, and (ii)

Waiver of Liability and Indemnification. Tenant warrants that it will use reasonable care to prevent damage to property and injury to persons while on 5-9 Laboratory Project. Tenant waives any claims it or any Tenant Parties may have against Landlord, the 5-9 Laboratory Landlord, Alexandria Real Estate Equities, Inc., and all affiliates of Landlord, the 5-9 Laboratory Landlord and Alexandria Real Estate Equities, Inc. (collectively, the “ARE Parties”) relating to, arising out of or in connection with the use by Tenant and/or any Tenant Parties of the 5-9 Lab Food Amenity or the 5-9 Lab Fitness Center and any entry by Tenant and/or any Tenant Parties onto 5-9 Laboratory Project, and Tenant releases and exculpates all ARE Parties from any liability relating to, arising out of or in connection with the 5-9 Lab Food Amenity or the 5-9 Lab Fitness Center and any entry by Tenant and/or any Tenant Parties onto 5-9 Laboratory Project. Tenant hereby agrees to indemnify, defend, and hold harmless the ARE Parties from any claim of damage to property or injury to person relating to, arising out of or in connection with # the use of the 5-9 Lab Food Amenity or the 5-9 Lab Fitness Center by Tenant or any Tenant Parties, and # any entry by Tenant and/or any Tenant Parties onto 5-9 Laboratory Project, except to the extent caused by the willful misconduct or negligence of any ARE Party. The provisions of this Section 40(d) shall survive the expiration or earlier termination of this Lease.

14.1Waiver of Liability

Liability and Indemnification. Avidity shall not be liable for any loss, injury or damage incurred by Consultant or by a third party as a result of Consultant’s performance of the Consulting Services, including any loss, injury or damage resulting from the negligent or willful act or omission by Consultant. Consultant shall indemnify and hold Avidity harmless from any liability, loss, cost and expense (including attorneys’ fees and costs) incurred by Avidity as a result of Consultant’s negligent acts or omissions or breach of this Agreement.