2002 - 05-20-02 Regular Meeting - Laserfiche WebLink

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023 goo.; pie, 869 13. INDEMNIFICATION OF LANDLORD. (a) Tenant as a material part of the consideration to be rendered to Landlord under this Lease, hereby waives all claims against Landlord for damages to goods, wares and inventory in and about said Premises and for injuries to persons in or about said Premises from any cause beyond Landlord's control. Tenant shall save Landlord harmless from and on account of any and all damage or injury to any person or to the goods, wares or merchandise of any person arising from the failure of the Tenant to keep the Premises in good condition as herein provided. Tenant shall indemnify, protect, defend and hold Landlord harmless from and against any and all claims, liabilities, losses, damages and suits arising from Tenant's use, occupancy or enjoyment of the Premises and its facilities or the conduct of Tenant's business or from any activity, work or things done, permitted or suffered by Tenant or its agents and employees in or about the Premises, and Tenant further agrees to indemnify, protect, defend and hold Landlord harmless from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease or arising from any negligence of Tenant or any of its agents, contractors, employees, invitees, or licensees and from and against all costs, attorneys' fees, expenses and liabilities of any kind incurred in or about any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's sole cost and expense by counsel reasonably satisfactory to Landlord. Landlord shall not be liable to Tenant for any damage resulting from the negligence of any owner or occupant of adjoining or contiguous property. Tenant agrees to pay for all damages to the building as well as all damages to the tenants or occupants thereof caused by the Tenant's negligence, or misuse, or neglect of said Premises, its apparatus or appurtenances. (b) In case Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, Tenant shall pay all costs and reasonable attorneys' fees incurred by such litigation and Tenant shall also pay all costs and reasonable attorneys' fees incurred by or against Landlord in obtaining possession of the Premises upon the expiration or earlier termination of the Term of this Lease or enforcing any other covenant of Tenant herein contained. All such costs and reasonable attorneys' fees if paid by Landlord, and the payment of all monies provided in this Lease to be made by Tenant shall, if paid by the Landlord, be, and they are hereby declared to be, a Landlord's lien upon Tenant's interest in any personal property placed on the Premises at any time during the term of this Lease. 14. MECHANIC'S LIENS. Tenant shall not suffer or permit any mechanic's liens or materialman's liens to be filed against the real property of which the Premises form a part nor against the Tenant's leasehold interest in the Premises. Landlord shall have the right at all reasonable times to post and keep posted on the Premises any notices which it deems necessary for protection from such liens. If such liens are so filed, Landlord, at its election, may pay and satisfy same and, in such event the sums so paid by Landlord, and all actual or other expenses, including 10