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0 0 <br />BOOK 21 PAGE 771 <br />Such insurance may be provided by blanket insurance policy covering the <br />Premises, so long as the coverage on the Premises is at all times at least as <br />great as required by this subsection. <br />c) Should either Landlord or Tenant sustain a loss by reason of fire or other <br />casualty which is a type of risk covered by such party's fire and extended <br />coverage insurance policy, and if such fire or casualty is caused in whole or in <br />part by acts or omissions of the other party, its agents, servants or employees, <br />then the party sustaining such loss (a "Loss Party") agrees that to the extent the <br />Loss Party is compensated for such loss by its insurance proceeds, the Loss <br />Party shall have no right of recovery against the other party, or the agents, <br />servants or employees of the other party. No third party shall have any right of <br />recovery by way of subrogation or assignment or otherwise. <br />d) To the extent Landlord also maintains any insurance in any way connected with <br />the Premises, Landlord's insurance shall be excess coverage and Tenant's <br />insurance shall be primary coverage. <br />12. INDEMNIFICATION OF LANDLORD. <br />a) Tenant as a material part of the consideration to be rendered to Landlord under <br />this Lease, hereby waives all claims against Landlord for damages to goods, <br />wares and inventory in and about said Premises and for injuries to persons in or <br />about said Premises from any cause beyond Landlord's control. Tenant shall <br />save Landlord harmless from and on account of any and all damage or injury to <br />any person or to the goods, wares or merchandise of any person arising from the <br />failure of the Tenant to keep the Premises in good condition as herein provided. <br />Tenant shall indemnify, protect, defend and hold Landlord harmless from and <br />against any and all claims, liabilities, losses, damages and suits arising from <br />Tenant's use, occupancy or enjoyment of the Premises and its facilities or the <br />conduct of Tenant's business or from any activity, work or things done, permitted <br />or suffered by Tenant or its agents and employees in or about the Premises, and <br />Tenant further agrees to indemnify, protect, defend and hold Landlord harmless <br />from and against any and all claims arising from any breach or default in the <br />performance of any obligation on Tenant's part to be performed under the terms <br />of this Lease or arising from any negligence of Tenant or any of its agents, <br />contractors, employees, invitees, or licensees and from and against all costs, <br />attorneys' fees, expenses and liabilities of any kind incurred in or about any such <br />claim or any action or proceeding brought thereon; and in case any action or <br />proceeding be brought against Landlord by reason of any such claim, Tenant, <br />upon notice from Landlord, shall defend the same at Tenant's sole cost and <br />expense by counsel reasonably satisfactory to Landlord. Landlord shall not be <br />liable to Tenant for any damage resulting from the negligence of any owner or <br />occupant of adjoining or contiguous property. Tenant agrees to pay for all <br />damages to the building as well as all damages to the tenants or occupants <br />thereof caused by the Tenant's negligence, or misuse, or neglect of said <br />Premises, its apparatus or appurtenances. <br />b) In case Landlord shall, without fault on its part, be made a party to any litigation <br />commenced by or against Tenant, Tenant shall pay all costs and reasonable <br />attorneys' fees incurred by such litigation and Tenant shall also pay all costs and <br />9 <br />