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15 <br />9. Release and Indemnification Covenants. Tenant releases <br />Landlord from and covenants and agrees that Landlord shall not be <br />liable for, and to indemnify and hold Landlord harmless against, <br />any loss or damage to property or any injury to or death of any <br />person occurring on or about or resulting from any defect in the <br />Premises or improvements located on the Premises, provided, that <br />the indemnity provided in this sentence shall be effective only <br />to the extent of any loss that may be sustained by Landlord in <br />excess of the Net Proceeds received from any insurance required <br />in this Lease with respect to the loss sustained, and provided <br />further, that the indemnity shall not be effective for damages <br />that result from negligence or intentional acts on the part of <br />Landlord. To this end, Tenant will provide for and insure, in <br />the public liability policies required in this Lease, not only <br />its own liability in respect of the matters there mentioned but <br />also the liability herein assumed. <br />Whenever under the provisions of this Lease the approval of <br />Tenant is required or Landlord is required to take some action at <br />the request of Tenant such approval or such request shall be made <br />by the Authorized Tenant Representative whose name is-Kevin P. <br />Bruce, President, unless otherwise specified in this Lease and <br />Landlord shall be authorized to act on any such approval or <br />request and Tenant shall have no complaint against Landlord as a- <br />result of any such action taken. <br />10. Assignment Subleasing. Mortgaging and Selling. <br />a. This Lease may be assigned in whole or in part, <br />and the Premises may be subleased as a whole or in part, by <br />Tenant without the necessity of obtaining the consent of <br />Landlord, subject, however, to each of tfie following conditions_ <br />(i) no assignment shall relieve Tenant from primary liability for <br />any of its obligations hereunder, and in the event of any such <br />assignment Tenant shall continue to remain primarily liable for <br />payment of the rents specified herein and for performance and <br />observance of the other covenants, warranties, representations <br />and agreements on its part herein provided to be performed and <br />observed by it to the same extent as though no assignment had <br />been made? (ii) the assignee or subtenant shall assume the <br />obligations of Tenant hereunder to the extent of the interest <br />assigned or subleased; (iii) Tenant shall, within. thirty days <br />after the delivery thereof, furnish or cause to be furnished to <br />Landlord a true and complete copy of each such assignment, <br />assumption of obligations and sublease, as the case may be. <br />b. Landlord may mortgage the Premises and may assign its <br />interest in this Lease and any moneys receivable under this Lease <br />as security for payment of the principal of and interest on any <br />installment debt or other debt of Landlord, subject, however, to <br />the rights of Tenant under this Lease. <br />13 <br />