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~. <br />9. Release and Indemnification Covenants.. Tenant re eases <br />Landlord Pram and covenants anc3. 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 an ar.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 o€ any loss that may be sustained by Landlord iri <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 far 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 respecC of the matters there mentioned but <br />also the liabi]..ity herein assumed.. <br />Whenever under .the provisions of this Lease the approval o~ <br />Tenant is required ar Landlord 'is r'equ.red to take some action at <br />the request of Tenant such approval. o:r such request shall be made <br />by the Authorized Tenant Representative whose name is Kevin P. <br />Bruce, President, unless otherwise specified in Chia 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. Asscrnment, Subleasing. Niortaaaina and Sellincx. <br />•a. This Lease may be assigned in wYiole 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 the following conditions: <br />{) no assignment shall relieve Tenant .from primary lab°lity for <br />any of its obligations hereunder., and in the event of any such <br />assignment Tenant.. shall continue to remain primarily liable far <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 furn-shed 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 a ign 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 />i~ <br />13 <br />