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~~ <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 ar de_ath 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 t'he 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 an the part of <br />Landlord. Ta this end, Tenant will provide.-far and insure, in <br />the public liability policies required i'n this Lease., not only <br />its own liability in respect of the matters there mentioned but <br />alsa.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 same 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, Moxtgaaina and Selling. <br />~a. This Lease :may be assigned in whole ar in part, <br />and the Premises may be subleased as a whale or in par by <br />Tenant without the necessity of obtaining the consent of <br />Landlord, subject, however, to each of the 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 ar 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 ar 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 thus Lease and any moneys receivable under this Lease <br />as security fo:r payment of the principal of and. interest on any <br />installment debt ar other debt of Landlord, subject, however, to <br />the rights of Tenant under this Lease. <br />13 <br />