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ur w. 141 PAGE 4 <br /> INSURANCE POLICIES AND BOTH THE LESSOR AND TENANT COVENANT AND AGREE <br /> THAT EACH OF THEM WILL OBTAIN A WAIVER FROM ITS CARRIER OF SUCH <br /> INSURANCE RELEASING SUCH CARRIER'S SUBROGATION RIGHTS AS AGAINST THE <br /> OTHER PARTY. <br /> (10) INDEMNITY <br /> THE TENANT AGREES TO INDEMNIFY AND SAVE HARMLESS THE LESSOR AND <br /> THE AGENTS. , SERVANTS AND EMPLOYEES OF THE LESSOR AGAINIST AND FROM <br /> ANY AND ALL CLAIMS BY OR ON BEHALF OF ANY PERSON, FIRM, OR CORPORATION <br /> ARISING BY REASON OF INJURY TO PERSON OR DAMAGE TO PROPERTY OCCURRING <br /> IN THE LEASED PREMISES OCCASIONED IN WHOLE OR IN PART BY ANY ACT ON <br /> THE PART OF THE TENANT OR AN EMPLOYEE WHILE ACTING WITHIN THE SCOPE OF <br /> EMPLOYMENT, AGENT, VISITOR, ASSIGN OR UNDERTENANT OF THE TENANT OR BY <br /> REASON OF ANY UNLAWFUL USE OF THE LEASED PREMISES OR ANY BREACH, <br /> VIOLATION OR NON-PERFORMANCE OF ANY COVENANT IN THIS LEASE ON THE PART <br /> OF THE TENANT TO BE OBSERVED OR PERFORMED, AND ALSO FOR ANY MATTER OR <br /> THING GROWING OUT OF THE OCCUPANCY OR USE OF THE LEASED PREMISES BY <br /> THE TENANT OR ANYONE HOLDING OR CLAIMING TO HOLD THROUGH OR UNDER THE <br /> TENANT. TENANT AGREES TO PAY FOR ALL DAMAGES TO THE BUILDING AS WELL <br /> AS ALL OCCUPANTS THEREOF, CAUSED BY TENANT'S MISUSE OR NEGLECT OF SAID <br /> LEASED PREMISES, ITS APPARTUS OR APPURTENANCES. LESSOR SHALL NOT BE <br /> LIABLE TO TENANT FOR ANY DAMAGE BY OR FROM ANY ACT OR NEGLIGENCE OF <br /> ANY CO-TENANT OR OTHER OCCUPANT OF THE BUILDING OR BY ANY OWNER OR <br /> OCCUPANT OF ADJOINING CONTINUOUS PROPERTY. <br /> (11) FIRE OR OTHER CASUALTY <br /> IN THE EVENT THE BUILDING IN WHICH THE LEASED PREMISES ARE <br /> LOCATED IS DESTROYED BY FIRE, UNAVOIDABLE ACCIDENT OR CASUALTY., THIS <br /> LEASE SHALL THEREUPON TERMINATE. <br /> IN THE EVENT THE BUILDING IN WHICH THE LEASED PREMISES ARE <br /> LOCATED IS DAMAGED BY FIRE, UNAVOIDABLE ACCIDENT OR CASUALTY TO SUCH <br /> AN EXTENT THAT IN LESSOR'S OPINION, THE PORTION OF SAID BUILDING IN <br /> WHICH THE LEASED PREMISES ARE SPECIFICALLY LOCATED CANNOT BE REPAIRED <br /> WITHIN NINETY (90) DAYS TO ITS APPROXIMATE CONDITION EXISTING <br /> IMMEDIATELY PRECEDING SUCH FIRE, UNAVOIDABLE ACCIDENT OR CASUALTY, <br /> THIS LEASE SHALL THEREUPON TERMINATE. <br /> IN THE EVENT THE PORTION OF THE BUILDING IN WHICH THE LEASED <br /> PREMISES ARE SPECIFICALLY LOCATED DAMAGED BY FIRE, UNAVOIDABLE <br /> ACCIDENT, OR CASUALTY AND THE SAME CAN BE REPAIRED WITHIN NINETY (90) <br /> DAYS FROM THE DATE OF SUCH FIRE, UNAVOIDABLE ACCIDENT OR CASUALTY, THE <br /> PARTIES HERETO AGREE THAT SAID <br /> LEASED PREMISES SHALL BE REPAIRED AND RESTORED BY LESSOR TO THE <br /> APPROXIMATE CONDITION OF SAID LEASED PREMISES EXISTING BEFORE SAID <br /> FIRE, UNAVOIDABLE ACCIDENT OR CASUALTY, AND THIS LEASE SHALL, REMAIN IN <br /> FULL FORCE AND EFFECT; PROVIDED, HOWEVER, THAT THE RENT DURING THE <br /> PERIOD OF REPAIR BE REDUCED TO AN AMOUNT WHICH, IN LESSOR'S OPINION, <br /> BEARS THE SAME RATIO TO THE RENT PROVIDED FOR HEREIN AS THE PORTION OF <br /> THE LEASED PREMISES THAN AVAILABLE FOR USE BEARS TO THE ENTIRE LEASED <br /> PREMISES. UPON COMPLETION OF SUCH REPAIRS THE RENT SHALL THEREAFTER <br /> 10: 21: 31 10 OCT 1983 <br />