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PAGE 4 <br /> MAY HAVE AGAINST THE OTHER FOR LOSS OR DAMAGE COVERED BY SUCH <br /> INSURANCE POLICIES AND BOTH THE LESSOR AND TENANT COVENANT AND AGREE <br /> THAT EACH oF THEM wILL OBTAIN WAIVER FROM ITS <br /> INSURANCE RELEASING SUCHCARRIER'SSUBROGATION RIGHTS AASI S <br /> AGAINST THE ' <br /> OTHER PARTY. <br /> (10) INDEMNITY <br /> THE TENANT AGREES TO INDEMNIFY AND SAVE HARMLESS THE LESSOR AND <br /> THE AGENTS , SRVANTS AND EMPLOYEES OF THE LESSOR AGAINIST AND FROM <br /> ANY AND ALL CL.AI S 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 PRE+MISES OR ANY BREACH, <br /> VIOLATION OR NONLLPERFORMANCE. OF ANY COVENANT IN THIS LEASE UN THE PART <br /> OF THE TENANT TOIBE 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 AN ONE HOLDING OR CLAIMING TO HOLD THROUGH OR UNDER THE <br /> TENANT.. TENANT GREES 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 NUT BE <br /> LIABLE TO TENANT FOR ANY DAMAGE BY OR FROM ANY ACT OR NEGLIGENCE OF <br /> ANY COTENANT OR OTHER OCCUPANT OF THE BUILDING OR BY ANY OWNER OR <br /> OCCUPANT OF ADJOINING, CONTINUOUS. PROPERTY. <br /> (1.1) FIRE 0 OTHER CASUALTY <br /> IN THE EVENT THE BUILDING IN WHICH THE LEASED PREMISES ARE <br /> - LOCATED IS OESTR,YED BY FIRE, UNAVOIDABLE ACCIDENT OR CASUALTY, THIS <br /> LEASE SHALL. THEREUPON TERMINATE.. <br /> IN THE EV NT THE BUILDING IN WHICH THE LEASED PREMISES ARE <br /> LOCATED IS DAM GED 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 CA UALTY AND THE SAME CAN BE REPAIRED WITHIN NINETY (90) <br /> DAYS FROM THE D TE OF SUCH FIRE, UNAVOIDABLE ACCIDENT OR CASUALTY, THE <br /> �.) PARTIES HERETO GREE THAT SAID LEASED PREMISES SHALL BE REPAIRED AND <br /> RESTORED BY LE SOR TO THE APPROXIMATE CONDITION OF SAID LEASED <br /> PREMISES EXISTI G BEFORE SAID FIRE, UNAVOIDABLE ACCIDENT OR CASUALTY, <br /> } AND THIS LEASE SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDED, <br /> HOWEVER, THAT TFjE RENT DURING THE PERIOD OF REPAIR BE REDUCED TO AN <br /> - AMOUNT WHICH, I1 LESSOR'S OPINION, BEARS THE SAME RATIO TO THE RENT <br /> - PROVIDED FOR EREIN AS THE PORTION OF THE LEASED PREMISES THAN <br /> AVAILABLE FOR USE BEARS TO THE ENTIRE LEASED PREMISES. UPON <br /> COMPLETION OF SUCH REPAIRS THE RENT SHALL THEREAFTER BE PAID AS <br /> 1 <br />