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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 Mortgaaing 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 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 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 unc.er 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 />