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<br /> (3) Notwithstanding any other provision herein, if any portion of the Building other than the Rented
<br /> Space is destroyed by fire or other destructive force and Landlord, in its sole discretion, elects to cease
<br /> operation of the Europa Center as a result of such damage,then Landlord shall have the option to terminate
<br /> this Lease upon written notice to Tenant within thirty(30)days of the date of such damage.
<br /> 18, TENANT'S INDEMNITY OF LANDLORD AND TENANT'S INSURANCE.
<br /> (a) Tenant's Indemnity of Landlord. Tenant shall indemnify and save the Landlord, Avison Young-
<br /> NC, LLC, and their respective agents and employees harmless against any and all claims, demands, costs,
<br /> and expenses, including reasonable attorney's fees for the defense thereof,arising directly or indirectly out of
<br /> or in connection with Tenant's occupancy at the Europa Center or from any breach or default on the part of
<br /> Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to
<br /> the terms of this Lease, or from any act or negligence of Tenant, its agents,servants,employees or invitees,
<br /> in or about the Europa Center. Furthermore, Tenant covenants to arrange defense of Landlord, Avison
<br /> Young - NC, LLC, and their respective agents and employees from any such claim, demand or action by
<br /> counsel reasonably acceptable
<br /> acceptable to Landlord.
<br /> (b) TenanenameFGiCa' Gepe--,_' I ' iab PP IncUFa RGe Tenant shall at II times duFinq the To m at i
<br /> against less, damage or -.ability f9F iRjury te er death of pefse% and 1966 OF daMage W PFG e4y eeeuFring
<br /> reaseRably required 40m time tG time by Landlerd. G verage shall initially be iR the siRgle limit amount of ene
<br /> (G) T@RaRt'S PMP64V IRSU-R�. Tenant Shall obtain qRd Maintain preper4y iRSUFaRG8 HPOR
<br /> may fFen;time to time be lGGatedin, on ar ar-Gund the EuFepa Gente�. SuGh insuraRGe shall be maintained in
<br /> Tenwit shall leek solely te its ;RsuFaRr-e PeliGy fGF FeGGVeFy Of aRy i'966 f49F any SUGh pFepeFty,and in ne even
<br /> aiRst the Land!
<br /> (d)
<br /> r
<br /> ffiz.. -eduGtion of the
<br /> 19. TENANT'S WAIVER OF CLAIMS; MUTUAL RELEASES.
<br /> (a) Tenant's Waiver of Claims. To the extent permitted by law,the Tenant releases the Landlord and
<br /> Avison Young -NC, LLC, and their respective agents and servants from, and waives all claims for damage or
<br /> injury to person or property or disruption to business sustained by the Tenant or any occupant of the Europa
<br /> Center, the Building or the Rented Space, or any part or any of them, resulting from any accident, mishap or
<br /> other occurrence in or about the Europa Center,whatever the cause. This shall include but not be limited to,
<br /> the flooding of basements or other subsurface areas, and damage caused by refrigerators, sprinkling
<br /> devices, air conditioning and/or electrical equipment,water, snow,frost, steam, excessive heat or cold,falling
<br /> plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures,
<br /> and shall apply equally whether any such damage results from the act or neglect of the Landlord, Avison
<br /> Young - NC, LLC, other tenants, occupants or servants in the Building or any other person, and whether
<br /> such damage be caused or result from any thing or circumstance above mentioned or referred to, or any
<br /> other thing or circumstance whether of a like nature or of a wholly different nature.
<br /> (b) Landlord's Release. Notwithstanding anything to the contrary contained in this Lease, Landlord
<br /> hereby releases Tenant from any and all liability for loss or damage caused by fire or any of the extended
<br /> Page 11 -THE EUROPA CENTER Lease
<br /> Landlord Tenant
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