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11 <br /> 5.4 Waiver of Subrogation. Landlord and Tenant hereby release each other from <br /> any loss or damage to property caused by fire or any other perils insured through or <br /> under either by way of subrogation or otherwise for any loss or damage to property <br /> caused by fire or any other perils insured in policies of insurance covering such <br /> property, even if such loss or damage has been caused by the fault or negligence of the <br /> other party, or anyone for whom such party may be responsible; provided, however, <br /> that this release shall be applicable and in force and effect only with respect to the <br /> loss or damage occurring during such times as the releasor's policies shall contain a <br /> clause or endorsement to the effect that any such release shall not adversely affect or <br /> impair said policies or prejudice the right of the releasor to recover thereunder and <br /> then only to the extent of the insurance proceeds payable under such policies. <br /> 5.5 Compliance with Interlocal Agreement. The respective obligation of the <br /> parties regarding construction and renovation projects on any part of the Leased <br /> Premises and the mechanism for recovering sales tax payments for those projects are <br /> governed by the Interlocal Agreement, and any amendments thereto. <br /> 5.6 Indemnity. To the extent allowed by law, Landlord shall indemnify, <br /> defend and hold harmless Tenant from and against all claims, suits, actions and <br /> proceedings whatsoever which may be brought or instituted on account of, growing <br /> out of, occurring from, incident to or resulting from, directly or indirectly any and all <br /> damages, claims or losses arising from any injuries or damages (including without <br /> limitation, death) to persons or property arising out of the construction, use, and/or <br /> management of the Leased Premises (including, without limitation, reasonable legal <br /> fees and costs). Landlord assumes, on behalf of Tenant, and will conduct with due <br /> diligence and in good faith, the defense of all such claims, suits, actions and <br /> proceedings against Tenant whether or not Landlord is joined therein, even if such <br /> claims, suits, actions or proceedings are groundless, false or fraudulent, and Landlord <br /> shall bear the costs of all judgments and settlements in connection therewith; <br /> provided, however, Tenant may defend or participate in the defense of any or all of <br /> such claims, suits, actions or proceedings at its own expense. <br /> 5.7 Recording. Landlord and Tenant agree that this Master Lease, each <br /> Property Addition Form and each Property Removal Form will be recorded in the <br /> Orange County Registry. <br /> 8 <br />