THE LAWFUL AND PROPER USE, OCCUPATION, OPERATION AND
MANAGEMENT OF THE DEMISED PREMISES AND IMPROVEMENTS. LESSEE EXPRESSLY AGREES
THAT LESSOR IS NOT, NOR SHALL IT BE, REQUIRED TO FURNISH TO LESSEE OR ANY OTHER
OCCUPANT OF THE DEMISED PREMISES OR IMPROVEMENTS, DURING THE DEMISED TERM, ANY
WATER, SEWER, GAS, HEAT ELECTRICITY, LIGHT, POWER OR ANY OTHER FACILITIES,
EQUIPMENT, LABOR, MATERIALS OR SERVICES OF ANY KIND WHATSOEVER, AND LESSOR HAS
MADE NO REPRESENTATION AS TO THE AVAILABILITY OF ANY OF THE FOREGOING AT THE
DEMISED PREMISES.
ARTICLE SIX
INDEMNIFICATION AND NON-LIABILITY OF LESSOR
SECTION 6.01.
LESSEE COVENANTS AND AGREES, AT ITS SOLE COST AND
EXPENSE, TO INDEMNIFY AND SAVE HARMLESS LESSOR AGAINST AND FROM ANY AND ALL
CLAIMS AND ACTIONS BY OR ON BEHALF OF ANY PERSON, FIRM, CORPORATION OR
GOVERNMENTAL AUTHORITY, AS WELL AS LOSSES, DAMAGES, LIABILITIES, COSTS AND
EXPENSES INCURRED BY LESSOR ARISING FROM THE OCCUPATION, USE, POSSESSION,
CONDUCT OR MANAGEMENT OF OR FROM ANY WORK OR THING WHATSOEVER DONE IN OR ABOUT
THE DEMISED PREMISES OR IMPROVEMENTS DURING THE DEMISED TERM, OR THE SUBLETTING
OF ANY PART THEREOF, AND FURTHER TO INDEMNIFY AND SAVE LESSOR HARMLESS AGAINST
AND FROM ANY AND ALL CLAIMS AND ACTIONS, AS WELL AS LOSSES, DAMAGES,
LIABILITIES, COSTS AND EXPENSES INCURRED BY LESSOR, ARISING FROM ANY CONDITION
OF ANY IMPROVEMENT, OR OF ANY VAULTS, PASSAGEWAYS, OR SPACES THEREIN OR
APPURTENANT THERETO, OR ARISING FROM ANY BREACH OR DEFAULT ON THE PART OF LESSEE
IN THE PERFORMANCE OF ANY COVENANT OR AGREEMENT ON THE PART OF LESSEE TO BE
PERFORMED, PURSUANT TO THE TERMS OF THIS LEASE, OR ARISING FROM ANY ACT OR
NEGLIGENCE OF LESSEE OR LESSOR, OR ANY OF THEIR RESPECTIVE AGENTS, CONTRACTORS,
SERVANTS, EMPLOYEES OR LICENSEES, OR ARISING FROM ANY ACCIDENT, INJURY OR DAMAGE
WHATSOEVER CAUSED TO ANY PERSON, FIRM OR CORPORATION, INCLUDING ANY SUBTENANT OF
THE LESSEE, OCCURRING DURING THE DEMISED TERM, IN OR ABOUT THE DEMISED PREMISES
OR IMPROVEMENTS OR UPON OR UNDER THE SIDEWALKS AND THE LAND ADJACENT THERETO,
AND FROM AND AGAINST ALL COSTS, REASONABLE COUNSEL AND EXPERT WITNESS FEES,
EXPENSE AND LIABILITIES INCURRED IN OR ABOUT ANY SUCH CLAIM, ACTION OR
PROCEEDING BROUGHT THEREON EXCEPT THAT LESSEE SHALL BE RELIEVED OF ITS
OBLIGATION OF INDEMNITY HEREIN TO THE EXTENT OF AMOUNTS ACTUALLY RECOVERED BY
LESSOR FROM ONE OR MORE INSURANCE COMPANIES BY REASON OF THE INJURY OR DAMAGE OR
LOSS SUSTAINED ON THE DEMISED PREMISES OR IMPROVEMENTS.
IN CASE ANY ACTION OR
PROCEEDING BE BROUGHT AGAINST LESSOR BY REASON OF ANY
7
SUCH CLAIM, LESSEE UPON NOTICE FROM LESSOR COVENANTS TO RESIST OR DEFEND SUCH
ACTION OR PROCEEDING BY COUNSEL SATISFACTORY TO LESSOR, UNLESS SUCH ACTION OR
PROCEEDING IS RESISTED OR DEFENDED BY COUNSEL FOR ANY CARRIER OF PUBLIC
LIABILITY INSURANCE REFERRED TO IN SECTION 10.04 HEREOF AS AUTHORIZED BY THE
PROVISIONS OF ANY POLICY OF PUBLIC LIABILITY INSURANCE MAINTAINED PURSUANT TO
SAID SECTION 10.04. IN THE CONSTRUCTION OF THE FOREGOING INDEMNITY, THE TERM
DEMISED PREMISES SHALL MEAN THE DEMISED PREMISES INCLUDING ALL RIGHTS AND
EASEMENTS