TO LESSOR.
THE INSURANCE SHALL BE WITH INSURERS
APPROVED BY LESSOR, PROVIDED, HOWEVER, THAT SUCH APPROVAL SHALL NOT BE
UNREASONABLY WITHHELD SO LONG AS LESSEE'S INSURANCE CARRIER HAS A BEST'S
INSURANCE GUIDE RATING NOT LESS THAN A+ VIII.
SECTION 7.06.
MUTUAL WAIVER OF CLAIMS AND SUBROGATION RIGHTS.
LESSOR
AND LESSEE HEREBY RELEASE AND RELIEVE THE OTHER, AND WAIVE THEIR ENTIRE CLAIM OF
RECOVERY FOR LOSS OR DAMAGE COVERED BY THE INSURANCE POLICIES REQUIRED TO BE
CARRIED BY LESSOR AND LESSEE PURSUANT TO THIS ARTICLE VII WHEN SUCH PROPERTY
CONSTITUTES THE PREMISES, OR IS IN, ON OR ABOUT THE PREMISES, WHETHER OR NOT
SUCH LOSS OR DAMAGE IS DUE TO THE NEGLIGENCE OF LESSOR OR LESSEE, OR THEIR
RESPECTIVE AGENTS, EMPLOYEES, GUESTS, LICENSEES, INVITEES, OR CONTRACTORS.
LESSEE AND LESSOR WAIVE ALL RIGHTS OF SUBROGATION AGAINST EACH OTHER ON BEHALF
OF, AND SHALL OBTAIN A WAIVER OF ALL SUBROGATION RIGHTS FROM, ALL PROPERTY AND
CASUALTY INSURERS REFERENCED IN THIS ARTICLE VII.
SECTION 7.07.
INDEMNIFICATION AND EXCULPATION.
(A)
EXCEPT AS OTHERWISE PROVIDED IN SECTION 7.07.(B), LESSEE SHALL
INDEMNIFY AND HOLD LESSOR FREE AND HARMLESS FROM ANY AND ALL LIABILITY, CLAIMS,
LOSS, DAMAGES, CAUSES OF ACTION (WHETHER IN TORT OR CONTRACT, LAW OR EQUITY, OR
OTHERWISE), EXPENSES, CHARGES, ASSESSMENTS, FINES, AND PENALTIES OF ANY KIND,
INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY FEES, EXPERT WITNESS
20
fees and costs, arising by reason of the death or injury of any person,
including any person who is an employee, agent, invitee, licensee, permittee,
visitor, guest or contractor of Lessee, or by reason of damage to or destruction
of any property, including property owned by Lessee or any person who is an
employee, agent, invitee, permitee, visitor, or contractor of Lessee, caused or
allegedly caused (1) while that person or property is in or about the Premises;
(2) by some condition of the Premises; (3) by some act or omission by Lessee or
its agent, employee, licensee, invitee, guest, visitor or contractor or any
person in, adjacent, on, or about the Premises with the permission, consent or
sufferance of Lessee; (4) by any matter connected to or arising out of Lessee's
occupation and use of the Premises, or any breach or default in timely
observance or performance of any obligation on Lessee's part to be observed or
performed under this Lease.
(B)
NOTWITHSTANDING THE PROVISIONS OF SECTION 7.07.(A) OF THIS LEASE,
LESSEE'S DUTY TO INDEMNIFY AND HOLD LESSOR HARMLESS SHALL NOT APPLY TO ANY
LIABILITY, CLAIMS, LOSS OR DAMAGES ARISING BECAUSE OF LESSOR'S ACTIVE NEGLIGENCE
OR WILLFUL ACTS OF MISCONDUCT.
(C)
LESSEE HEREBY WAIVES ALL CLAIMS AGAINST LESSOR FOR DAMAGES TO
GOODS, WARES AND MERCHANDISE AND ALL OTHER PERSONAL PROPERTY IN, ON OR ABOUT THE
PREMISES AND FOR INJURY OR DEATH TO PERSONS IN, ON OR ABOUT THE PREMISES FROM
ANY CAUSE ARISING AT ANY TIME TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO
EVENT SHALL LESSOR BE LIABLE (I) FOR LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES
ARISING FROM ANY CAUSE OR (II) FOR ANY DAMAGE WHICH