having interest in the possession, use, occupancy or utilization of the
Premises shall enter into any lease, sublease, license, concession or other
agreement for use, occupancy or utilization of space in the Premises which
provides for rental or other payment for such use, occupancy or utilization
based, in whole or primarily on the net income or profits derived by any person
from the Premises leased, used, occupied or utilized (other than an amount based
on a fixed percentage or percentages of receipts or sales), and any such
purported lease, sublease, license, concession or other agreement shall be
absolutely void and ineffective as a conveyance of any right or interest in the
possession use, occupancy or utilization of any part of the Premises;
6.1.7
INDEMNITY - EXCEPT AS PROVIDED IN SECTION 5.17 AND SECTION 10.12,
WITHOUT REGARD TO THE INSURANCE CARRIED BY TENANT, TENANT COVENANTS AND AGREES
TO DEFEND, WITH
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COUNSEL REASONABLY ACCEPTABLE TO LANDLORD, SAVE HARMLESS, AND INDEMNIFY LANDLORD
FROM ANY LIABILITY FOR INJURY, LOSS, ACCIDENT OR DAMAGE TO ANY PERSON OR
PROPERTY OCCURRING ON THE PREMISES, IN THE BUILDING, ON THE LOT, OR ELSEWHERE IN
THE PARK, AND FROM ANY CLAIMS, ACTIONS, PROCEEDINGS AND EXPENSES AND COSTS IN
CONNECTION THEREWITH OR ELSEWHERE IN THE PARK (INCLUDING, WITHOUT IMPLIED
LIMITATION, REASONABLE COUNSEL FEES): (I) TO THE EXTENT ARISING FROM THE
NEGLIGENT ACTS, OMISSIONS AND/OR WILLFUL ACTS OF TENANT OR ANY OF TENANT'S
EMPLOYEES, AGENTS, CONTRACTORS, SUBTENANTS, ASSIGNEES, LICENSEES OR INVITEES AND
NOT CAUSED EXCLUSIVELY BY THE NEGLIGENT ACTS, OMISSIONS AND/OR WILLFUL ACTS OF
LANDLORD, OR (II) RESULTING FROM THE FAILURE OF TENANT TO PERFORM AND DISCHARGE
ITS COVENANTS AND OBLIGATIONS UNDER THIS LEASE.
IN NO EVENT SHALL TENANT BE
OBLIGATED TO INDEMNIFY LANDLORD FOR ANY WILLFUL OR NEGLIGENT ACT OR OMISSION OF
LANDLORD OR ANY OF LANDLORD'S EMPLOYEES, AGENTS, CONTRACTORS OR LICENSEES, WHICH
ARISE FROM AND AFTER THE DATE OF THIS LEASE.
THE COVENANTS AND INDEMNIFICATIONS
SET FORTH IN THIS SECTION 6.1.7 SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS LEASE;
6.1.8
TENANT'S LIABILITY INSURANCE - TO MAINTAIN, THROUGHOUT THE TERM,
PUBLIC LIABILITY INSURANCE IN THE PREMISES IN AMOUNTS WHICH SHALL, AT THE
BEGINNING OF THE TERM, BE AT LEAST EQUAL TO THE LIMITS SET FORTH IN SECTION 1.1
AND FROM TIME TO TIME DURING THE TERM, SHALL BE FOR SUCH HIGHER LIMITS, IF ANY,
AS ARE CUSTOMARILY CARRIED IN THE AREA IN WHICH THE PREMISES ARE LOCATED ON
PROPERTY SIMILAR TO THE PREMISES AND USED FOR SIMILAR PURPOSES AND, UPON WRITTEN
REQUEST THEREFOR, TO FURNISH LANDLORD (AND/OR ITS MORTGAGEES) WITH CERTIFICATES
THEREOF, PRIOR TO OCCUPANCY HEREUNDER, EVIDENCING SUCH COVERAGE AND PROVIDING
THAT THE INSURANCE INDICATED THEREIN SHALL NOT BE CANCELLED WITHOUT AT LEAST
THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO LANDLORD.
(TENANT'S INSURER SHALL
ENDEAVOR TO GIVE SAID THIRTY (30) DAYS NOTICE.) LANDLORD AND ITS MORTGAGEE SHALL
BE NAMED AS ADDITIONAL INSUREDS ON SUCH POLICY;
6.1.9
TENANT'S WORKMEN'S COMPENSATION INSURANCE - TO KEEP ALL TENANT'S
EMPLOYEES WORKING IN THE PREMISES COVERED BY WORKMEN'S COMPENSATION INSURANCE IN