WILLFUL MISCONDUCT OF SUCH INDEMNIFIED PARTY; PROVIDED,
HOWEVER, THAT THE TERM "GROSS NEGLIGENCE" SHALL NOT INCLUDE GROSS NEGLIGENCE
IMPUTED AS A MATTER OF LAW TO ANY OF THE INDEMNIFIED PARTIES SOLELY BY REASON OF
THE LESSOR'S INTEREST IN ANY OF THE PROPERTIES OR LESSOR'S FAILURE TO ACT IN
RESPECT OF MATTERS WHICH ARE OR WERE THE OBLIGATION OF LESSEE UNDER THIS LEASE)
CAUSED BY, INCURRED OR RESULTING FROM LESSEE'S OPERATIONS OF OR RELATING IN ANY
MANNER TO ANY OF THE PROPERTIES, WHETHER RELATING TO THEIR ORIGINAL DESIGN OR
CONSTRUCTION, LATENT DEFECTS, ALTERATION, MAINTENANCE, USE BY LESSEE OR ANY
PERSON THEREON, SUPERVISION OR OTHERWISE, OR FROM ANY BREACH OF, DEFAULT UNDER,
OR FAILURE TO PERFORM, ANY TERM OR PROVISION OF THIS LEASE BY LESSEE, ITS
OFFICERS, EMPLOYEES, AGENTS OR OTHER PERSONS, OR TO WHICH ANY INDEMNIFIED PARTY
IS SUBJECT BECAUSE OF LESSOR'S OR REMAINDERMAN'S INTEREST IN ANY OF THE
PROPERTIES, INCLUDING, WITHOUT LIMITATION, LOSSES ARISING FROM (1) ANY ACCIDENT,
INJURY TO OR DEATH OF ANY PERSON OR LOSS OF OR DAMAGE TO PROPERTY OCCURRING IN,
ON OR ABOUT ANY OF THE PROPERTIES OR PORTION THEREOF OR ON THE ADJOINING
SIDEWALKS, CURBS, PARKING AREAS, STREETS OR WAYS, (2) ANY USE, NON-USE OR
CONDITION IN, ON OR ABOUT, OR POSSESSION, ALTERATION, REPAIR, OPERATION,
MAINTENANCE OR MANAGEMENT OF, ANY OF THE PROPERTIES OR ANY PORTION THEREOF OR ON
THE ADJOINING SIDEWALKS, CURBS, PARKING AREAS, STREETS OR WAYS, (3) ANY
REPRESENTATION OR WARRANTY MADE HEREIN BY LESSEE, IN ANY CERTIFICATE DELIVERED
IN CONNECTION HEREWITH OR IN ANY OTHER AGREEMENT TO WHICH LESSEE IS A PARTY OR
PURSUANT THERETO BEING FALSE OR MISLEADING IN ANY MATERIAL RESPECT AS OF THE
DATE OF SUCH REPRESENTATION OR WARRANTY WAS MADE, (4) PERFORMANCE OF ANY LABOR
OR SERVICES OR THE FURNISHING OF ANY MATERIALS OR OTHER PROPERTY IN RESPECT TO
ANY OF THE PROPERTIES OR ANY PORTION THEREOF, (5) ANY TAXES, ASSESSMENTS OR
OTHER CHARGES WHICH LESSEE IS REQUIRED TO PAY UNDER SECTION 10, (6) ANY LIEN,
ENCUMBRANCE OR CLAIM ARISING ON OR AGAINST ANY OF THE PROPERTIES OR ANY PORTION
THEREOF UNDER ANY APPLICABLE REGULATION OR OTHERWISE WHICH LESSEE IS OBLIGATED
HEREUNDER TO REMOVE AND DISCHARGE, OR THE FAILURE TO COMPLY WITH ANY APPLICABLE
REGULATION, (7) THE CLAIMS OF ANY INVITEES, PATRONS, LICENSEES OR SUBTENANTS OF
ALL OR ANY PORTION OF ANY OF THE PROPERTIES OR ANY PERSON ACTING THROUGH OR
UNDER LESSEE OR OTHERWISE ACTING UNDER OR AS A CONSEQUENCE OF THIS LEASE OR ANY
SUBLEASE, (8) ANY ACT OR OMISSION OF LESSEE OR ITS AGENTS, CONTRACTORS,
LICENSEES, SUBTENANTS OR INVITEES, (9) ANY CONTEST REFERRED TO IN SECTION 10,
AND (10) THE SALE OF LIQUOR, BEER OR WINE ON ANY OF THE PROPERTIES. IT IS
EXPRESSLY UNDERSTOOD AND AGREED THAT LESSEE'S OBLIGATIONS UNDER THIS SECTION
SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE FOR ANY REASON
BUT ONLY WITH RESPECT TO MATTERS ARISING OR OCCURRING PRIOR TO OR DURING THE
LEASE TERM.
30.
HOLDING OVER. IF LESSEE REMAINS IN POSSESSION OF ANY
OF THE PROPERTIES