(AND LANDLORD EXPRESSLY SUBMITS TO SUCH
JOINING AND WAIVES ANY RIGHTS IT MIGHT HAVE TO DISPUTE SUCH JOINING).
MOREOVER,
IN THE EVENT THAT TENANT JOINS OR IS JOINED IN ANY ARBITRATION PRECEDING
DESCRIBED IN THIS SECTION 16.4, TENANT AGREES THAT TENANT SHALL:
(I) NOT
INITIATE (OR ATTEMPT TO INITIATE) A SEPARATE ARBITRATION OR OTHER ACTION,
WHETHER HEREUNDER OR OTHERWISE, IN RESPECT OF THE SAME DISPUTE; (II) MAKE ANY
DECISION OR PROPOSAL REQUIRED OF TENANT UNDER THIS ARTICLE XVI SOLELY IN CONCERT
WITH ANY OTHER TENANTS UNDER SEVERANCE SUBLEASES SO JOINED IF THE FAILURE TO SO
ACT IN CONCERT WOULD MATERIALLY AND ADVERSELY AFFECT THE PUBLIC PARTIES'
ADMINISTRATION OF THE SEVERANCE SUBLEASES, WOULD RESULT IN THE NEED FOR
DUPLICATIVE PROCEEDINGS TO RESOLVE THE SAME MATTER OR COULD RESULT IN
CONFLICTING DETERMINATIONS WITH RESPECT TO THE COMMON ELEMENTS; AND (III) COMPLY
WITH ANY DECISION RENDERED BY THE ARBITRATOR PURSUANT TO SUCH ARBITRATION,
REGARDLESS OF WHETHER TENANT FAILS TO PARTICIPATE IN THE ARBITRATION PROCEEDING.
127
ARTICLE XVII
INDEMNITY; LIMITATION ON LIABILITY
SECTION 17.1
INDEMNIFICATION BY TENANT.
TO THE
FULLEST EXTENT PERMITTED BY LAW, TENANT SHALL INDEMNIFY LANDLORD AND THE PUBLIC
PARTIES FOR, AND HOLD LANDLORD AND ALL OF THE PUBLIC PARTIES HARMLESS FROM AND
AGAINST, ANY AND ALL CLAIMS THAT MAY BE IMPOSED UPON OR INCURRED BY OR ASSERTED
AGAINST LANDLORD OR ANY OF THE PUBLIC PARTIES BY REASON OF ANY OF THE FOLLOWING,
(X) EXCEPT WITH RESPECT TO (I) ACTIONS TAKEN OR CLAIMED TO HAVE BEEN TAKEN BY,
OR ON BEHALF OF, LANDLORD WITH RESPECT TO ALL OR ANY PORTION OF THE PROPERTY
PRIOR TO THE DELIVERY DATE, (II) THE PHYSICAL CONDITION, PRIOR TO THE DELIVERY
DATE, OF ANY IMPROVEMENTS EXISTING ON THE LAND PRIOR TO THE DELIVERY DATE,
(III) ANY CLAIMS FOR COMPENSATION BY CONDEMNEES AS A RESULT OF THE CONDEMNATION
OR (IV) ANY CLAIMS BY THIRD PARTIES THAT RELATE TO THE PROPERTY AND WHICH AROSE
PRIOR TO THE DELIVERY DATE, OR (Y) UNLESS CAUSED BY THE GROSS NEGLIGENCE OR
INTENTIONALLY TORTIOUS ACTS OF LANDLORD, THE PUBLIC PARTIES OR THEIR RESPECTIVE
AGENTS OR EMPLOYEES, OR BY THE ACTIONS OF LANDLORD, THE PUBLIC PARTIES, OR THEIR
RESPECTIVE AGENTS OR EMPLOYEES IN ITS OR THEIR GOVERNMENTAL CAPACITY:
(A)
ANY ACCIDENT, INJURY TO OR DEATH OF PERSONS OR LOSS OF OR DAMAGE TO
PROPERTY OCCURRING ON OR ABOUT THE DEMISED PREMISES AND/OR THE COMMON ELEMENTS
OR AS A RESULT OF ANY ACT OR OMISSION OCCURRING ON OR WITH RESPECT TO THE
PROPERTY OR ANY OTHER MATTER OR THING ARISING OUT OF THE USE, REPAIR,
MAINTENANCE, OPERATION OR OCCUPATION OF THE DEMISED PREMISES AND/OR THE COMMON
ELEMENTS, OR THE USE, REPAIR, MAINTENANCE, OPERATION AND OCCUPATION BY TENANT OF
THE STREETS, SIDEWALKS OR SERVICE ROADS, AS APPLICABLE, ADJACENT THERETO;
(B)
PERFORMANCE OF ANY ALTERATIONS OR ACT DONE IN, ON OR ABOUT THE
DEMISED PREMISES AND/OR THE COMMON ELEMENTS OR ANY PART THEREOF;
(C)
ANY LIEN OR CLAIM THAT MAY BE ALLEGED TO HAVE ARISEN AGAINST OR ON
THE DEMISED PREMISES AND/OR THE COMMON ELEMENTS, OR