OR CONCESSIONAIRES OR
INVITEES OR BY ANYONE PERMITTED TO BE ON PREMISES BY TENANT; HOWEVER IN NO EVENT
SHALL TENANT INDEMNIFY LANDLORD OR HOLD IT HARMLESS FROM ANY NEGLIGENCE OR
MISCONDUCT OF LANDLORD, ITS AGENTS, EMPLOYEES OR CONTRACTORS OR LANDLORD'S
INVITEES. IN CASE LANDLORD SHALL BE MADE A PARTY TO ANY LITIGATION COMMENCED BY
OR AGAINST TENANT (EXCEPT LITIGATION WHERE TENANT IS SEEKING RELIEF FROM OR A
REMEDY AGAINST LANDLORD, ITS AGENTS, EMPLOYEES, OR CONTRACTORS), THEN TENANT
SHALL PROTECT AND HOLD LANDLORD HARMLESS AND SHALL PAY ALL COSTS, EXPENSES AND
REASONABLE ATTORNEYS' FEES INCURRED OR PAID BY LANDLORD IN CONNECTION WITH SUCH
LITIGATION WHETHER OR NOT SUCH ACTION IS CONTESTED OR PROSECUTED TO JUDGMENT.
ALL PERSONAL PROPERTY ON PREMISES SHALL BE AT TENANT'S SOLE RISK, AND LANDLORD
SHALL NOT BE LIABLE FOR ANY DAMAGE DONE TO OR LOSS OF SUCH PERSONAL PROPERTY OR
FOR DAMAGE OR LOSS SUFFERED BY TENANT, UNLESS CAUSED SOLELY BY LANDLORD'S
NEGLIGENCE, SUBJECT TO THE PROVISIONS OF SECTIONS 10.3 AND 23.1.
14.2
LANDLORD'S INDEMNITY. SUBJECT TO THE PROVISIONS
OF SECTION 8.2, SECTION 10.3 AND SECTION 14.3 BELOW, LANDLORD SHALL INDEMNIFY
AND HOLD TENANT HARMLESS FROM AND AGAINST ANY AND ALL LOSS, CLAIMS, ACTIONS OR
DAMAGES, LIABILITY AND EXPENSES IN CONNECTION WITH LOSS OF LIFE AND PERSONAL
INJURY, AND DAMAGE TO PROPERTY ARISING FROM ANY OCCURRENCE OCCASIONED WHOLLY OR
IN PART BY ANY ACT OR OMISSION OF LANDLORD, ITS AGENTS, EMPLOYEES OR
CONTRACTORS, EXCEPT AS SET FORTH HEREIN; HOWEVER IN NO EVENT SHALL LANDLORD
INDEMNIFY TENANT OR HOLD IT HARMLESS FROM ANY NEGLIGENCE OF TENANT, ITS AGENTS,
EMPLOYEES OR CONTRACTORS. IF LANDLORD HAS ANY LIABILITY PURSUANT TO ARTICLE 23,
THEN THIS INDEMNITY SHALL APPLY TO ANY CLAIMS OR EXPENSES OF TENANT ARISING IN
CONJUNCTION WITH SUCH LIABILITY; HOWEVER THIS INDEMNITY SHALL NOT CHANGE OR
INCREASE LANDLORD'S LIABILITY UNDER ARTICLE 23.
14.3
COMPARATIVE NEGLIGENCE. SUBJECT TO THE PROVISIONS
OF SECTION 10.3 BUT NOTWITHSTANDING ANY INDEMNITY PROVISION OR OTHER PROVISIONS
CONTAINED IN THIS LEASE TO THE CONTRARY, IF BOTH LANDLORD'S AND TENANT'S
NEGLIGENCE (WHICH SHALL INCLUDE THE AGENTS, PARTNERS, CONTRACTORS, INVITEES AND
EMPLOYEES OF EITHER, AS APPLICABLE) CAUSED OR CONTRIBUTED TO ANY CLAIM FOR
DAMAGES FOR INJURY TO PERSON OR PROPERTY THEN NEITHER PARTY SHALL INDEMNIFY THE
OTHER FOR SUCH NEGLIGENCE AND EACH PARTY SHALL BE RESPONSIBLE FOR SUCH CLAIMS
PURSUANT TO THE PROVISIONS OF C.R.S. § 13-21-111 PERTAINING TO COMPARATIVE
NEGLIGENCE, AS AMENDED FROM TIME TO TIME.
20
ARTICLE 15
ALTERATIONS
15.1
ALTERATIONS BY TENANT.
TENANT SHALL NOT MAKE,
INSTALL OR ERECT IN OR TO THE PREMISES ANY INSTALLATIONS, ALTERATIONS, ADDITIONS
OR PARTITIONS WHICH REQUIRE A BUILDING OR SIMILAR PERMIT AND/OR AFFECT ANY
STRUCTURAL PORTION OF THE BUILDING INCLUDING THE ROOF OR AFFECT ANY OF THE
BUILDING SYSTEMS INCLUDING BUT NOT LIMITED TO HVAC, PLUMBING AND ELECTRICAL
SYSTEMS, WITHOUT SUBMITTING THE DRAWINGS AND SPECIFICATIONS TO LANDLORD AND
OBTAINING LANDLORD'S PRIOR WRITTEN CONSENT IN EACH INSTANCE, WHICH CONSENT MAY
NOT BE UNREASONABLY WITHHELD.
FURTHERMORE, TENANT SHALL OBTAIN LANDLORD'S PRIOR
WRITTEN CONSENT TO ANY CHANGE OR CHANGES IN SUCH