REFERRED TO IN
THE FOREGOING SUBDIVISIONS (1) THROUGH (5) SHALL IMPOSE ANY LIABILITY ON
LANDLORD TO TENANT, OTHER THAN, SUBJECT TO SECTION 24.10 HEREOF, SUCH LIABILITY
27
AS MAY BE IMPOSED UPON LANDLORD BY LAW FOR LANDLORD'S NEGLIGENCE OR THE
NEGLIGENCE OF LANDLORD'S AGENTS OR EMPLOYEES IN THE OPERATION OR MAINTENANCE OF
THE BUILDING, THE BUILDING EQUIPMENT AND SYSTEMS OR THE COMMON AREAS OR FOR THE
BREACH BY LANDLORD OF ANY EXPRESS COVENANT OF THIS LEASE ON LANDLORD'S PART TO
BE PERFORMED.
NO REPRESENTATION, GUARANTY OR WARRANTY IS MADE OR ASSURANCE
GIVEN THAT THE COMMUNICATIONS OR SECURITY SYSTEMS, DEVICES OR PROCEDURES OF THE
BUILDING, INCLUDING THE PROXIMITY CARD READ ACCESS SYSTEM WITH REMOTE MONITORING
CAMERAS, WILL BE EFFECTIVE TO PREVENT INJURY TO TENANT OR ANY OTHER PERSON OR
DAMAGE TO, OR LOSS (BY THEFT OR OTHERWISE) OF, ANY OF TENANT'S PROPERTY OR OF
THE PROPERTY OF ANY OTHER PERSON.
FURTHERMORE, LANDLORD AGREES THAT IT SHALL
NOT REDUCE THE SECURITY SERVICE PROVIDED AT THE DATE OF EXECUTION OF THE LEASE
WITHOUT THE PRIOR WRITTEN CONSENT OF AND APPROVAL BY TENANT.
TENANT AGREES TO
REVIEW AND APPROVE OR DISAPPROVE ANY SUCH REQUEST FOR A REDUCTION IN SECURITY
SERVICE, IN GOOD FAITH, WITHIN TEN DAYS AFTER TENANT'S RECEIPT OF WRITTEN
REQUEST FOR APPROVAL FROM LANDLORD.
IF TENANT SHALL FAIL TO RESPOND TO SUCH
REQUEST WITHIN TEN DAYS AFTER RECEIPT OF SUCH REQUEST, TENANT SHALL BE DEEMED TO
HAVE APPROVED SUCH CHANGE.
(C)
TENANT HEREBY INDEMNIFIES AND HOLDS
HARMLESS LANDLORD PROTECTED PARTIES FROM ANY LOSS, COST, LIABILITY, CLAIM,
DAMAGE, EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS),
PENALTY OR FINE INCURRED IN CONNECTION WITH OR ARISING FROM (1) ANY DEFAULT BY
TENANT IN THE PERFORMANCE OF ANY OF THE TERMS OF THIS LEASE ON TENANT'S PART TO
BE PERFORMED, OR (2) THE USE OR OCCUPANCY OR MANNER OF USE OR OCCUPANCY OF THE
DEMISED PREMISES BY TENANT OR (3) ANY ACTS OR OMISSIONS RESULTING FROM OR
ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF TENANT, OR THE
CONTRACTORS, AGENTS, EMPLOYEES, INVITEES, LICENSEES, ASSIGNEES OR SUBLESSEES OF
TENANT, OR (4) ANY ACCIDENT, INJURY OR DAMAGE WHATSOEVER CAUSED TO ANY PERSON OR
TO THE PROPERTY OF ANY PERSON AND OCCURRING IN OR ABOUT THE DEMISED PREMISES.
TENANT'S OBLIGATIONS UNDER THIS SECTION 11.2 SHALL SURVIVE THE EXPIRATION OR
EARLIER TERMINATION OF THIS LEASE.
(D)
AFTER TENANT'S REVIEW AND APPROVAL FOR
ACCURACY, TENANT SHALL PAY TO LANDLORD AS ADDITIONAL RENT, WITHIN THIRTY (30)
DAYS AFTER RECEIPT BY TENANT OF BILLS OR STATEMENTS THEREFOR, SUMS EQUAL TO ALL
LOSSES, COSTS, LIABILITIES, CLAIMS, DAMAGES, FINES, PENALTIES AND EXPENSES
REFERRED TO IN THIS SECTION 11.2.
TENANT SHALL BE DEEMED TO HAVE APPROVED SUCH
ADDITIONAL RENT CHARGE IF TENANT DOES NOT NOTIFY LANDLORD OF ANY OBJECTIONS AS
TO ACCURACY WITHIN SUCH 30 DAYS.
11.3
WAIVER OF SUBROGATION.
(A)
LANDLORD AND TENANT SHALL EACH ENDEAVOR TO
PROCURE AN APPROPRIATE CLAUSE IN, OR ENDORSEMENT TO, EACH OF ITS POLICIES FOR
INDUSTRY STANDARD FORM OF PROPERTY INSURANCE WHICH, AS OF THE DATE OF