THIS SECTION 11.4, IN NO EVENT SHALL LANDLORD BE LIABLE FOR ANY
CONSEQUENTIAL DAMAGES, OR FOR LOSS OF OR DAMAGE TO ARTWORK, CURRENCY, JEWELRY,
BULLION, SECURITIES OR OTHER PROPERTY IN THE PREMISES, NOT IN THE NATURE OF
ORDINARY FIXTURES, FURNISHINGS, EQUIPMENT AND OTHER PROPERTY USED IN GENERAL
BUSINESS OFFICE ACTIVITIES AND FUNCTIONS.
29
(C)
TENANT SHALL INDEMNIFY, PROTECT, DEFEND AND HOLD LANDLORD AND ITS
REPRESENTATIVES, HARMLESS OF AND FROM ANY AND ALL CLAIMS, LIABILITY, COSTS,
PENALTIES, FINES, DAMAGES, INJURY, JUDGMENTS, FORFEITURE, LOSSES OR EXPENSES
(INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, CONSULTANT FEES, TESTING AND
INVESTIGATION FEES, EXPERT FEES AND COURT COSTS) ARISING OUT OF OR IN ANY WAY
RELATED TO OR RESULTING DIRECTLY OR INDIRECTLY FROM WORK OR LABOR PERFORMED,
MATERIALS OR SUPPLIES FURNISHED TO OR AT THE REQUEST OF TENANT OR IN CONNECTION
WITH OBLIGATIONS INCURRED BY OR PERFORMANCE OF ANY WORK DONE FOR THE ACCOUNT OF
TENANT IN THE PREMISES OR THE PROJECT.
(D)
THE PROVISIONS OF THIS SECTION 11.3 SHALL SURVIVE THE EXPIRATION
OR SOONER TERMINATION OF THIS LEASE.
11.5
WAIVER OF SUBROGATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN
THIS LEASE, LANDLORD AND TENANT EACH HEREBY WAIVE ALL RIGHTS OF RECOVERY AGAINST
THE OTHER ON ACCOUNT OF LOSS AND DAMAGE OCCASIONED TO SUCH WAIVING PARTY FOR ITS
PROPERTY OR THE PROPERTY OF OTHERS UNDER ITS CONTROL TO THE EXTENT THAT SUCH
LOSS OR DAMAGE IS REQUIRED TO BE OR IS ACTUALLY INSURED AGAINST HEREUNDER.
TENANT AND LANDLORD SHALL, UPON OBTAINING POLICIES OF INSURANCE REQUIRED
HEREUNDER, GIVE NOTICE TO THE INSURANCE CARRIER THAT THE FOREGOING MUTUAL WAIVER
OF SUBROGATION IS CONTAINED IN THIS LEASE AND TENANT AND LANDLORD SHALL CAUSE
EACH INSURANCE POLICY OBTAINED BY SUCH PARTY TO PROVIDE THAT THE INSURANCE
COMPANY WAIVES ALL RIGHT OF RECOVERY BY WAY OF SUBROGATION AGAINST EITHER
LANDLORD OR TENANT IN CONNECTION WITH ANY DAMAGE COVERED BY SUCH POLICY.
ARTICLE 12.
CONDEMNATION
12.1
CONDEMNATION.
IF THE PREMISES OR ANY PORTION THEREOF ARE TAKEN
UNDER THE POWER OF EMINENT DOMAIN OR SOLD UNDER THE THREAT OF THE EXERCISE OF
SUCH POWER (ALL OF WHICH ARE REFERRED TO HEREIN AS "CONDEMNATION"), THIS LEASE
SHALL TERMINATE AS TO THE PART SO TAKEN AS OF THE DATE THE CONDEMNING AUTHORITY
TAKES TITLE OR POSSESSION, WHICHEVER FIRST OCCURS (THE "DATE OF TAKING").
IF
THE PREMISES OR ANY PORTION OF THE PROJECT IS TAKEN BY CONDEMNATION TO SUCH AN
EXTENT AS TO RENDER THE PREMISES OR MORE THAN FIFTEEN PERCENT (15%) THEREOF
UNTENANTABLE OR UNECONOMICAL FOR TENANT'S BUSINESS, THIS LEASE SHALL, AT THE
OPTION OF EITHER PARTY TO BE EXERCISED IN WRITING WITHIN THIRTY (30) DAYS AFTER
RECEIPT OF WRITTEN NOTICE OF SUCH TAKING, FORTHWITH CEASE AND TERMINATE AS OF
THE DATE OF TAKING.
ALL PROCEEDS FROM ANY CONDEMNATION OF THE PREMISES SHALL
BELONG TO AND BE PAID TO LANDLORD, SUBJECT TO THE RIGHTS OF ANY HOLDER OF ANY
SECURITY DEVICE(S) ON THE PROJECT; PROVIDED THAT TENANT SHALL BE ENTITLED TO ANY
COMPENSATION SEPARATELY AWARDED TO TENANT FOR TENANT'S RELOCATION EXPENSES OR
LOSS OF TENANT'S TRADE FIXTURES