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such claim, upon notice from Lessor, Lessee covenants to defend such <br />action or proceeding by counsel satisfactory to Lessor. <br />a. Lessor agrees to indemnify, defend and hold Lessee and its directors, <br />officers, employees, agents and representatives harmless from and against all <br />loss, liability, damages and expense (including reasonable attorney's fees) <br />caused by any act or omission of Lessor, its officers, employees, agents, <br />invitees and representatives, except to the extent such loss, liability, damage or <br />expense is covered by insurance maintained by Lessor. Lessor and Lessee <br />hereby waive against the other any claims, liabilities or damages arising from <br />or caused by any hazard covered by the insurance maintained or required by <br />the waiving part. <br />10. NON -LIABILITY OF LESSOR: Except in the event of negligence or an <br />intentional act by Lessor, its agents, employees, or contractors, Lessor shall <br />not be liable for any loss or damage resulting from or caused by any failure <br />to furnish heat, electricity, water, gas, air conditioning or sprinkler system, <br />nor for any consequential damage arising from interruption of any utility or <br />services. <br />11. ASSIGNMENT: Lessee shall not assign or transfer any of its rights under <br />this Lease or sublease any part of the Premises. <br />12. DEFAULT: <br />a. Should any voluntary or involuntary petition in bankruptcy be filed <br />by or against Lessee, Lessor may, by written notice to Lessee, <br />immediately terminate this Lease and terminate Lessee's right to <br />possession of the Premises. If Lessee does not voluntarily quit the <br />Premises upon receipt of notice of termination, Lessor may, in its <br />discretion, recover sole possession of the Premises in an eviction <br />(unlawful detainer) proceeding, and recover from Lessee all attorney <br />fees, costs, and expenses relating to such proceeding. In addition, <br />Lessor shall be entitled to recover all damages and other claims <br />arising prior to the date of termination, including without limitation, <br />all rent due through the end of the month of termination, damages, <br />and attorney fees. <br />b. If Lessee defaults in the payment of Rent, and such default continues <br />for 20 days after Lessor's written notice thereof to Lessee, or Lessee <br />defaults in the prompt and full performance of any other provision of <br />this Lease and such default continues for 30 days after Lessor's <br />written notice thereof to Lessee, or if Lessee makes an assignment <br />for the benefit of creditors, or if a receiver is appointed for the <br />4 <br />