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DRAFT
<br /> 9. SERVICES AND UTILITIES:
<br /> Landlord agrees to pay all charges for utility services to the Premises during the term of
<br /> this Lease including, but not limited to, gas, electric, sewer, water, sprinkler alarm system,
<br /> security systems and rubbish removal. Tenant shall not commit waste or use any of the utilities
<br /> in excess of ordinary and reasonable use.
<br /> 10. PROTECTION FROM SUBROGATION:
<br /> Anything in this Lease to the contrary notwithstanding, neither Landlord nor Tenant shall
<br /> be liable to the other for any business interruption or any loss or damage to property or injury to
<br /> or death of persons occurring on the Premises or the adjoining properties, mall areas, sidewalks,
<br /> streets or alleys, or in any manner growing out of or connected with Tenant's use and occupation
<br /> of the Premises, or the condition thereof or of mall areas, sidewalks, streets or alleys adjoining,
<br /> caused by the negligence or other fault of Landlord, or Tenant or of their respective agents,
<br /> employees, subtenants, licensees or assignees to the extent that such business interruption or loss
<br /> or damage to property or injury to or death of person is covered by or indemnified by proceeds
<br /> received from insurance carried by other party (regardless of whether such insurance is payable
<br /> to or protects Landlord or Tenant or both) or for which such party is otherwise reimbursed; and
<br /> Landlord and Tenant each hereby respectively waive all rights of recovery against the other, its
<br /> agents, employees, subtenants, licensees and assignees, for any such loss or damage to property
<br /> or injury to or death of persons to the extent the same is covered or indemnified by proceeds
<br /> received from any such insurance, or for which reimbursement is otherwise received. Landlord's
<br /> and Tenant's respective policies of insurance shall each contain a waiver of subrogation
<br /> provision incorporating the above covenant and providing that the insurance shall not be
<br /> invalidated by the insured's written waiver prior to a loss of any or all right of recovery against
<br /> any party for any insured loss. It is expressly understood that Landlord shall not be liable to
<br /> Tenant for any damages incurred by the latter as a result of the above and foregoing events; save
<br /> and except as to any such damages caused by the willful or wanton conduct of Landlord, its
<br /> agents or employees, provided such damages are not recoverable by Tenant pursuant to the
<br /> insurance policies required to be provided by Tenant under this Lease or otherwise.
<br /> 11. WAIVER AND INDEMNITY:
<br /> Notwithstanding anything apparently to the contrary in this Lease, Landlord and its
<br /> partners, officers and employees and property manager shall not be liable to Tenant, and Tenant
<br /> hereby releases such parties from all damage, compensation or claims from any cause other than
<br /> the intentional misconduct of Landlord or its partners, officers or employees or property manager
<br /> arising from: loss or damage to personal property or trade fixtures in the Premises including
<br /> books, records, files, computer equipment, computer data, money, securities, negotiable
<br /> instruments or other papers; lost business or other consequential damage arising out of
<br /> interruption in the use of the Premises; and any criminal act by any person other than Landlord
<br /> or its partners, officers or employees. Furthermore, Tenant agrees that Landlord, its officers,
<br /> agents, partners, and employees shall not be liable to Tenant or those claiming through or under
<br /> Tenant for any injury, death or property damage occurring in, on or about the Premises, the
<br /> Building or grounds.
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<br /> 416585v5 SJR MU210-35
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