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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. Janitorial services shall also be provided to the
<br />Premises for the Term of the Lease.
<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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