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<br />section 9.02. No interruption or malfunction of any utility
<br />service (including, without limitation, interruption of such
<br />utilities as a result of the enactment or promulgation, regardless
<br />of the ultimate validity or enforceability thereof, of any federal,
<br />State or local law, statute, ordinance, decree, order, guideline or
<br />regulation now or hereafter enacted or promulgated by any
<br />governmental, quasi-governmental, regulatory or executive
<br />authority) shall constitute an eviction or disturbance of Lessee's
<br />use and possession of the Leased Premises or a breach by Lessor of
<br />any of its obligations hereunder or render Lessor liable for any
<br />damages (including, without limitation, consequential or special
<br />damages) or entitle Lessee to be relieved from any of obligations
<br />hereunder (including the obligation to pay Rent) or grant Lessee
<br />any right of set-off or recoupment.
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<br />Article X. Insurance and Indemnity
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<br />section 10.01. Except as to only injury, de~th or property damage
<br />proximately caused by the sole negligence of Lessor, Lessor's
<br />agents, contractors and employees for which Lessor is legally
<br />liable, Lessee agrees to indemnify and hold Lessor and Lessor's
<br />officers, agents and employees harmless from all losses, claims,
<br />suits, actions, damages and liability (including costs and expenses
<br />of defending against all of the aforesaid) arising (or alleged to
<br />arise) from any act or omission of Lessee or Lessee's agents,
<br />employees, assignees, sublessees, contractors, customers or
<br />invitees, or arising from any injury to or death of any person or
<br />persons or damage to or destruction of the property of any person
<br />or persons occurring in or about the Leased Premises, and Lessee
<br />assumes responsibility for the condition of the Leased Premises.
<br />Lessee agrees to use and occupy the Leased Premises and place its
<br />improvements, fixtures, equipment, merchandise and other property
<br />therein and thereon at its own risk, and hereby releases Lessor and
<br />its agents from all claims for any damage or injury to the full
<br />extent permitted by law. Lessee shall be responsible for the
<br />safety and well being of Lessee's employees, customers and
<br />invitees, and Lessee agrees to indemnify and hold Lessor harmless
<br />from all losses, claims, suits, actions, damages and liabilities
<br />(including costs and expenses of defending against the aforesaid)
<br />arising (or alleged to' arise) from any injury, death or damage or
<br />loss of Lessee, its employees, customers and invitees.
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<br />Section 10.02. Lessee will purchase and maintain a policy providing
<br />comprehensive general liability insurance coverage in a minimum
<br />amount of One Killion and HO/l00 Dollars ($1,000,000.00) combined
<br />single limit, which policy shall insure against bodily injury,
<br />death and property damage and shall include (i) coverage for
<br />premises and operations, (ii) coverage for products liability, and
<br />(iii) contractual liability coverage insuring the obligations of
<br />Lessee under the terms of this Lease. Such policy shall name
<br />Lessor (and any of its successors and assigns designated by Lessor)
<br />as an additional insured.
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