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DocuSign Envelope ID: 2F824D49-F88D-4ED1-B861-25C6564470E2
<br />EXECUTION COPY
<br />(i) To examine the Leased Premises;
<br />(ii) To make all repairs, addition(s) or alteration(s) that LESSOR deems
<br />necessary for safety or preservation of the Leased Premises or improvements located thereon, after
<br />thirty (30) days advance notice in writing to LESSEE that the Leased Premises or any portion
<br />thereof is in need of maintenance or repair and LESSEE fails to take appropriate curative actions;
<br />or
<br />(iii) To remove signs, fixtures, alterations or additions that do not conform to
<br />the terms of this Lease after thirty (30) days advance notice in writing to LESSEE that the Leased
<br />Premises or any portion thereof is not in compliance with the terms of the Lease and LESSEE fails
<br />to take appropriate curative actions;
<br />Provided that nothing herein shall be construed in such a manner as to impose upon LESSOR the
<br />obligation to so enter the Leased Premises and perform any act referenced above.
<br />8.2 Liability for Entry. LESSEE, and any agent, servant, employee, independent
<br />contractor, licensee, or subtenant claiming by, through or under LESSEE, or any invitees thereof
<br />shall have no claim or cause of action against LESSOR because of LESSOR's entry or other action
<br />taken under this Article, except to the extent that any such claim or cause of action is due to the
<br />intentional or negligent conduct of LESSOR, its agents, servants, employees, contractors or
<br />licensees acting within the scope and course of their duties .
<br />ARTICLE 9.
<br />INSURANCE AND INDEMNIFICATION
<br />9.1 Indemnity.
<br />(a) LESSEE shall protect, defend, indemnify, and hold harmless the LESSOR,
<br />its officers, officials, employees, and agents from and against any and all lawsuits, penalties,
<br />damages, settlements, judgments, decrees, costs, charges, and other expenses including attorneys'
<br />fees or liabilities of every kind, nature or degree, arising out of or in connection with the rights,
<br />responsibilities and obligations of LESSEE under this Lease, conditions contained therein, the
<br />location, construction, repair, maintenance, use, or occupancy of the Leased Premises, or the
<br />breach or default by LESSEE of any covenant or provision of this Lease, hereinafter, "Claims,"
<br />except for any occurrence arising out of or resulting from the intentional torts or negligence of the
<br />LESSOR, its officers, officials, agents, and employees acting within the scope and course of their
<br />duties and employment. Excluded from this indemnity shall be all lawsuits, penalties, damages,
<br />settlements, judgments, decrees, costs, charges, and other expenses whatsoever including
<br />attorneys' fees or liabilities of every kind and nature which occur as a result of actions by
<br />LESSOR's invitees or guests. Nothing herein shall be deemed a waiver of LESSOR's sovereign
<br />immunity.
<br />(b) Without limiting the foregoing, any and all such claims, suits, causes of
<br />action relating to personal injury, death, damage to property, defects in construction, rehabilitation
<br />or restoration of the Leased Premises, alleged infringement of any patents, trademarks, copyrights
<br />or of any other tangible or intangible personal or real property right, or any actual or alleged
<br />violation of any applicable statute, ordinance, administrative order, rule or regulation or decree of
<br />any court, is included in the indemnity.
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