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<br />Petitioner, which consent shall be at Petitioner sole and exclusive discretion. <br /> <br />(vi) Time is of Essence. Time is of the essence in the performance of all the <br /> <br />terms and conditions set forth herein. <br /> <br />(vii) Liability and Indemnification. Petitioner shall not be liable to Gold Club or <br /> <br />its employees, agents, patrons or visitors, or to any other person whomsoever, for any injury to <br /> <br />person or damage to property on or about the Lease Premises, resulting from and/or caused in part <br /> <br />. or whole by Gold Club's negligence or misconduct or by the negligence or misconduct of its agents, <br /> <br />servants or employees or any other person entering upon the Lease Premises, or caused by the <br /> <br />buildings and improvements located on the Lease Premises becoming out of repair, or caused by <br /> <br />leakage of gas, oil, water or steam or by electricity emanating from the Leased Premises, or due to <br /> <br />the existence of mold or mildew, or due to any cause whatsoever other than the intentional acts of <br /> <br />Petitioner. <br /> <br />Gold Club hereby covenant and agree that it will at all times indemnify and hold safe <br /> <br />and harmless the Building, Petitioner, Petitioner's agents and employees from any loss, liability, <br /> <br />claims, suits, costs, expenses, including without limitation, attorney's fees and damages, both real and <br /> <br />alleged, arising out of any such damage or injury but only to the extent caused by the negligence or <br /> <br />misconduct of Gold Club, its agents, employees or invitees; except injury to persons or damage to <br /> <br />property to the extent of the negligence or intentional acts of Petitioner, its agents, employees or <br /> <br />contractors. Petitioner will indemnify and hold harmless Gold Club, its agents and employees from <br /> <br />any loss, liability, claims, costs, suits, expenses, including reasonable attorneys' fees, arising out of the <br /> <br />negligence or misconduct of Petitioner, its employees agents, contractors or employees; and it is, <br /> <br />D. Defendant, Gold Club hereby stipulate that upon Petitioner's deposit of its <br /> <br />good faith estimate of value of Seven Million Seven Hundred Thousand and No/I00 Dollars <br /> <br />5 of 13 <br /> <br />FLDOCS 5503460 2 <br />1/23/1012;36 PM <br />