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claim, Tenant upon notice from Landlord covenants at Tenant's cost and expense to resist or defend such
<br />action or proceeding or to cause it to be resisted or defended by an insurer. Tenant shall not, however, be
<br />liable for damages or injury occasioned by the gross negligence or willful misconduct of Landlord, or its
<br />agents, employees, or servants, unless such damage or injury arises from perils against which Tenant is
<br />required by this Lease to insure.
<br />02 Release. Landlord, its principals, agents, employees and contractors, shall not be
<br />liable for, and Tenant hereby releases Landlord, its principals, agents, employees and contractors from,
<br />all claims for loss of life, personal injury or damage to property or business sustained by Tenant or any
<br />person claiming by, through or under Tenant resulting from any fire, accident, occurrence or condition
<br />in or upon the Leased Premises or the Center or any part thereof including, but not limited to, any such
<br />claims for loss of life, personal injury or damage resulting from defect, latent or otherwise, in the Leased
<br />Premises or the Center, any defect in or any failure of any equipment, machinery, utilities, appliances,
<br />or apparatus in the Leased Premises or the Center, falling of fixtures or other items, leakage of water,
<br />snow or ice, broken glass, or any other similar event or any act of other tenants or occupants of the
<br />Center or any act or omission (including negligent acts or omissions) of Landlord, its principals, agents,
<br />servants and employees unless such claims are a result of Landlord's failure to fulfill its maintenance
<br />obligations under Section 6.04, above.
<br />fc) Waiver of Subro ag tion. Each of the parties hereto hereby releases the other and the
<br />other's partners, agents and employees, to the extent of each party's insurance coverage, from any and
<br />all liability for any loss or damage which may be inflicted upon the property of such releasing party
<br />even if such loss or damage shall be brought about by the fault or negligence of the other party, its
<br />partners, agents or employees; provided, however, that this release shall be effective only with respect
<br />to loss or damage occurring during such time as the appropriate policy of insurance shall contain a
<br />clause to the effect that this release shall not affect said policy or the right of the insured to recover
<br />thereunder. If any policy does not permit such a waiver, and if the party to benefit therefrom requests
<br />that such a waiver be obtained, the other party agrees to obtain an endorsement to its insurance policies
<br />permitting such waiver of subrogation if it is available. If an additional premium is charged for such
<br />waiver, the party benefiting therefrom, if it desires to have the waiver, agrees to pay to the other the
<br />amount of such additional premium promptly upon being billed therefor.
<br />8.02 Insurance by Tenant
<br />(a) Tenant shall keep in force, at Tenant's sole cost and expense, with responsible
<br />insurance companies acceptable to Landlord authorized to do business in the State of and throughout
<br />the Term and during such other times as Tenant occupies the Leased Premises or any part thereof:
<br />(i) Insurance (on an occurrence basis) against claims for personal injury
<br />(including death) and property damage and with broad -form contractual liability coverage. under
<br />a policy of comprehensive general liability insurance or (at Landlord's option) commercial general
<br />liability insurance, with limits not less than Five Million Dollars ($5,000,000.00) in respect of
<br />personal injury (including bodily injury and death) and Two Million Thousand Dollars
<br />($2,000,000.00) for property damage.
<br />(ii) Workers' compensation or similar insurance affording statutory
<br />coverage and containing statutory limits.
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