maintenance and repair required because of the act or negligence of Landlord,
its employees, contractors or agents, which shall be the responsibility of
Landlord.
(b) Landlord shall, at its own cost and expense, maintain in
good condition and repair the roof, foundation (beneath the floor slab) and
structural frame of the Building. Landlord's obligation shall exclude the cost
of any maintenance or repair required because of the act or negligence of Tenant
or Tenant's agents, contractors, employees and invitees (collectively, "Tenant's
Affiliates"), the cost of which shall be the responsibility of Tenant.
(c) Except to the extent the same is caused by the negligent
action or inaction of Landlord, its employees or agents, and is not covered by
the insurance required to be carried by Tenant pursuant to the terms of this
Lease, Landlord shall not be liable to Tenant or to any other person for any
damage occasioned by failure in any utility system or by the bursting or leaking
of any vessel or pipe in or about the Demised Premises, or for any damage
occasioned by water coming into the Demised Premises unless caused by the
negligent action or inaction of Landlord, costs of which shall be the
responsibility of Landlord.
11. Tenant's Personal Property; Indemnity. Except as otherwise set
forth in this paragraph, all of Tenant's personal property in the Demised
Premises shall be and remain at Tenant's sole risk. Landlord, its agents,
employees and contractors, shall not be liable for, and Tenant hereby releases
Landlord from, any and all liability for theft thereof or any damage thereto
occasioned by any act of God or by any acts, omissions or negligence of any
persons. Landlord, its agents, employees and contractors, shall not be liable
for any injury to the person or property of Tenant or other persons in or about
the Demised Premises, Tenant expressly agreeing to indemnify and save Landlord,
its agents, employees and contractors, harmless, in all such cases, except to
the extent caused by the negligence of Landlord, its agents, employees and
contractors. Tenant further agrees to indemnify and reimburse Landlord for any
costs or expenses, including, without limitation, attorneys' fees, that Landlord
reasonably may incur in investigating, handling or litigating any such claim
against Landlord by a third person, unless such claim arose from the negligence
of Landlord, its agents, employees or contractors. The provisions of this
Section 11 shall survive the expiration or earlier termination of this Lease
with respect to any damage, injury or death occurring before such expiration or
termination. The foregoing shall not release Landlord from liability relating to
the act or negligence of Landlord, costs of which shall be Landlord's
responsibility.
12. Tenant's Fixtures. Tenant shall have the right to install in the
Demised Premises trade fixtures required by Tenant or used by it in its
business, and if installed by Tenant, to remove any or all such trade fixtures
from time to time during and upon termination or expiration of this Lease,
provided no Event of Default, as defined Section 22, then exists; provided,
however, that Tenant shall repair and restore any damage or injury to the
Demised Premises (to the condition in which the Demised Premises existed prior
to such installation) caused by the installation and/or removal of any such
trade fixtures.
13. Signs. No sign, advertisement or notice shall be inscribed,
painted, affixed, or displayed on the windows or exterior walls of the Demised
Premises or on any public area of the Building, except in such places, numbers,
sizes, colors and styles as are approved in advance in writing by Landlord, and
which conform to all applicable laws, ordinances, or covenants affecting the
Demised Premises. Notwithstanding the foregoing, Tenant shall have the right to
affix one (1) identification sign to the exterior of the Demised Premises or to
a free-standing "monument sign" in a location reasonably approved by Landlord,
provided Tenant and such sign otherwise comply with the terms and conditions of
this Section 13. Any and all signs installed or constructed by or on behalf of
Tenant pursuant hereto shall be installed, maintained and removed by Tenant at
Tenant's sole cost and expense. [PARTIES AGREE TO ATTACH AND REFERENCE A
MUTUALLY AGREEABLE SIGN EXHIBIT IF PROVIDED BY TENANT TO LANDLORD PRIOR TO LEASE
EXECUTION.]
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