|
amount so spent, and costs incurred, including attorney's fees incurring such default, shall be
<br />paid by Tenant, and additional rent, upon demand.
<br />d. Tenant Payment. In the event suit shall be brought for recovery of possession of
<br />the Property, for the recovery of rent of any other amount due under the provisions of this Lease,
<br />or because of the breach of any other covenant herein contained on the part of Tenant to be kept
<br />or performed, and a breach shall be established, Tenant shall pay to Landlord all expenses
<br />incurred therefore, including a reasonable attorney's fee, together with interest on all such
<br />expenses at the rate of ten percent (10%) per annum from the date of such breach of the
<br />covenants of this Lease.
<br />e. Waiver of Rights of Redemption. Tenant also waives any demand for
<br />possession of the Property, and any demand for payment of rent and any notice of intent to re-
<br />enter the Property, or of intent to terminate this Lease, other than the notices above provided in
<br />this paragraph, and waives any and every other notice or demand prescribed by any applicable
<br />statutes or laws.
<br />f. No Exclusive Remedy. No remedy herein or elsewhere in this Lease or
<br />otherwise by law, statute or equity, conferred upon or reserved to Landlord or Tenant shall be
<br />exclusive of any other remedy, but shall be cumulative, and may be exercised from time to time
<br />and as often as the occasion may arise.
<br />18. INDEMNITY & HOLD HARMLESS:
<br />Except to the extent that liability for damages or loss is caused by the intentional acts or gross
<br />negligence of Landlord, its agents or employees, Tenant shall indemnify, protect, defend (at
<br />Landlord's request and with counsel approved by Landlord) and hold Landlord and each of its
<br />respective officers and employees harmless from and against every demand, claim, cause of
<br />action, judgment and expense, including, but not limited to, reasonable attorney's fees and
<br />disbursements of counsel, whether suit is initiated or not, and all loss and damage arising from:
<br />(a) any injury, loss or damage to the person or property of Tenant, or to any other person
<br />rightfully in the Property, , (i) occurring in or about the Property, or (ii) caused by the negligence
<br />or misconduct of Tenant, or Tenant's affiliates or any of their respective employees,
<br />representatives, agents or contractors, or (iii) resulting from the violation of any legal
<br />requirements or the provisions of this Lease by Tenant, or Tenant's affiliates or any of their
<br />respective employees, representatives, agents or contractors; (b) any loss or damage, however
<br />caused, to books, records, computer or other electronic equipment or data or media, files,
<br />artwork, money, securities, negotiable instruments or papers in the Property; (or (c) any loss or
<br />damage resulting from interference with or obstruction of deliveries to or from the Property
<br />caused by Tenant or Tenant's affiliates or any of their respective employees, representatives,
<br />agents or contractors. All property kept, maintained or stored on the Property shall be so kept,
<br />maintained or stored at the sole risk of Tenant. If any mechanic's lien is filed against any part of
<br />the Property for work claimed to have been done for, or materials claimed to have been furnished
<br />to Tenant, such mechanic's lien shall be discharged by Tenant within ten (10) days thereafter, at
<br />Tenant's sole cost and expense, by the payment thereof or by making any deposit required by
<br />law or by posting a bond with such surety, in such amount and in such form as landlord deems
<br />proper. Tenant shall immediately notify Landlord of any mechanic's lien or other lien filed
<br />against the Property or any part thereof by a contractor or subcontractor of Tenant or otherwise
<br />11
<br />
|