|
14. Mutual Indemnification.
<br /> 14.1. Tenant Indemnity. Tenant shall indemnify, defend and hold harmless
<br /> Landlord against and from any and all claims,actions,damages,liability,costs and expenses,including
<br /> attorney's fees, arising out of or relating to (a) Tenant's use of the Premises or from the conduct of
<br /> Tenant's business or from any activity,work, or other things done or permitted by Tenant in or about
<br /> the Premises, (b) any breach or default in the performance of any obligation on Tenant's part to be
<br /> performed under the terms of this Lease, (c) any act or omission,negligence or willful misconduct of
<br /> Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, damages,
<br /> attorneys' fees and liabilities incurred in defense of any such claim in any action or proceeding brought
<br /> thereon. Tenant,as a material part of the consideration to Landlord,hereby assumes all risk of damage
<br /> to property or injury to persons in, upon or about the Premises from any cause other than and to the
<br /> extent of Landlord's breach of this Lease or negligence or willful misconduct. Tenant shall give prompt
<br /> notice to Landlord in case of casualty or accident in the Premises. For the purposes of this Lease,the
<br /> claims, actions, damages, liability and expenses for which Tenant must indemnify, defend and hold
<br /> harmless the City are referred to as"Tenant Covered Claims". Notwithstanding the foregoing,Tenant
<br /> Covered Claims shall not include any claims to the extent arising out of or relating to Landlord's
<br /> negligence(with the standard of care for such negligence in no case more stringent than the standard
<br /> of care for owners of transit stations serving the general public), willful misconduct, or any breach or
<br /> default in the performance of any obligation on Landlord's part to be performed under the terms this
<br /> Lease.
<br /> 14.2. Landlord Indemnity. Landlord shall indemnify, defend and hold harmless
<br /> Tenant against and from any and all claims, actions, damages, liability, costs and expenses, including
<br /> attorney's fees, arising out of or relating to Landlord's negligence (with the standard of care for such
<br /> negligence in no case more stringent than the standard of care for owners of transit stations serving the
<br /> general public), willful misconduct, or any breach or default in the performance of any obligation on
<br /> Landlord's part to be performed under the terms of this Lease. For the purposes of this Lease, the
<br /> claims, actions, damages, liability and expenses for which Tenant must indemnify, defend and hold
<br /> harmless the City are referred to as"Landlord Covered Claims". Tenant Covered Claims and Landlord
<br /> Covered Claims are collectively referred to as"Covered Claims."
<br /> 14.3. Concurrent Fault. This Section does not indemnify,defend, or hold harmless
<br /> either party against liability for Covered Claims to the extent arising out of or relating to the breach of
<br /> this Lease or negligence or willful misconduct of the indemnified party,or its officers,employees,and
<br /> agents.
<br /> 14.4. Washington Law. This Section is specifically and expressly intended to
<br /> constitute a waiver of immunity under Washington's Industrial Insurance Act,RCW Title 51,to the full
<br /> extent necessary to provide the indemnified party with a full and complete indemnity from claims made
<br /> by the indemnifying party and its employees,to maximum extent allowed by law. LANDLORD AND
<br /> TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS SECTION
<br /> WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.
<br /> 15. Legal Compliance. Landlord shall use reasonable efforts to ensure that all Landlord
<br /> use of the Premises and Property shall comply with law applicable to transit stations serving the general
<br /> 11
<br />
|