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15. INDEMNIFICATION.
<br /> (a) Indemnity. Tenant shall indemnify, defend and hold harmless Landlord
<br /> 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 Leased Premises or from the
<br /> conduct of Tenant's business or from any activity, work, or other things done or permitted by
<br /> Tenant in or about the Leased Premises, (b) any breach or default in the performance of any
<br /> obligation on Tenant's part to be performed under the terms of this Lease, (c)any act or omission,
<br /> negligence or willful misconduct of Tenant, or any officer, agent, employee, guest, or invitee of
<br /> Tenant, and from all costs, damages, attorneys'fees and liabilities incurred in defense of any such
<br /> claim in any action or proceeding brought thereon. Tenant, as a material part of the
<br /> consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in,
<br /> upon or about the Leased Premises from any cause other than and to the extent of Landlord's
<br /> gross negligence or willful misconduct. Tenant shall give prompt notice to Landlord in case of
<br /> casualty or accident in the Leased Premises. This Section 15 shall survive the expiration or
<br /> termination of this Lease. For the purposes of this Lease, the claims, actions, damages, liability
<br /> and expenses for which Tenant must indemnify, defend and hold harmless the City are referred
<br /> to as "Covered Claims".
<br /> (b) Concurrent Fault. This Section does not purport to indemnify Landlord
<br /> against liability for Covered Claims caused by or resulting from the sole gross negligence or willful
<br /> misconduct of Landlord, its officers, employees and agents. If Covered Claims are caused by or
<br /> result from the concurrent negligence of (i) Landlord, its officers, employees or agents, and (ii)
<br /> Tenant, its agents, servants, employees, officers, subcontractors, sublicensees, subtenants,
<br /> successors or assigns, then this Section will provide Landlord the maximum indemnification
<br /> permitted by law.
<br /> (c) Washington Law. This Section is specifically and expressly intended to
<br /> constitute a waiver of Tenant's immunity under Washington's Industrial Insurance Act, RCW Title
<br /> 51, to the full extent necessary to provide Landlord with a full and complete indemnity from
<br /> claims made by Tenant and its employees, to maximum extent allowed by law. LANDLORD AND
<br /> TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS SECTION WERE
<br /> SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.
<br /> (d) Waiver and Release. Landlord shall not be liable to Tenant, or its directors,
<br /> officers, shareholders, agents, employees, invitees, subtenants, contractors or licensees, for any
<br /> loss, injury or damage to Tenant or any other person, or to its or their property, irrespective of
<br /> the cause of such injury, damage or loss, unless, and then only to the extent, it is caused by or
<br /> results from the gross negligence or willful misconduct of Landlord or its employees without
<br /> contributory negligence on the part of Tenant or any of its directors, officers, shareholders,
<br /> employees, agents, invitees, subtenants, licensees or contractors. As a material part of the
<br /> consideration to Landlord for this Lease, Tenant hereby waives and releases all claims against
<br /> Landlord with respect to all matters for which Landlord has disclaimed liability pursuant to the
<br /> provisions of this Lease.
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