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(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
<br /> willful misconduct of Landlord, its officers, employees and agents. If Covered Claims are caused
<br /> by or result from the concurrent negligence of (i) Landlord, its officers, employees or agents,
<br /> and (ii) Tenant, its agents, servants, employees, officers, subcontractors, sublicensees,
<br /> subtenants, successors or assigns, then this Section will provide Landlord the maximum
<br /> indemnification 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
<br /> Title 51, to the full extent necessary to provide Landlord with a full and complete indemnity
<br /> from claims made by Tenant and its employees, to maximum extent allowed by law.
<br /> LANDLORD AND TENANT ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS
<br /> SECTION WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM.
<br /> (d) Waiver and Release. Landlord shall not be liable to Tenant, or its
<br /> directors, officers, shareholders, agents, employees, invitees, subtenants, contractors or
<br /> licensees, for any loss, injury or damage to Tenant or any other person, or to its or their
<br /> property, irrespective of the cause of such injury, damage or loss, unless, and then only to the
<br /> extent, it is caused by or results from the gross negligence or willful misconduct of Landlord or
<br /> its employees without contributory negligence on the part of Tenant or any of its directors,
<br /> officers, shareholders, employees, agents, invitees, subtenants, licensees or contractors. As a
<br /> material part of the consideration to Landlord for this Lease, Tenant hereby waives and releases
<br /> all claims against Landlord with respect to all matters for which Landlord has disclaimed liability
<br /> pursuant to the provisions of this Lease.
<br /> 16. INSURANCE/WAIVER OF SUBROGATION.
<br /> (a) Tenant Insurance. Tenant shall, throughout the Term, at its own
<br /> expense, keep and maintain in full force and effect each and every one of the following policies,
<br /> each of which shall be endorsed as needed to provide that the insurance afforded by these
<br /> policies is primary and that all insurance carried by Landlord and Landlord's self-insurance is
<br /> strictly excess and secondary and shall not contribute with Tenant's liability insurance:
<br /> (i) A policy of commercial general liability insurance, including a
<br /> contractual liability endorsement covering Tenant's obligations under
<br /> Section 15 above, insuring against claims of bodily injury and death or
<br /> property damage or loss with a combined single limit at the
<br /> Commencement Date of this Lease of not less than One Million Dollars
<br /> ($1,000,000.00) per occurrence and location. Tenant shall include
<br /> Landlord and Landlord's officers, elected officials, employees, agents, and
<br /> volunteers as additional insureds. The limit shall be reasonably increased
<br /> during the Term at Landlord's request.
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