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Section 6.8 Insurance Appraiser. The determinations required under this Article 6 <br /> and Article 7 shall be made by an independent qualified insurance appraiser selected by the <br /> parties, whose decision shall not be subject to arbitration. <br /> Section 6.9 Waiver of Subrogation. Lessor and Lessee hereby release each other <br /> from any and all liability or responsibility (to the other or anyone claiming through or under the <br /> other by way of subrogation or otherwise) for any loss or damage to real or personal property on <br /> the Premises caused by fire or any other insured peril, even if such fire or other casualty shall <br /> have been caused by the fault or negligence of the other party or anyone for whom such party <br /> may be responsible. Lessor(should it choose to obtain insurance) and Lessee shall obtain <br /> insurance policies with such a waiver of subrogation and with a clause or endorsement to the <br /> effect that any such release shall not adversely affect or impair said policies or prejudice the right <br /> of the releaser to recover thereunder; provided,however, if policies with such a clause or <br /> endorsement shall not be obtainable or shall be obtainable only at a premium over that <br /> chargeable without such waiver, the party seeking such policy shall notify the other thereof, and <br /> the latter shall have ten (10) days thereafter either: (a) to procure such insurance in companies <br /> reasonably satisfactory to the other party, or(b)to agree to pay such additional premium. If <br /> neither(a) nor(b) is done, this Section shall have no effect during such time as such policies <br /> shall not be obtainable or the party in whose favor a waiver of subrogation is desired shall refuse <br /> to pay the additional premium. If such policies shall at any time be unobtainable,but shall be <br /> subsequently obtainable, neither party shall be subsequently liable for a failure to obtain such <br /> insurance until a reasonable time after a party learns of the availability of the insurance. This <br /> Section 6.9 is intended, and shall be deemed, to apply only with respect to the property insurance <br /> required under Section 6.2 or any similar insurance held by Lessor. <br /> Section 6.10 Indemnification. <br /> 6.10.1 Lessee agrees to indemnify, defend and hold Lessor harmless from and <br /> against any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, <br /> damages or judgments, and all reasonable expenses incurred in investigating or resisting the <br /> same (including, without limitation, reasonable attorneys' fees and disbursements) to the extent <br /> arising or alleged to arise from: (a) injury to person or to property occurring within or about the <br /> Premises, the Regional Center or any other improvements on the Premises; (b) Lessee's, its <br /> employees', agents', invitees' or subtenant's acts or omissions relating to the use or occupancy <br /> of the Premises, the Regional Center, or any improvement on the Premises; (c) a breach or <br /> default by Lessee in the performance of any of its obligations under this Lease; or(d) Lessee's <br /> violation of any applicable law or statute relating to the Premises, the Regional Center or any <br /> other improvement on the Premises or their use or occupation; provided, however, that Lessor <br /> shall not be released from and shall indemnify, defend,protect and hold Lessee harmless from all <br /> damages, liabilities,judgments, actions, claims, attorneys' fees, consultants' fees, payments, <br /> costs and expenses to the extent arising from the negligent, reckless or intentionally tortious acts <br /> or omissions of Lessor, its employees or agents or through breach of Lessor's obligations under <br /> this Lease. <br /> 11 <br /> GROUND LEASE COE--EPFD <br />