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administrative or otherwise, against or affecting Lessor arising out of or pertaining to the <br /> performance of non-performance of any duty by Lessee under the terms and provisions of the <br /> within Lease. <br /> This paragraph does not purport to indemnify the Lessor against liability for damages <br /> arising out of bodily injury to persons or damages caused by or resulting from the sole <br /> negligence of the Lessor, its officers, employees and agents; provided, that if the claims or <br /> damages are caused by or result from the concurrent negligence of(a)the Lessor, its officers, <br /> employees or agents, and(b) Lessee, its employees, officers, subcontractors, sublicensees, <br /> successors or assigns,this indemnity provision shall be valid and enforceable to the extent <br /> permitted by law.Notwithstanding the foregoing, Lessee shall not indemnify the Lessor to the <br /> extent of his negligence or that caused by its officers, employees and agents in the event of <br /> concurrent negligence. <br /> 6. LIABILITY INSURANCE: The Senate and House of Representatives are self- <br /> insured entities and insured through the statutory risk pool of the State of Washington. Upon <br /> request, each shall produce proof of such self-insurance to the Lessor. Recovery may be sought <br /> through the Secretary of the Senate and Chief Clerk of the House of Representatives for any <br /> injury or loss arising under this lease due to the negligent or wrongful act or omission of Lessee <br /> or any of Lessee's employees acting within an official scope and capacity. <br /> 7. SUBLETTING AND ASSIGNMENT. Lessee shall not sublet the whole or any part <br /> of said Premises, nor assign this lease, or any part thereof without the prior written consent of <br /> Lessor. <br /> 8. CASUALTY REBUILDING CONDEMNATION. In the event the building of <br /> which the Premises are a part shall be destroyed or damaged by fire or other causes (and <br /> regardless of the extent of the damage to the Premises)to such an extent that the Lessor shall <br /> decide to discontinue the operation of the building as an office building, which decision shall be <br /> communicated to Lessee within thirty (30) days after such damage or destruction,then this lease <br /> shall be terminated as of the date of such damage or destruction. In the event of damage to the <br /> Premises by fire or other causes, other than under the circumstances described in the preceding <br /> sentence, Lessor shall repair the Premises within a reasonable time and as quickly as <br /> circumstances will permit upon the same plan as immediately before the damage or destruction. <br /> Until the Premises are repaired and put in a good and tenantable order,the rents herein provided <br /> for, or a fair and just proportion thereof according to the nature and extent of the damage <br /> sustained, shall be abated until the Premises shall have been restored to the same condition as <br /> they were before such damage or destruction. <br /> In the event that the Premises are not usable as contemplated in this agreement for over <br /> sixty(60) days due to the damage, Lessee shall have the right to terminate the lease. <br /> If the property or any part thereof wherein the Premises are located shall be taken by <br /> public or quasi-public authority under any power of eminent domain or condemnation, this lease, <br /> at the option of the Lessor and/or Lessee shall forthwith terminate and Lessee shall have no <br /> claim or interest in or to any award of damages for such taking. <br /> 9. WAIVER OF SUBROGATION. Lessor and Lessee each mutually release the other <br /> from every right, claim and demand which may hereafter arise in favor of either arising out of or <br /> in connection with any loss occasioned by fire and such other perils as are included in the <br /> provisions of the normal extended coverage clauses of fire insurance policies, and do hereby <br /> waive all rights of subrogation in favor of insurance carriers arising out of any such losses and <br /> sustained by either the Lessor or the Lessee in or to the Premises or any property therein. <br /> 3 <br />