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<br />any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord
<br />resulting therefrom. Tenant agrees that any proceedings necessary to recover possession of the
<br />Leased Premises, whether before or after expiration of the Term, s hall be considered an action
<br />to enforce the terms of this Lease for purposes of the awarding of any attorney’s fees in
<br />connection therewith.
<br />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,
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