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(f) Limitation of Indemnities. In compliance with RCW 4.24.115, as in effect <br /> on the Effective Date, all provisions of this Lease pursuant to which Landlord or Tenant <br /> ("Indemnitor") agrees to indemnify the other ("Indemnitee") against liability for damages <br /> arising out of bodily injury to persons or damage to property relative to the construction, <br /> alteration, repair, or improvement of the Lease Premises, (i) shall not apply to damages <br /> caused by or resulting from the sole negligence of the Indemnitee or the Indemnitee's <br /> agents or employees, and (ii) to the extent caused by or resulting from the concurrent <br /> negligence of(a) the Indemnitee or the Indemnitee's agents or employees, and (b) the <br /> Indemnitor or the Indemnitor's agents or employees shall apply only to the extent of the <br /> Indemnitor's negligence. As to claims between Indemnitor and Indemnitee arising from <br /> such injury or damage, Indemnitor hereby specifically and expressly waives any <br /> immunity that it may have under the Washington State Industrial Act Title 51 RCW, <br /> however it is not intended as a waiver of either party's rights of immunity under Title 51 <br /> for any other purpose. This provision was mutually negotiated by Landlord and <br /> Tenant. <br /> 17. Damage or Destruction. <br /> (a) Repair by Landlord. Landlord shall repair damages to the Building, <br /> Common Areas, and/or Premises caused by fire or other perils insured under Landlord's <br /> insurance policy, provided that if at least twenty percent (20%) of the Building, or twenty <br /> percent (20%) of the Common Areas, or fifty percent (50%) of the Premises are damaged <br /> or destroyed, Landlord shall determine within sixty (60) days of such damage or <br /> destruction whether it will repair, reconstruct or rebuild the damaged area(s) or whether it <br /> will terminate this Lease. Landlord shall give Tenant written notice of its intent within sixty <br /> (60) days from the date of damage. Upon the termination of this Lease, the parties shall <br /> be released without further obligation to the other as of the date the Premises are <br /> surrendered to Landlord, except for sums which have accrued or occurred as of that date, <br /> and are yet unpaid or uncured. <br /> (b) Abatement of Rent. In the event Landlord is obligated to or elects to repair <br /> and reconstruct the damage, the Rental payable under this Lease shall be abated from <br /> the date of the damage proportionately with the degree to which Tenant's use of the <br /> Premises is impaired; provided, that there shall be no abatement of Rent if such damage <br /> is the result of Tenant's act, omission or negligence or that of its agents, employees, <br /> sublessees, invitees or licensees. <br /> (c) Delay in Repair. If Landlord is delayed or prevented from repairing or <br /> reconstructing the damaged area(s) within ninety (90) days after the occurrence of the <br /> damage or destruction, Tenant may terminate this Lease upon written notice to the other <br /> given within thirty (30) days after the expiration of said ninety(90) day period. <br /> (d) Uninsured Damage. If the Premises is in excess of fifty percent damaged, <br /> and such damage is due to any cause other than fire or other peril covered by Landlord's <br /> 10 <br /> 2 '"1 <br /> �b <br />