|
KITTITAS COUNTY
<br />caused by or results from fire, steam, electricity, gas, water or rain or from the
<br />breakage, leakage, obstruction or other defects of pipes, sprinklers, wires,
<br />appliances, plumbing, or from any other cause, whether said damage or injury
<br />results from conditions arising upon the Premises or upon other portions of the real
<br />Property of which the Premises are a part or from other sources or places, and
<br />regardless of whether the cause of such damage or injury or the means of repairing
<br />the same is inaccessible to Lessor or Lessee.
<br />e. Lessor shall not be liable for any damages arising from any act or negligence of any
<br />other Tenant, if any, of the Property of which the Premises are a part.
<br />f. Concurrent Negligence: Notwithstanding the provisions above, in the event of the
<br />concurrent negligence of the Lessee and Lessee's Associates on the one hand and
<br />that of Lessor and Lessor's Associates on the other hand, which concurrent negligence
<br />results in injury or damage to persons or property and relates to the use, occupation,
<br />construction, alteration, repair, addition to, subtraction from, improvement to or
<br />maintenance of the Premises, then: Lessee's obligation to indemnify Lessor as set
<br />forth herein shall be limited to the extent of Lessee's negligence, and that of Lessee's
<br />Associates, including Lessee's proportional share of costs, attorneys' fees, and
<br />expenses incurred in connection with any claim, action or proceeding brought with
<br />respect to such injury or damage; and Lessor's obligation to indemnify Lessee as set
<br />forth herein shall be limited to the extent of Lessor's negligence, and that of Lessor's
<br />Associates, including Lessor's proportional share of costs, attorneys' fees, and
<br />expenses incurred in connection with any claim, action or proceeding brought with
<br />respect to such injury or damage.
<br />THE LESSOR AND LESSEE SPECIFICALLY AGREE THAT THE PROVISIONS OF
<br />THIS SECTION 8 ALSO APPLY TO ANY CLAIM OF INJURY OR DAMAGE TO THE
<br />PERSONS OR PROPERTY OF THE LESSOR AND LESSEE'S RESPECTIVE
<br />EMPLOYEES, AND LESSOR AND LESSEE, AND EACH OF THEM, SEPARATELY
<br />ACKNOWLEDGES AND AGREES THAT, AS TO SUCH CLAIMS, EACH AS TO THE
<br />OTHER DOES HEREBY WAIVE ANY RIGHT OF IMMUNITY WHICH THEY MAY HAVE
<br />UNDER INDUSTRIAL INSURANCE (TITLE 51 RCW AS AMENDED AND UNDER ANY
<br />SUBSTITUTE OR REPLACEMENT STATUTE). THIS WAIVER AND AGREEMENT WAS
<br />SPECIFICALLY NEGOTIATED BY LESSOR AND LESSEE AND IS SOLELY FOR THE
<br />BENEFIT OF LESSOR AND LESSEE AND THEIR SUCCESSORS AND ASSIGNS AND
<br />IS NOT INTENDED AS A WAIVER OF EITHER'S RIGHTS OF IMMUNITY UNDER SAID
<br />INDUSTRIAL INSURANCE FOR ANY OTHER PURPOSE.
<br />15. NON-DISCRIMINATION: To the extent required by law, Lessee, for itself, its personal
<br />representative, successors in interest and assigns, as a part of the consideration hereof,
<br />does hereby covenant and agree as follows:
<br />a. No person, on the grounds of race, color, religion, sex, age, marital status, handicap or
<br />national origin, shall be unreasonably excluded from participation in, denied the
<br />PAGE 8
<br />
|