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and from and against all costs, reasonable attorneys’ fees, expenses and liabilities incurred in or
<br />about such claim or any action or proceeding brought thereon. Neither LESSOR nor LESSOR’s
<br />Associates shall be liable for any loss or damage to persons or property sustained by LESSEE, or
<br />other persons, which may be caused by the PREMISES, or any appurtenances thereto, being out
<br />of repair, or by theft or by any act of neglect or omission of LESSEE or LESSEE’s Associates, or
<br />of any other person, or by any other cause of whatsoever nature, unless caused by the negligence
<br />of LESSOR or LESSOR’s Associates.
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<br />10.2 Indemnity by LESSOR:
<br />
<br />Subject to the provisions of Section 10.4 below, LESSOR will save and hold LESSEE,
<br />and LESSEE’s Associates harmless from and against all loss, damage, liability or expense,
<br />including reasonable attorneys’ fees, resulting from, claimed by or against or incurred by LESSEE
<br />or arising from any injury to any person or loss of or damage to any property caused by or resulting
<br />from any negligent act or omission or willful misconduct of LESSOR or of LESSOR’s Associates
<br />in or about the PREMISES or AIRPORT or arising from or incurred by reason of any breach or
<br />default in the performance of any obligation on LESSOR’s part to be performed under the terms
<br />of this LEASE and from and against all costs, reasonable attorneys’ fees, expenses and liabilities
<br />incurred in or about such claim or any action or proceeding brought thereon. Neither LESSEE nor
<br />LESSEE’s Associates shall be liable for any loss or damage to persons or property sustained by
<br />LESSOR, or other persons, which may be caused by the AIRPORT, or any appurtenances thereto,
<br />being out of repair, or by theft or by any act of neglect or omission of LESSOR or LESSOR’s
<br />Associates, or of any other person, or by any other cause of whatsoever nature, unless caused by
<br />the negligence of LESSEE or LESSEE’s Associates.
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<br />10.3 LESSEE’S Use:
<br />
<br />LESSEE shall indemnify and hold harmless LESSOR and LESSOR’s Associates
<br />against and from any and all claims, liability, obligation, cost or expense, including attorneys’
<br />fees, incurred or arising from or by reason of the use of the PREMISES by LESSEE or LESSEE’s
<br />Associates from any activity, work, or thing done, permitted or suffered by the LESSEE or
<br />LESSEE’s Associates in or about the PREMISES, and shall further indemnify and hold harmless
<br />LESSOR and LESSOR’s Associates against and from any and all claims, liabilities, costs,
<br />obligations and expenses, including attorneys’ fees, arising from or incurred by reason of any
<br />breach or default in the performance of any obligation on LESSEE’s part to be performed under
<br />the terms of this LEASE and from and against all costs, attorneys’ fees, expenses and liabilities
<br />incurred in or about such claim or any action or proceeding brought thereon.
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<br />10.4 Concurrent Negligence:
<br />
<br />Notwithstanding the provisions of Sections 10.1 or 10.2 above, in the event of the
<br />concurrent negligence of the LESSEE and LESSEE’s Associates on the one hand and that of
<br />LESSOR and LESSOR’s Associates on the other hand, which concurrent negligence results in
<br />injury or damage to persons or property and relates to the use, occupation, construction, alteration,
<br />repair, addition to, subtraction from, improvement to or maintenance of the PREMISES, then:
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