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16, Indemnification /Hold Harmless. Sublessor, its partners, representatives, agents, and their
<br />respective officers and employees, shall not be liable to Subtenant, its officers, directors,
<br />shareholders, agents, servants, employees, customers or invitees, for any damage to person or
<br />property (including without limitation death or disfigurement) occurring on the Land caused by or
<br />attributable to any act, omission or neglect of Subtenant or its agents, employees or invitees,
<br />Subtenant agrees to indemnify and hold harmless Sublessor from all damages, claims, costs and
<br />expenses (including without limitation, attorney's fees and other legal costs) as they are incurred and
<br />finally awarded, arising out of or in any way attributable to any such act, omission or neglect of any
<br />[rind or nature. Subtenant, its agents, employees or invitees and their respective officers, directors
<br />and shareholders and employees shall not be liable to Sublessor or to Sublessor's employees, agents,
<br />or invitees for any damage to person or property caused solely and exclusively by any act, omission or
<br />neglect of Sublessor, its employees or agents and Sublessor agrees to indemnify and hold harmless
<br />Subtenant from all claims for such claims.
<br />17. Casualty. If the Building or any systems serving the Building or the Premises are damaged by
<br />fire or other casualty, Sublessor shall, within forty five (45) business days of such casualty, notify
<br />Subtenant (the " Sublessor's Notice ") whether or not in the reasonable determination of Sublessor, the
<br />damage can be repaired within 180 days of such notice (the "Restoration Period"), If repairs and
<br />restoration cannot be completed within the Restoration Period either party may, at its option, within
<br />90 days of receipt of the Landlord's Notice, terminate this Sublease effective as of the date of the
<br />other party's receipt of such notice of termination (but Subtenant shall be afforded a reasonable period
<br />of time (not to exceed 30 days) to vacate the Premises) and all Rent, Additional Rent or other sums
<br />due, abated in proportion to the portion of the Premises rendered unsuitable for use as provided
<br />below, shall be prorated as of that date. If the repairs and restoration can be accomplished within the
<br />Restoration Period, or if the repairs cannot be done within the Restoration Period and neither party
<br />chooses to terminate this Sublease, Sublessor shall, within 30 days after the date of Sublessor's
<br />Notice, commence the repairs and restoration and proceed with all due diligence to restore the
<br />Building or the Premises to substantially the same condition in which it was immediately prior to the
<br />happening of the casualty. As soon after Sublessor commences the repairs and restoration as is
<br />practical, Subtenant shall commence and pursue to completion the repair and restoration or
<br />replacement of Subtenant's fixtures and personal property. Each party shall proceed with their
<br />respective work in a timely and diligent manner using the same or better quality materials as existing
<br />prior to the casualty, and they shall use their best efforts not to interfere with, annoy or inconvenience
<br />the other party, For such period of time as Subtenant catumt conduct its business from the Premises
<br />in a reasonable, prudent and businesslike manner as a result of the condition of the Building or
<br />Premises, the services to the Building, or caused by an interruption thereof because of reconstruction
<br />activities, all Rent and Additional Rent shall abate. To the extent and during the time that only a
<br />portion of the Premises is tenantable and to the extent that Subtenant is able to conduct its business
<br />therefrom in a reasonable, prudent and businesslike manner, Subtenant shall receive a fair diminution
<br />of Rent based on an estimated percentage of unusable space in the Premises,
<br />In the event Sublessor fails to deliver to Subtenant a Landlord's Notice within the required 45 business
<br />day period as to whether or not the damage can be repaired within the Restoration Period, Tenant
<br />shall have the right any time after the expiration of the 45 business day notice period to terminate this
<br />Lease as of the date of the casualty.
<br />Page 5 of 10
<br />Attachment number 1 \n
<br />F -2 Page 58
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