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from time to time, will cause its insurers to issue appropriate waiver of subrogation rights
<br />endorsements to all property insurance polices canied in connection with the Land or the
<br />contents of the Building or the Premises.
<br />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
<br />or 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
<br />and finaily awarded, arising out of or in any way attributable to any such act, omission or neglect
<br />of any kind or nature. Subtenant, its agents, employees or invitees and their respective officers,
<br />directors and shareholders and employees shall not be liable to Sublessor or to Sublessor's
<br />employees, agents, or invitees for any damage to person or property caused solely and
<br />exclusively by any act, omission or neglect of Sublessor, its employees or agents and Sublessor
<br />agrees to indemnify and hold harmless Subtenant from all claims for such claims.
<br />17. Casualtv. If the Building or any systems serving the Building or the Premises are damaged
<br />by fire or other casualty, Sublessor shall, within forty five (45) business days of such casualty,
<br />notify Subtenant (the "Sublessor's Notice") whether or not in the reasonable determination of
<br />Sublessor, the damage can be repaired within 180 days of such notice (the "Restoration Period").
<br />If repairs and restoration cannot be completed within the Restoration Period either party may, at
<br />its option, within 90 days of receipt of the Landlord's Notice, terminate this Sublease effective as
<br />of the date of the other party's receipt of such notice of termination (but Subtenant shall be
<br />afforded a reasonable period of time (not to exceed 30 days) to vacate the Premises) and all Rent,
<br />Additional Rent or other sums due, abated in proportion to the portion of the Premises rendered
<br />unsuitable for use as provided below, shall be prorated as of that date. If the repairs and
<br />restoration can be accomplished within the Restoration Period, or if the repairs cannot be done
<br />within the Restoration Period and neither party chooses to terminate this Sublease, Sublessor
<br />shall, within 30 days after the date of Sublessor's Notice, commence the repairs and restoration
<br />and proceed with all due diligence to restore the Building or the Premises to substantially the
<br />same condition in which it was immediately prior to the happening of the casualty. As soon after
<br />Sublessor commences the repairs and restoration as is practical, Subtenant shall commence and
<br />pursue to completion the repair and restoration or replacement of SubtenanYs fixriues and
<br />personal property. Each party shall proceed with their respective work in a timely and diligent
<br />manner using the same or better quality materials as existing prior to the casualty, and they shall
<br />use their best efforts not to interfere with, annoy or inconvenience the other party. For such
<br />period of time as Subtenant cannot conduct its business from the Premises in a reasonable,
<br />prudent and businesslike manner as a result of the condition of the Building or Premises, the
<br />services to the Building, or caused by an interruption thereof because of reconstruction activities,
<br />all Rent and Additional Rent shall abate. To the extent and during the time that only a portion of
<br />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 shal] receive a fair
<br />diminution 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
<br />business day period as to whether or not the damage can be repaired within the Restoration
<br />~" 1
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