16. INDEMNIFICATION
Landlord shall indemnify and save harmless Tenant and its parent,
subsidiaries and affiliates and their respective officers, directors,
employees and agents (herein collectively referred to as the "Indemnities")
from and against any and all suited, liabilities, obligations,
damages, penalties, claims, costs, charges and expenses, including
reasonable attorneys' fees, which may be imposed upon or incurred
by or asserted against Indemnities as a result of or arising out
of Landlord's failure to perform any covenant or agreement required
to be performed by Landlord under this Lease Agreement or caused
by the negligence or willful misconduct of Landlord, its agents,
employees or invitees. When the claim is caused by the joint negligence
or willful misconduct or Landlord and Indemnities or Landlord
and a third party unrelated to Landlord, except Landlord's agents,
employees, or invitees, Landlord's duty to indemnify and save
harmless Indemnities shall be in proportion to Landlord's allocated
share of the joint negligence or willful misconduct.
Tenant shall indemnify and save harmless Landlord and its parent,
subsidiaries and affiliates, Landlord's Property Manager and their
respective officers, directors employees and agents from and against
any and all liabilities, obligations, damages, penalties, claims,
costs, charges and expenses, including reasonable attorneys' fees,
which may be imposed upon or incurred by or asserted against Landlord
as a result of or arising out of Tenant's failure to perform any
covenant or agreement required to be perform by Tenant under this
Lease by reason of any occurrence, caused by the negligence or
willful misconduct of Tenant or its agents or its employees, invitees
and contractors, which arises out of Tenant's lease of the Premises
and its operations thereon.
When the claim is caused by the joint negligence or willful misconduct
of Tenant and Landlord or Tenant and a third party unrelated to
Tenant, except Tenant's agents, employees or invitees, Tenant's
duty to indemnify and save harmless Landlord shall be in proportion
to Tenant's allocable share of the joint negligence or willful
misconduct.
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