COM 0726.001 2006-2008 - Laserfiche WebLink

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anything herein to the contrazy, all air conditioning systems and equipment, air handlers and ducts servicing the Premises shall be and remain the property of the Lessor. ARTICLE IX NON-LIABILITY OF LESSOR Section 9.01. Assumption of Risk by Lessee. Lessor shall not be liable to Lessee for any damages occasioned by electricity, plumbing, gas, water, sprinkler or other pipes and sewage system or by the bursting, leaking or overflowing or running of any tank, washstand, closet or waste or other pipes in or about the Premises or the building of which they are a part, nor for any damage occasioned by water coming into the Premises for any source whatsoever or for any damage arising from any act of neglect of a co-Lessee, or other occupants of the Project, or of adjacent property, or the public. All property of Lessee kept or stored on the Premises shall be so kept or stored at the risk of Lessee only, and Lessee shall hold Lessor harmless from any claims arising out of damage to the same including subrogation claims by Lessee's insurance carriers unless such damage shall be caused by the willful act or gross neglect of Lessor. ARTICLE X INSURANCE Section 10.01. Liability Insurance; Business Interruption Insurance; County As Self Insured Entity: Public Liability and Property Damage. Lessor and County acknowledge and agree that County is aself-insured political subdivision of the state of Hawaii, and as such, shall not be required to obtain or maintain any insurance policy whatsoever. Section 10.02. Lessee's Liability for Increased Fire Insurance. Lessee agrees that it will not keep, use, sell or offer for sale in or upon the Premises any article which may be prohibited by the standard form of fire insurance policy. Lessee agrees to pay as additional rental any increase in premiums for fire and extended coverage insurance that may be charged during the Term on the amount of such insurance to be carried by Lessor on the Premises or the building of which the Premises aze part, resulting from a change in the type of merchandise sold in the Premises by Lessee, whether or not Lessor has consented to the same. Section 10.03. Indemni£?cation of Lessor. Lessee will indemnify Lessor and Lessor's agents and save Lessor harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property azising from or out of any occurrence in, upon or at the Premises, or arising out of the occupancy or use by Lessee of the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Lessee, its agents, contractors, employees, servants, sublessees or concessionaires, but excepting acts which are wholly or partially attributable to Lessor's willful act or gross negligence. Section 10.04. Waiver of Subrogation. Notwithstanding anything herein to the contrary, the parties release each other, and their respective authorized representatives, from any claims for damage to any person or to the Premises or to the fixtures, personal property, Lessee's improvements and alterations of either Lessor or Lessee in or on the Premises that aze caused by 12