LESSEE, in its sole discretion, determines that the use the Premises is obsolete or unnecessary, LESSEE
shall have the right to terminate this Agreement. Notice of LESSEE’s exercise of its right to terminate
shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective
upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All
rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this
Agreement shall be of no further force or effect except to the extent of the representations, warranties,
and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no
further obligations for the payment of rent to LESSOR. If LESSEE terminates this Agreement before full
reimbursement of the Project Costs, it shall forfeit its right to recover the balance of the Project Costs
remaining unreimbursed as of that time.
9, INDEMNIFICATION. Subject to Paragraph 10 below, each Party shall indemnify and
hold the other harmless against any claim of liability or loss from personal injury or property damage
resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its
employees, contractors, or agents, except to the extent such claims or damages may be due to or caused
by the negligence or willful misconduct of the other Party, or its employees, contractors or agents.
10. INSURANCE.
a. The Parties hereby waive and release any and all rights of action for negligence
against the other which may hereafter arise on account of damage to the Premises or to the Property,
resulting from any fire, or other casualty of the kind covered by fire insurance policies carried by the
Parties. These waivers and releases shall apply between the Parties and they shall also apply to any
claims under or through either Party as a result of any asserted right of subrogation. All such policies of
insurance obtained by either Party concerning the Premises or the Property shalt waive the insurer’s right
of subrogation against the other Party.
b. LESSEE agrees that at its own cost and expense, it will maintain commercial
general liability insurance with limits not less than $2,000,000 for injury to or death of one or more
persons in any one occurrence and $1,000,000 for damage or destruction to property in any one
occurrence; or $3,000,000 combined single limit coverage for bodily injury and property damage.
LESSEE agrees that it will include the LESSOR as an additional insured.
Ii. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 9
and 31, neither Party shall be liable to the other, or any of their respective agents, representatives,
employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive,
indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if
advised of the possibility of such damages, whether under theory of contract, tort (including negligence),
strict liability or otherwise.
12. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein,
provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall
have the right to terminate this Agreement upon the annual anniversary of the Commencement Date
provided that three (3) months prior notice is given to LESSOR. .
13. [INTENTIONALLY DELETED.]
