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i0a:11-111 a <br />is named as co-defendant in a lawsuit in connection with this Lease, Tenant shall notify Lessor of <br />such fact and shall represent the County and/or Agency in such legal action unless County or Agency <br />undertakes to represent themselves as co-defendant in such legal action, in which event, Tenant shall <br />pay to Lessor their litigation costs, expenses, and reasonable attorneys' fees. If judgment is entered <br />against County and/or Agency and Tenant by a court of competent jurisdiction because of the <br />concurrent active negligence of County and/or Agency and Tenant, County, Agency and Tenant <br />agree that liability will be apportioned as determined by the court. Neither Party shall request a jury <br />apportionment. A judgment or other judicial determination regarding Lessor's negligence shall not <br />be a condition precedent to Tenant's obligations stated in this Section. <br />Tenant acknowledges that it is familiar with the language and provisions of California Civil Code <br />Section 1542 which provides as follows: <br />A general release does not extend to claims which the creditor or releasing party does not know or <br />suspect to exist in his or her favor at the time of executing the release and that if known by him or <br />her, would have materially affected his or her settlement with the debtor or released party. <br />Tenant, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its <br />provisions to the extent described in this paragraph. <br />The foregoing indemnity and defense obligations of this Lease shall survive its expiration or <br />termination. This Section 8.2 notwithstanding, indemnification with respect to Hazardous Materials <br />shall be governed by Section 4.4.4. <br />8.3 Damage to Tenant's Premises. Lessor shall not be liable for injury or damage which <br />may be sustained by the person, goods, wares, merchandise, or other property of Tenant, of Tenant's <br />employees, invitees, customers, or of any other person in or about the Premises or the Improvements <br />caused by or resulting from any peril which may affect the Premises or Improvements, including fire, <br />steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises or <br />the Improvements, whether such damage or injury results from conditions arising upon the Premises <br />or from other sources; provided, however, Lessor shall be liable for injury or damage under this <br />Section 8.3 resulting from County or Agency, their elected and appointed officials, officers, agents, <br />employees or contractor's gross negligence or willful misconduct. <br />ARTICLE IX <br />CONDEMNATION <br />9.1 Definitions. <br />9.1.1. "Condemnation" means (i) the taking or damaging, including severance <br />damage, by eminent domain or by inverse condemnation or for any public or quasi -public use under <br />any statute, whether by legal proceedings or otherwise, by a Condemnor (hereinafter defined), and <br />(ii) a voluntary sale or transfer to a Condemnor, either under threat of condemnation or while <br />condemnation legal proceedings are pending. <br />9.1.2. "Date of Tatting" means the later of (i) the date actual physical possession is <br />taken by the Condemnor; or (ii) the date on which the right to compensation and damages accrues <br />under the law applicable to the Premises. <br />Page133 <br />