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9. REPAIRS, ALTERATIONS AND DAMAGES <br />Tenant shall, at Tenant's sole cost and expense, maintain the Premises and every <br />part thereof in satisfactory condition. Tenant shall be liable for the cost of any repairs <br />to the premises of damages caused by misuse or negligence of Tenants or their <br />guests or invitees. Tenants shall give prompt notice to Landlord upon discovery of <br />any damages, defects or dangerous conditions, fire or accidents observed by Tenant <br />on the Premises. <br />10. ASSIGNMENT AND SUBLETTING <br />Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage, <br />pledge or encumber this Lease or any interest therein and shall not sublet said <br />Premises or any part thereof, or any right to or privilege appurtenant thereto, or allow <br />any other person (the employees, agents, servants, and invitees of Tenant <br />excepted) to occupy or use said Premises, or any portion thereof, without the prior <br />written consent of the Landlord. <br />11. HOLD HARMLESS <br />Tenant shall indemnify the Landlord from and against any and all claims, liabilities, <br />liabilities for injury or death of any person, for loss or damage to property, suits, <br />causes of actions or proceedings of any kind or nature, losses or damages including <br />attorneys' fees and costs of defense, which the Landlord may incur arising out of the <br />negligence, error, omission, intentional acts, or other cause arising out of or resulting <br />from the use of Premises, or from the conduct of Tenant's business, or from any <br />activity, work or thing done, permitted, or suffered by Tenant in or about the <br />Premises, except only such injury or damage as shall have been occasioned by the <br />sole negligence of the Landlord. The obligation to indemnity and hold harmless <br />specifically includes demands, suits, claims, costs, attorney's fees, expenses and <br />liabilities incurred by any such claim or any action or proceeding brought thereon <br />and, in any case, action or proceeding brought against Landlord by reason of any <br />such claim, arising from the negligent acts or omissions by the Tenant, guest or <br />invitee of Tenant, or any breach or default in the performance of any obligation on <br />Tenant's part under the terms of this Lease <br />12.ATTORNEYS' FEES. Should it become necessary for Landlord to employ an <br />attorney to enforce any of the conditions or covenants hereof, including the <br />collection of rentals or gaining possession of the Premises, Tenant agrees to pay <br />all expenses so incurred, including a reasonable attorneys' fee. <br />In the event any action or proceeding is brought by Landlord to enforce any terms of <br />this Agreement, to declare rights under this Agreement, or to recover possession of <br />the Premises, or in any litigation concerning or arising under this Agreement, <br />Landlord shall recover from Tenant reasonable costs and attorney's fees incurred in <br />such action. <br />Page 3 of 8 <br />