Rosetta Stone 2014 Annual Report Download - page 146

Sub-Subtenant’s use of electricity in the Sub-Subleased Premises in excess of the Sub-Subleased Premises Standard Electrical
Capacity.
8. 
(a) Sub-Sublandlord shall not be liable for any damage to the Sub-
Subleased Premises or any injury to persons sustained by Sub-Subtenant or its employees, agents, invitees, guests, or other persons
caused by conditions or activities on the Sub-Subleased Premises or the Building (including, without limitation, the Cafeteria, Fitness
Center, Bike Room or Shower Facilities), or activities of Sub-Subtenant in or upon the Building (including, without limitation, use of
the Cafeteria, Fitness Center, Bike Room or Shower Facilities), except to the extent any loss, cost, damage or expense is attributable to
the gross negligence or intentional misconduct of Sub-Sublandlord or its agents or employees, and subject to the waiver of subrogation
provisions hereof and in the Sublease. Subject to the waiver of subrogation provisions set forth in subsection (b), below, except to the
extent caused by the negligence or willful misconduct of Sub-Sublandlord or its agents or employees, (each of the foregoing, an
“Indemnified Party”), Sub-Subtenant hereby indemnifies and saves harmless the non-negligent Indemnified Parties from any liability,
loss, cost or expense (including, without limitation, reasonable attorneys’ fees) arising out of (i) Sub-Subtenant’s use or occupancy of
the Sub-Subleased Premises, the Cafeteria, Fitness Center, Bike Room or Shower Facilities and (ii) Sub-Subtenant’s failure to keep,
observe or perform any of the terms, provisions, covenants, conditions and obligations on Sub-Subtenant’s part to be kept, observed or
performed under this Sub-Sublease. Subject to the waiver of subrogation provisions set forth in subsection (b), below, except to the
extent caused by the negligence or willful misconduct of Sub-Subtenant or Sublandlord, Sub-Sublandlord hereby indemnifies and
saves harmless Sub-Subtenant from any liability, loss, cost or expense (including, without limitation, reasonable attorneys’ fees) arising
out of Sub-Sublandlord’s failure to keep, observe or perform any of the terms, provisions, covenants, conditions and obligations on
Sub-Sublandlord’s part to be kept, observed or performed under this Sub-Sublease. Sub-Subtenant’s and Sub-Sublandlord’s obligation
hereunder shall survive the termination of this Sub-Sublease. Unless carried by Sublandlord, Sub-Subtenant shall carry all insurance, in
form and substance as required of Sub-Sublandlord under the Sub-Sublease.
(b) Notwithstanding anything to the contrary in this Sub-Sublease, whether the loss or
damage is due to the negligence of Sub-Sublandlord or its agents or employees, Sub-Subtenant hereby releases Sub-Sublandlord and
its agents and employees from responsibility for and waives its entire claim of recovery for (i) any and all loss or damage to the
personal property of Sub-Subtenant located in the Sub-Subleased Premises arising out of any of the perils which are covered by Sub-
Subtenant’s property insurance policy or which would be covered by an all-risk property insurance policy if such policy was obtained
by Sub-Subtenant, or (ii) loss resulting from business interruption at the Sub-Subleased Premises, arising out of any of the perils which
may be covered by the business interruption insurance policy carried by Sub-Subtenant or which would be covered by a business
interruption insurance policy with twenty-four (24) months coverage if such policy was obtained by Sub-Subtenant. Similarly,
notwithstanding anything to the contrary in this Sub-Sublease, whether the loss or damage is due to the negligence of Sub-Subtenant or
its agents or employees, Sub-Sublandlord hereby releases Sub-Subtenant and its agents and employees from responsibility for and
waives its entire claim of recovery for any and all loss or damage to personal property of Sub-Sublandlord located in the Sub-
Subleased Premises, arising out of any of the perils which are covered by any such property insurance or business interruption
insurance which Sub-Sublandlord obtains or would be covered if any such policy was obtained by Sub-Sublandlord. Sub-Sublandlord
and Sub-Subtenant shall each cause its respective insurance carrier(s) to consent to such waiver of all rights of subrogation against the
other, and to issue an endorsement to all policies of insurance obtained by such party confirming that the foregoing release and waiver
will not invalidate such policies. Sub-Subtenant shall only