Carbonite 2011 Annual Report Download - page 131

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14.1 Waivers .
14.1.1 Tenant hereby waives its rights against the Landlord Group with respect to any claims, damages or losses for bodily injury to persons
and/or damage to any Tenant’s Personal Property, which are caused by or result from (i) risks insured against under any insurance policies which are
required to be obtained and maintained by Tenant under this Lease, and were, in fact, carried by Tenant at the time of such claim, damage, loss or injury,
or (ii) risks which would have been covered under any insurance required to be obtained and maintained by Tenant under this Lease had such insurance
been obtained and maintained as required, including all such claims, damages and losses, which are caused by or result from the negligence or willful
misconduct of any member of the Landlord Group. The foregoing waivers shall be in addition to, and not a limitation of, any other waivers or releases
contained in this Lease.
14.1.2 Landlord hereby waives its rights against the Tenant Group with respect to any claims, damages or losses for bodily injury to persons
and/or for damage to the Building, the Property and/or Landlord’s equipment and fixtures, which are caused by or result from (i) risks insured against
under any insurance policies which are required to be obtained and maintained by Landlord under this Lease and that were, in fact, carried by Landlord
at the time of such claim, damage, loss or injury, or (ii) risks which would have been covered under any insurance required to be obtained and
maintained by Landlord under this Lease had such insurance been obtained and maintained as required, including all such claims, damages and losses,
which are caused by or result from the negligence or willful misconduct of any member of the Tenant Group. The foregoing waivers shall be in addition
to, and not a limitation of, any other waivers or releases contained in this Lease.
14.2 Indemnifications.
14.2.1 Indemnification by Tenant .
14.2.1.1 To the maximum extent permitted law, but subject to Sections 9.3 and 14.1, Tenant hereby agrees to indemnify, defend, and
hold harmless Landlord and the other members of the Landlord Group from and against (and to reimburse Landlord and the other members of the
Landlord Group for) any and all Claims arising from and/or in connection with:
(i) the use or occupancy of the Tenant Space or any portion of the Building or the Property by Tenant or any other Tenant Party
and/or any person claiming by, through or under Tenant or any other Tenant Party, including:
(a) Claims related to any Colocation Agreement;
(b) the acts or omissions of any Colocating Party;
(c) the payment (or non-payment) of Taxes – Equipment;
(d) the malfunctioning Tenant’s Security System;
(e) Claims related to any of Tenant’s Personal Property;
(f) Claims by any Tenant Party (or any individual accessing the Tenant Space on any Tenant Party’s behalf) for bodily injury;
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14.
WAIVERS; INDEMNIFICATION; CONSEQUENTIAL DAMAGES; LIENS
.