8869-16 Lease Agreement with Lakewood Child Care Center

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subcontractors, or other parties employed in connection with construction on the Premises). 8.2 Waiver of Liability: Except for the negligence or misconduct of Landlord, Tenant waives all claims against Landlord for damage to person or property sustained by Tenant or any person claiming through Tenant resulting from: (a) Any accident or occurrence upon the Premises or the Building, including the land and parking areas appurtenant thereto; (b) Wind, rain or other force of nature; (c) Any failure of plumbing, heating or air conditioning equipment, electrical wiring or equipment, or gas or water pipes; (d) Broken glass; (e) The leaking or backing up of any sewer pipe, gutter or downspout; (f) The bursting, leaking or running of any tank, tub, washstand, water closet, waste pipe, drain or other pipe or tank in, upon or about the Building or the Premises; (g) The escape of gas or hot water; (h) Water, snow or Ice being upon or coming through the roof, stairs, doorways, foundations, walks, or any other place upon or near the Building, the Property or the Premises; (i) Falling of any fixture, plaster, the or stucco; and (j) Any act, omission or negligence of any tenant, licensee, trespasser, tortfeasor, or other person in or about the Building and the parking areas. 9. INSURANCE 9.1 Building and Property Insurance: Landlord shall at all times throughout the Term either self- insure, or shall maintain fire, extended coverage and casualty insurance covering the Building in an amount or amounts not less than ninety percent (90 %) of the full replacement cost of the Building, Tenant shall maintain insurance on Its property in the Premises in an amount equal to the full insurable value thereof. 9.2 Waiver of Subrooc ation: Landlord and Tenant hereby waive all rights of recovery and causes of action which either has or may have or which may arise hereafter against the other, whether caused by negligence, Intentional misconduct or otherwise, for any damage to the Premises, or the Building, or any other property or business caused by any of the perils covered by a standard fire insurance policy with extended coverage, vandalism and malicious mischief endorsements, building and contents and business interruption (if applicable) Insurance, or for which either party may be reimbursed as a result of insurance coverage affecting any loss suffered by it;