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Section 15. Lessor's Exculpation and Indemnity
<br />15.1 Lessee is and shall be in exclusive control of the Premises and of the Improvements,
<br />and Lessor shall not in any event whatsoever be liable for:
<br />(a) any loss, damage, claim or obligation or for any injury or damage to any property
<br />or to any person happening on, in, or about the Premises or the Improvements; or
<br />(b) any mjury or damage to the Premises or the Improvements or to any property,
<br />whether belonging to Lessee or to any other person; or
<br />(c) any loss, damage, claim or obligation or for any injury or damage arising out of
<br />or relating to the presence or suspected presence of any Hazardous Substance in, on or under the
<br />Premises; or
<br />(d) any loss, damage, claim or obligation or for any injury or damage arising out of
<br />or relating to the operation of the transit system by the Salem Area Mass Transit District (or its
<br />successors in interest) to the extent that such transit operation is conducted in a manner reasonably
<br />consistent with usual and customary practices of transit system operations; or
<br />(e) from any kind of injury that may arise from any other cause whatsoever on the
<br />Premises or in or on the Improvements,
<br />from any cause whatsoever including, without limitation, from
<br />(a) fire, breakage, leakage, defect, or any condition of any part or portion of the
<br />Premises or of the Improvements, or
<br />(b) from steam, gas, electricity, water, rain, or snow that may leak into, issue, or flow
<br />from any part of the Premises or the Improvements from the drains, pipes, or plumbing work of the
<br />same, or from the street, subsurface, or any place or quarter, or
<br />(c) due to the use, misuse, or abuse of all or any of the Improvements.
<br />15.2 Lessee shall indemnify and hold Lessor harmless against and from all liabilities,
<br />obligations, damages, penalties, claims, costs, charges, and expenses, including reasonable architect and
<br />~ attorney fees, that may be imposed on or incurred by or asserted against Lessor by reason of any of the
<br />followmg occurrences during the Term:
<br />( a) Any work or thing done in, on, or about all or any part of the Premises or the
<br />Improvements by Lessee or any party other than Lessor;
<br />(b) Any use, nonuse, possession, occupation, condition, operation, maintenance,
<br />or management of all or any part of the Premises or the Improvements or any adjacent alley, sidewalk,
<br />curb, vault, passageway, or space;
<br />(c) Any negligence on the part of Lessee or any of its agents, contractors,
<br />servants, employees, sublessees, licensees, or invitees;
<br />(d) Any accident, injury, or damage to any person or property occurring in, on,
<br />or about the Premises or the Improvements; or
<br />(e) Any failure on the part of Lessee to perform or comply with any of the
<br />covenants, agreements, terms, provisions, conditions, or limitations contained in this Lease on its part to
<br />be performed or complied with.
<br />15.3 In case any action or proceeding is brought against Lessor by reason of any such
<br />claim, Lessee upon written notice from Lessor shall, at Lessee's expense, resist or defend such action or
<br />proceeding by counsel approved by Lessor in writing, which approval shall not be unreasonably
<br />withheld. Lessor shall not make any claim against Lessee with respect to any of such risks as to which
<br />Lessee has furnished Lessor with insurance policies or certificates of insurance evidencing coverage of
<br />such risks unless and until the insurer fails or refuses to defend and/or pay all or any part of a
<br />third-party claim.
<br />Ground Lease Courthouse Square
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