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but such consent will not be unreasonably withheld or unduly delayed if Landlord grants its consent <br /> • thereto. Sublessor may require Sublessee, at the end of the term and at Sublessee's expense, to <br /> remove all alterations and improvements made by Sublessee and to repair any damage caused by <br /> such removal. <br /> (8) Liability of Sublessor; Assignment of Right of Action. Sublessor shall have no <br /> responsibility whatsoever with respect to the Subleased Premises or the condition thereof;provided, <br /> however, that the subleased premises shall be habitable. Sublessor shall not be liable for any <br /> nonperformance of or noncompliance with or breach or failure to observe any term, covenant or <br /> condition of the Prime Lease upon Landlord's part to be kept, observed, performed or complied <br /> with, or for any delay or interruption in Landlord's performing its obligations thereunder. Sublessor <br /> hereby assigns unto Sublessee, for so long as this Sublease shall be in force and effect, any and all <br /> rights and causes of action which it may have against Landlord with respect to the Subleased <br /> Premises due to defaults by Landlord under the Prime Lease. Sublessor agrees to cooperate with <br /> and join Sublessee in claims or suits brought by Sublessee against Landlord under the Prime Lease, <br /> provided that the costs and expenses of such participation shall be borne by Sublessee. <br /> (9) Insurance; Indemnification. Sublessee shall continuously maintain public liability <br /> insurance with respect to death or injury to persons and damage to or destruction of property <br /> occurring at or about the Subleased Premises. Such policy of insurance shall be in form and amount <br /> reasonably satisfactory to Sublessor, shall name Sublessor and/or Landlord as an additional insured <br /> party and shall be delivered to Sublessor. Sublessee hereby agrees to indemnify and hold harmless <br /> Sublessor from, and shall reimburse Sublessor for, all costs and expenses, including reasonable legal <br /> • expenses, incurred by Sublessor in connection with the defense of all claims and demands of third <br /> persons, whether or not suit is brought, including but not limited to those for death, for personal <br /> injuries, or for property damage, arising out of any default of Sublessee in performing or observing <br /> any term, covenant, condition or provision of this Sublease, or out of the use or occupancy of the <br /> Subleased Premises by the Sublessee, or out of any of the acts or omissions of the Sublessee, its <br /> agents, representatives, employees, customers, guests, invitees or other persons who are doing <br /> business with Sublessee or who are at the Subleased Premises with Sublessee's consent. Sublessee, <br /> for itself and its insurers, hereby further expressly waives all claims against Sublessor for any and all <br /> damages to persons or property caused by or resulting from sublessee's negligence. Sublessee agrees <br /> that said insurance policies shall contain waiver of subrogation rights against Sublessor. <br /> (10) Termination; Surrender of Subleased Premises. This Sublease shall terminate at the <br /> end of the term hereof or upon any default arising under the Prime Lease without the necessity of <br /> any notice from either Sublessor or Sublessee to terminate the Sublease. Sublessee hereby agrees <br /> that they will peacefully and quietly vacate and surrender the Subleased Premises to the Sublessor at <br /> the expiration of the term,in as good order and repair as required under this Sublease and the Prime <br /> Lease, normal wear and tear excepted. It is further understood and agreed by and between the <br /> parties hereto that existence of this Sublease is dependent and conditioned upon the continued <br /> existence of the Prime Lease, and in the event of the cancellation or termination of said Prime <br /> Lease, this Sublease automatically shall be terminated except for the return of any prepaid rent in any <br /> form whatsoever. Sublessor shall have no liability to Sublessee due to the termination of the Prime <br /> Lease by reason of any default by Sublessee hereunder, by reason of any condemnation or <br /> destruction of the Subleased Subleased Premises, or by any other reason not within the control of <br /> • Sublessor. <br /> 3 <br />