or delivery of the utility service) with a utility service provider of Landlords choosing. Tenant shall fully cooperate with Landlord and any utility service provider selected by Landlord. Tenant shall permit Landlord and the utility service provider to have reasonable access to the Premises and the utility equipment serving the Premises, including lines, feeders, risers, wiring, pipes, and meters. Tenant shall either pay or reimburse Landlord for all costs associated with any change of utility service, including the cost of any new utility equipment, within ten (10) days after Landlords written demand for payment or reimbursement. Under no circumstances shall Landlord be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenants needs, or for any failure, interference, or defect in any utility service. No such change, failure, interference, or defect shall constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement of rent, or relieve Tenant from any of Tenants obligations under this Lease.
9.6 The Landlord, at the sole cost and expense of Tenant, shall install a sub-meter or sub-meters to measure the electricity used and consumed by the Tenant in the Tenants server room within the Premises, including the electricity consumed and used by all air conditioning and ventilation systems, lighting and computer equipment serving or located within the server room. The cost of such electricity shall equal the KW and KWh rates charged to the Landlord by the utility company (including the transport company and the supplying company) serving the Building as applied to the monthly sub-meter(s) reading (Electricity Charge). The Tenant shall pay to the Landlord the cost of any charge incurred by the Landlord for the reading of the sub-meter(s) and for the calculation of the electricity charge. All of the charges set forth in this paragraph shall be deemed to be Additional Rent.
10. EXCULPATION AND INDEMNIFICATION.
10.1 Limitation on Liability. Landlord shall not be liable to Tenant for any loss, injury or other damage to any person or property (including Tenant or Tenants property) in or about the Premises or the Property from any cause (including defects in the Property or in any equipment in the Property; fire, explosion or other casualty; bursting, rupture, leakage or overflow of any plumbing or other pipes or lines, sprinklers, tanks, drains, drinking fountains or washstands in, above, or about the Premises or the Property; or acts of other tenants in the Property) other than Landlords negligent or willful acts or omissions. Tenant hereby waives all claims against Landlord for such damage and the cost and expense of defending against claims relating to such damage, except that Landlord shall indemnify, defend (with counsel reasonably satisfactory to Tenant) and hold Tenant harmless from and against any claims, actions, liabilities, damages, costs or expenses, including all attorneys fees and costs incurred in defending against the same (the Claims) for such damages, to the extent the same are (x) caused by the willful or negligent acts or omissions of Landlord or its authorized representatives and (y) are not covered by insurance actually carried (or required to be carried) by Tenant.
10.2 Tenants and Landlords Indemnity. Tenant shall indemnify, defend and hold Landlord and its partners or members and its or their partners, members, directors, officers, shareholders, employees and agents harmless from and against Claims arising from (a) the acts or omissions of Tenant or Tenants Representatives or Visitors in or about the Property, or (b) any construction or other work undertaken by Tenant on the Premises (including any design defects), or (c) any breach or default under this Lease by Tenant, or (d) any accident, injury or damage, howsoever and by whomsoever caused, to any person or property, occurring in or about the Premises during the Term arising proximately from the actions, negligence and/or omissions of Tenant; excepting only such Claims for any accident, injury or damage to the extent they are caused by the negligent or willful acts or omissions of Landlord or its authorized representatives. Landlord shall indemnify and save harmless Tenant from and against any and all liability, liens, claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions and causes of action of any and every kind and nature arising or growing out of or in any way connected with Landlords use, occupancy, management or control of the Common Areas or Landlords operations, conduct or activities in the Building, unless due to the negligence or willful acts or omissions of Tenant, its agents or employees.
10.3 Survival. The obligations of the parties under this Section 10 shall survive the expiration or termination of this Lease.