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200905599 d. Indemnification. Lessee hereby agrees to indemnify and hold harmless Lessors, their respective agents, and employees from and against any and all claims ar demands for the loss, theft, or damage to property or for injury or death to any person from any cause whatsoever while in, upon, or about the Leased Premises during the Preliminary Term and Lessee's Possession Dates, except to the extent that such claim is compensated by insurance and except further that Lessee's indemnification shall not include an indemnification for liability far the gross negligence or willful misconduct of Lessors and their respective agents, or employees. Each Party hereto shall indemnify and hold the other Parties, their respective agents, and employees harmless, to the fullest extent permitted by law, from and against any and all claims and liability arising from any breach or default by such indemnifying Party in the performance of any obligation of such indemnifying Party under this Lease or arising from the gross negligence or willful misconduct of such indemnifying Party, its agents, employees, or invitees. The City's liability with respect to any tort claims (whether directly ar by virtue of indemnity provisions} shall be subject to and limited by the terms of Neb. Rev. Stat. § § 13-901 to 13-927. e. Mutual Waiver of Subro ag tion. Without limiting the obligation of any Party to maintain insurance which permits waiver of subrogation (unless otherwise approved in writing by the other Parties) and notwithstanding the indemnification provisions set forth above ar anything else to the contrary set forth herein, Lessors and Lessee hereby waive all causes of action and rights of recovery against each other, against all subtenants or assignees of Lessars ar Lessee and against any other person ar entity holding an interest in the Leased Premises (together, the "Affected Parties"), and against the agents, officers, employees, and invitees of the Affected Parties for any lass occurring to the property of the Affected Parties resulting from any of the perils insured against under any and all fire or other extended casualty insurance policies in effect at the time of any such lass regardless of cause or origin of such loss. $. Utilities and Services. Lessee shall reimburse each Lessor for all fuel, gas, oil, heat, electricity, power, materials, and services which may be contracted for by Lessee or used by Lessee in ar about the Leased Premises during Lessee's Possession Dates. Lessee shall keep the Leased Premises free and clear of any lien or encumbrance of any kind whatsoever. In the event Lessee consents to a Lessor's use of its portion of the Leased Premises during Lessee's Possession Dates, said Lessor and Lessee shall mutually agree on a reasonable allocation of utility expenses during such period of Lessor's use. The City shall have the right, at its sole option and at its cost, to install, repair or improve any utilities serving the Event Center Property or the City Property, provided that no such work shall occur during Lessee's Possession Dates. 9. Maintenance, Repairs and Replacements. a. Event Center Property. During the Term hereof, Event Center, acting in its capacity as manager under the Management Contract, shall take good and reasonable care of the Event Center Property and all buildings and structures located thereon, including -12-