In order to determine whether Landlord is entitled to summary judgment on this claim, the
court must first determine whether Tenant had an obligation to indemnify Landlord in the federal
action. Thus, the court will set forth and analyze the aforementioned provisions of the lease.
Paragraph 6 of the lease, entitled "Requirements of Law, Fire Insurance, Floor Loads,"
provides, in pertinent part, the following:
"Prior to the commencement of the lease term . . . and at all times thereafter,
Tenant, at Tenant's sole cost and expense, shall promptly comply with all present and future
laws, order and regulations of all state, federal, municipal and local governments, departments,
commissions and boards . . . or any similar body which shall impose any violation, order or duty
upon Owner or Tenant with respect to the demised premises, whether or not [*3]arising out of Tenant's use or manner of use thereof . . . or, with
respect to the building if arising out of Tenant's use or manner of use of the premises or the
building . . . Nothing herein shall require Tenant to make structural repairs or alterations unless
Tenant has, by its manner of use of the demised premises or method of operation therein,
violated any such laws, ordinances, orders, rules, regulations or requirements with respect thereto
. . . Tenant shall not do or permit any act or thing to be done in or to the demised premises which
is contrary to law . . . or which shall or might subject Owner to any liability or responsibility to
any person or for property damage . . . Tenant shall pay all costs, expenses, fines, penalties, or
damages, which may be imposed upon Owner by reason of Tenant's failure to comply with the
provisions of this article."
Paragraph 8 of the lease, entitled "Property