93Indemnities

93 Indemnities (1) A provision in a retail premises lease is void to the extent that it purports to indemnify, or require the tenant to indemnify, the landlord against any action, liability, penalty, claim or demand for or to which the landlord would otherwise be liable or subject. (2) A provision in a retail premises lease is void to the extent that it purports to make the tenant liable for or subject to any action, liability, penalty, claim or demand in respect of any act, matter or thing done or omitted to be done by the landlord or any other person if the tenant would not otherwise be liable for or subject to that action, liability, penalty, claim or demand. (3) The landlord must indemnify the tenant for any amount recoverable from the tenant by a public statutory authority for charges, rates or taxes payable under any Act for the retail premises. (4) Subsection (3) does not apply to— (a) charges for the supply of water by measure in excess of the minimum amount payable for it relating to a period during which the tenant occupied the retail premises; or (b) charges, rates or taxes for which, under the terms of the retail premises lease, the tenant is liable.