INSURANCE, PROPERTY LOSS OR DAMAGE; REIMBURSEMENT. Section 12.1. (A) No Tenant shall entrust any property to any Building employee. Any Building employee to whom any property is entrusted by or on behalf of Tenant in violation of the foregoing prohibition shall be deemed to be acting as Tenant’s agent with respect to such property and neither Landlord nor its agents shall be liable for any injury or damage to persons or property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise. Landlord and Landlord’s agents shall not be liable for any damage to any of Tenant’s Property or for interruption of Tenant’s business, however caused, including but not limited to, damage caused by other tenants or persons in the Building or caused by construction of any private, public or quasi-public work. Landlord shall not be liable for any latent defect in the Premises or in the Building (notwithstanding Landlord’s obligation to repair any such latent defect under the circumstances set forth in Section 7.3 of this Lease). Nothing contained in this Section 12.1 shall relieve Landlord from any liability to Tenant resulting from the wilful misconduct or negligence of Landlord or its employees, contractors or agents.
INSURANCE, PROPERTY LOSS OR DAMAGE; REIMBURSEMENT. Section 11.1. (a) Tenant shall not entrust any property to any Building employee. Any Building employee to whom any property is entrusted by or on behalf of Tenant in violation of the foregoing prohibition shall be deemed to be acting as Tenant's agent with respect to such property and neither Landlord nor its agents shall be liable for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise. Landlord and Landlord's agents shall not be liable for any damage to any of Tenant's Property or for interruption of Tenant's business, however caused, including but not limited to damage caused by other tenants or persons in the Building. Landlord shall not be liable for any latent defect in the Premises or in the Building.
INSURANCE, PROPERTY LOSS OR DAMAGE; REIMBURSEMENT. Section 9.1. (A) Any Building employee to whom any property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant's agent with respect to such property and neither Landlord nor its agents shall be liable for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise. Neither Landlord nor its agents shall be liable for any injury (or death) to persons or damage to property, or interruption of Tenant's business, resulting from fire or other casualty; nor shall Landlord or its agents be liable for any such injury (or death) to persons or 23 damage caused by other tenants or persons in the Building or caused by construction of any private, public or quasi-public work; nor shall Landlord be liable for any injury (or death) to persons or damage to property or improvements, or interruption of Tenant's business, resulting from any latent defect in the Premises or in the Building (provided that the foregoing shall not relieve Landlord from its obligations, if any, to repair such latent defect pursuant to the provisions of Article 4 hereof or affect Tenant's right, if any, regarding an abatement of the Fixed Rent and the Escalation Rent as set forth in Section 14.2 hereof). Anything in this Article 9 to the contrary notwithstanding, except as set forth in Articles 4, 10, 13, 28 and 35 of this Lease and otherwise as expressly provided herein, Landlord shall not be relieved from responsibility directly to Tenant for any loss or damage caused directly to Tenant wholly or in part by the negligent acts or omissions of Landlord. Nothing in the foregoing sentence shall affect any right of Landlord to the indemnity from Tenant to which Landlord may be entitled under Article 35 hereof in order to recoup for payments made to compensate for losses of third parties.
INSURANCE, PROPERTY LOSS OR DAMAGE; REIMBURSEMENT. Section 9.1 (A) Any Building employee to whom any property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant’s agent with respect to such property and neither Landlord nor its agents shall be liable for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise.
INSURANCE, PROPERTY LOSS OR DAMAGE; REIMBURSEMENT. (a) Neither Landlord nor its agents shall be liable for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise. Neither Landlord nor Landlord's agents shall be liable for any injury or damage to persons or property, or interruption of Tenant's business, resulting from fire or other casualty; nor shall Landlord or Landlord's agents be liable for any such damage caused by other tenants or persons in the Building or caused by construction of any private, public or quasi-public work; nor shall Landlord be liable for any latent defect in the Premises or in the Building. The foregoing is not intended to relieve Landlord from any liability to Tenant directly resulting from the gross negligence or willful misconduct of Landlord or any other party for whom Landlord is legally responsible.
INSURANCE, PROPERTY LOSS OR DAMAGE; REIMBURSEMENT. Section 11.1. (a) Landlord and Landlord’s agents shall not be liable for any damage to any of Tenant’s Property or for interruption of Tenant’s business, however caused, including but not limited to damage caused by other tenants or persons upon the Real Property, except as to actual damages caused by Landlord or Persons Within Landlord's Control or resulting from a breach by Landlord of this Lease. Notwithstanding the foregoing, under no circumstances whatsoever shall Landlord ever be liable to hereunder for any incidental, consequential or special damages. Landlord shall not be liable for any latent defect in the Premises or the Buildings.
INSURANCE, PROPERTY LOSS OR DAMAGE; REIMBURSEMENT. Section 9.1. Tenant shall obtain and keep in full force and effect (i) an “all risk” insurance policy for Tenant’s Property and all Alterations made by Tenant or on behalf of Tenant (whether before or after the Effective Date) in connection with Tenant’s operations at the Premises in an amount equal to one hundred percent (100%) of the replacement value thereof, and (ii) a policy of commercial general liability (the “Liability Policy”), with a broad form contractual liability endorsement which provides, on an occurrence basis, a minimum combined single limit of no less than $5,000,000 (coverage in excess of $1,000,000 may be provided by way of an umbrella/excess liability policy). Tenant shall be named as the loss payee under the insurance policy required by Section 9.1(i) above with respect to all Tenant’s Property and Alterations other than non-Severable Alterations. Landlord shall be named as loss payee with respect to all non-Severable Alterations. Tenant, Landlord, Landlord’s managing agent and Landlord’s agents (whose names shall have been furnished to Tenant) shall all be named as insured parties, as their respective interests may appear, with respect to the Liability Policy. Such Liability Policy shall include a provision under which the insurer agrees to indemnify, defend and hold Landlord, Landlord’s managing agent and Landlord’s agents harmless from and against, subject to the limits of liability set forth in this Section 9.1, all cost, expense and liability arising out of, or based upon, any and all claims, accidents, injuries and damages mentioned in Article 34. In addition, the policy required to be carried pursuant to clause (ii) above shall contain a provision that (a) no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained and (b) each policy shall be non-cancelable with respect to Landlord, Landlord’s managing agent and Landlord’s agents (whose names and addresses shall have been furnished to Tenant) unless thirty (30) days’ prior written notice shall have been given to Landlord by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insured and additional insureds. In addition, upon receipt by Tenant of any notice of cancellation or any other notice from the insurance carrier which may adversely affect the coverage of the insureds under such policy of insurance, Tenant shall immediately deliver to Landlord and any other...
INSURANCE, PROPERTY LOSS OR DAMAGE; REIMBURSEMENT. Section 9.1 (A) Any Building employee to whom any property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant’s agent with respect to such property and neither Landlord nor its agents shall be liable for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise except if caused by the gross negligence or willful misconduct of Landlord or its agents or employees. Neither Landlord nor its agents shall be liable for any injury or damage to persons or property, or interruption of Tenant’s business, resulting from fire or other casualty, nor shall Landlord or its agents be liable for any such damage caused by other tenants or persons in the Building or caused by construction of any private, public or quasi-public work; nor shall Landlord be liable for any latent defect in the Premises or in the Building. Nothing herein shall affect any right of Landlord to the indemnity from Tenant to which Landlord may be entitled under Article 31 in order to recoup for payments made to compensate for losses of third parties. Notwithstanding anything to the contrary contained herein, in no event and under no circumstances shall Landlord be liable to Tenant for so-called “consequential damages.”
INSURANCE, PROPERTY LOSS OR DAMAGE; REIMBURSEMENT. 30 Article 13
INSURANCE, PROPERTY LOSS OR DAMAGE; REIMBURSEMENT. Section 9.1 (A) Any employee of Landlord to whom any property is entrusted by or on behalf of Tenant (other than in the performance of Landlord's obligations hereunder) shall be deemed to be acting as Tenant's agent with respect to such property and Landlord shall not be liable for any damage to or theft of property of Tenant (other than in the performance of Landlord's obligations hereunder or to the extent deriving from negligence or willful misconduct on the part of Landlord (or an employee of Landlord acting within the scope of his or her employment)).
