Landlord’s Liability. Any Buildings’ 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 any of the Indemnitees shall be liable for any damage to such property, or for the loss of or damage to any property of Tenant by theft or otherwise. None of the Indemnitees shall be liable for any injury or damage to persons or property or interruption of Tenant’s business resulting from fire or other casualty, any damage caused by other tenants or persons in the Buildings or by construction of any private, public or quasi-public work, or any latent defect in the Premises or in the Buildings (except that Landlord shall be required to repair the same to the extent provided in Article 7). No penalty shall accrue for delays which may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or Unavoidable Delays, in connection with any repair or restoration of any portion of the Premises or of the Buildings. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the performance of any such repair or restoration; provided, however, Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Nothing in this Section 14.7 shall affect any right of Landlord to be indemnified by Tenant under Article 32 for payments made to compensate for losses of third parties.
Appears in 5 contracts
Sources: Lease Agreement (MSG Entertainment Spinco, Inc.), Lease Agreement (MSG Entertainment Spinco, Inc.), Lease (MSG Spinco, Inc.)
Landlord’s Liability. Any Buildings’ Building employee to whom any property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant’s 's agent with respect to such property and neither Landlord nor any of the Indemnitees shall be liable for any damage to such property, or for the loss of or damage to any property of Tenant by theft or otherwise. None of the Indemnitees shall be liable for any injury or damage to persons or property or interruption of Tenant’s 's business resulting from fire or other casualty, any damage caused by other tenants or persons in the Buildings Building or by construction of any private, public or quasi-public work, or any latent defect in the Premises or in the Buildings Building (except that Landlord shall be required to repair the same to the extent provided in Article 7). No penalty shall accrue for delays which may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or Unavoidable Delays, in connection with any repair or restoration of any portion of the Premises or of the BuildingsBuilding. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises during the performance of any such repair or restoration; , provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Nothing in this Section 14.7 13.6 shall affect any right of Landlord to be indemnified by Tenant under Article 32 for payments made to compensate for losses of third parties.
Appears in 3 contracts
Sources: Lease (Greenhill & Co Inc), Lease (Greenhill & Co Inc), Lease (Advent Software Inc /De/)
Landlord’s Liability. Any Buildings’ Building employee to whom any property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant’s 's agent with respect to such property and neither Landlord nor any of the Indemnitees its agents shall be liable for any damage to such property, or for the loss of or damage to any property of Tenant by theft or otherwise. None of the Indemnitees Landlord, its agents, any Mortgagee or Lessor shall be liable for any injury or damage to persons or property or interruption of Tenant’s 's business resulting from fire or other casualty, any damage caused by other tenants or persons in the Buildings Building or by construction of any private, public or quasi-public work, or any latent defect in the Premises or in the Buildings Building (except that Landlord shall be required to repair the same to the extent provided in Article 76). No penalty shall accrue for delays which may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or Unavoidable Delays, in connection with for delay on account of "labor troubles" or any other cause beyond Landlord's control arising from any repair or restoration of any portion of the Premises or of the Buildings. Building, provided that Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises during the performance of any such repair or restoration; provided, however, provided that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Nothing in this Section 14.7 13.5 shall affect any right of Landlord to the indemnity from Tenant to which Landlord may be indemnified by Tenant entitled under Article 32 in order to recoup for payments made to compensate for losses of third parties. Subject to the provisions of Section 12.2, nothing herein shall release Landlord from liability for its own negligence.
Appears in 2 contracts
Sources: Office Building Lease (Imanage Inc), Office Building Lease (Imanage Inc)
Landlord’s Liability. Any Buildings’ employee (a) Tenant specifically agrees to whom look solely to Landlord’s then equity interest in the Premises for recovery of any property judgment from Landlord; it being specifically agreed that Landlord (original or successor) shall never 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 any of the Indemnitees shall be personally liable for any damage to such propertyjudgment, or for the loss payment of any monetary obligation to Tenant. The provision contained in the foregoing sentence is not intended to, and shall not, limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord or damage Landlord’s successors in interest, or to take any action not involving the personal liability of Landlord (original or successor) to respond in monetary damages from Landlord’s assets other than Landlord’s equity interest in the Premises.
(b) With respect to any property of Tenant repairs or restoration which Landlord may make by theft or otherwise. None of the Indemnitees shall be liable for any injury or damage to persons or property or interruption reason of Tenant’s business resulting from fire or other casualtydefault, any damage caused by other tenants or persons in the Buildings or by construction of any private, public or quasi-public work, or any latent defect in the Premises or in the Buildings (except that Landlord shall be required to repair the same to the extent provided in Article 7). No penalty shall accrue for delays which may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or Unavoidable Delays, in connection with any repair or restoration of any portion of the Premises or of the Buildings. Landlord shall use reasonable efforts to minimize interference with Tenant’s use be made during normal business hours and occupancy of the Premises during the performance of any such repair or restoration; provided, however, Landlord shall have no obligation liability for damages to employ contractors Tenant for inconvenience, annoyance or labor at overtime interruption of business arising therefrom.
(c) With respect to any obligations to be performed by Landlord under the terms of this Lease, Landlord shall in no event be liable for failure to perform the same when prevented from doing so by: strike, lockout, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply; or (with respect to Landlord only) failure whenever and for so long as may be necessary by reason of the making of repairs or changes which Landlord is required or is permitted by this Lease or by law to make or in good ▇▇▇▇▇ ▇▇▇▇▇ necessary; or by the inability in the exercise of reasonable diligence to obtain supplies, parts or employees necessary to furnish such services; or because of war or other premium pay rates emergency; or to incur for any other overtime costs cause beyond Landlord’s reasonable control, or additional expenses whatsoever. Nothing in this Section 14.7 shall affect for any right cause due to any negligent or wrongful act or omission of Landlord to be indemnified by Tenant under Article 32 for payments made to compensate for losses of third partiesTenant.
Appears in 2 contracts
Sources: Lease (Converted Organics Inc.), Lease (Converted Organics Inc.)
Landlord’s Liability. Any Buildings’ 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 any of the Indemnitees its agents shall be liable for any damage to such property, or for the loss of or damage to any property of Tenant by theft or otherwise. For example, if a Tenant employee leaves an envelope with a Building lobby guard for pick-up by a messenger service, Landlord will not be responsible if such package is misplaced, stolen, damaged or picked up by the wrong messenger service. None of the Indemnitees Insured Parties shall be liable for any injury or damage to persons or property or interruption of Tenant’s business resulting from fire or other casualty, any damage caused by other tenants or persons in the Buildings Building or the parking facilities or by construction of any private, public or quasi-public work, or any latent defect in the Premises or in the Buildings Building or the parking facilities (except that Landlord shall be required to repair the same to the extent provided in Article 76). No penalty shall accrue for delays which may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or for any Unavoidable Delays, in connection with Delays arising from any repair or restoration of any portion of the Premises or of the Buildings. Building, provided that Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the performance of any such repair or restoration; provided, however, Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Nothing in this Section 14.7 shall affect any right of Landlord to be indemnified by Tenant under Article 32 for payments made to compensate for losses of third parties.
Appears in 1 contract
Sources: Sublease Agreement (K12 Inc)
Landlord’s Liability. Any Buildings’ Building employee to whom any property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant’s 's agent with respect to such property and neither Landlord nor any of the Indemnitees Indemnities shall be liable for any damage to such property, or for the loss of or damage to any property of Tenant by theft or otherwise. None of the Indemnitees Indemnities shall be liable for any injury or damage to persons or property or interruption of Tenant’s 's business resulting from fire or other casualty, any damage caused by other tenants or persons in the Buildings Building or by construction of any private, public or quasi-public work, or any latent defect in the Premises or in the Buildings Building (except that Landlord shall be required to repair the same to the extent provided in Article 7). No penalty shall accrue for delays which that may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or Unavoidable Delays, in connection with any repair or restoration of any portion of the Premises or of the BuildingsBuilding. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises during the performance of any such repair or restoration; , provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Nothing in this Section 14.7 13.7 shall affect any right of Landlord to be indemnified by Tenant under Article 32 for payments made to compensate for losses of third parties.
Appears in 1 contract
Sources: Lease Agreement (Thestreet Com)
Landlord’s Liability. Any Buildings’ 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 any of the Indemnitees shall be liable for any damage to such property, or for the loss of or damage to any property of Tenant by theft or otherwise. None of the Indemnitees shall be liable for any injury or damage to persons or property or interruption of Tenant’s business resulting from fire or other casualty, any damage caused by other tenants or persons in the Buildings or by construction of any private, public or quasi-public work, or any latent defect in the Premises or in the Buildings (except that Landlord shall be required to repair the same to the extent provided in Article 7). No penalty shall accrue for delays which may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or Unavoidable Delays, in connection with any repair or restoration of any portion of the Premises or of the Buildings. Landlord shall use reasonable efforts to minimize interference with Tenant▇▇▇▇▇▇’s use and occupancy of the Premises during the performance of any such repair or restoration; provided, however, Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Nothing in this Section 14.7 shall affect any right of Landlord to be indemnified by Tenant under Article 32 for payments made to compensate for losses of third parties.
Appears in 1 contract
Sources: Lease (MSGE Spinco, Inc.)
Landlord’s Liability. Any Buildings’ Building employee to whom any property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant’s 's agent with respect to such property and neither Landlord nor any of the Indemnitees its agents shall be liable for any damage to such propertyproperty of Tenant or of others entrusted to employees of the Building, or for the loss of or damage to any property of Tenant by theft or otherwise. None of the Indemnitees Landlord, its agents, any Mortgagee or Lessor shall be liable for any injury or damage to persons or property or interruption of Tenant’s 's business resulting from fire or other casualty, any damage caused by other tenants or persons in the Buildings Building or by construction of any private, public or quasi-public work, or any latent defect in the Premises or in the Buildings Building (except that Landlord shall be required to repair the same to the extent provided in Article 75). No penalty shall accrue for delays which may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or Unavoidable Delays, in connection with for delay on account of "labor troubles" or any other cause beyond Landlord's control arising from any repair or restoration of any portion of the Premises or of the Buildings. Building provided that Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the performance of perform any such repair or restoration; provided, however, Landlord shall have no obligation restoration expeditiously and in a manner as to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeverminimize unreasonable interference with Tenant's business. Nothing in this Section 14.7 None of the foregoing shall affect any right of Landlord to the indemnity from Tenant to which Landlord may be indemnified by Tenant entitled under Article 32 in order to recoup for payments made to compensate for losses of third parties.
Appears in 1 contract
Sources: Lease Agreement (Martha Stewart Living Omnimedia Inc)
Landlord’s Liability. Any Buildings’ 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 any of the Indemnitees Landlord’s Protected Parties shall be liable for any damage to such property, or for the loss of or damage to any property of Tenant by theft or otherwise. None Neither Landlord nor any of the Indemnitees Landlord’s Protected Parties shall be liable for any injury or damage to persons or property or interruption of Tenant’s business resulting from fire or other casualty, any damage caused by other tenants or persons in the Buildings Building or by construction of any private, public or quasi-public work, or any latent defect in the Premises or in the Buildings Building (except that Landlord shall be required to repair the same to the extent provided in Article 76). Neither Landlord nor any of Landlord’s Protected Parties shall be responsible or liable for the bursting of pipes; any unforeseeable loss or damage by adjacent tenants; any injury or damage to persons or property resulting from unknown fire, explosion, falling plaster, steam, gas, electricity, electrical or electronic emanations or disturbance, water, rain, snow or leaks from any part of the Building or from the pipes or caused by dampness, vandalism, malicious mischief or by any other cause of whatever nature unless caused by or due to the gross negligence of Landlord, its agents or employees, and then only after (x) notice to Landlord of the condition claimed in writing and (y) the expiration of a reasonable time after such notice has been received by Landlord and without Landlord having taken all reasonable and practicable means to cure or correct such conditions; and pending such cure or correction by Landlord, Tenant shall take all reasonably prudent temporary measures and safeguards to prevent any injury, loss or damage to persons or property. No penalty shall accrue for delays which may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or Unavoidable DelaysForce Majeure, in connection with any repair or restoration of any portion of the Premises or of the BuildingsBuilding. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the performance of any such repair or restoration; , provided, however, Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Nothing in this Section 14.7 19.08 shall affect any right of Landlord to be indemnified by Tenant under Article 32 Section 17.02 for payments made to compensate for losses of third parties.
Appears in 1 contract
Sources: Lease (MF Global Ltd.)
Landlord’s Liability. Any Buildings’ Building employee to whom -------------------- any property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant’s 's agent with respect to such property and neither Landlord nor any of the Indemnitees its agents shall be liable for any damage to such property, or for the loss of or damage to any property of Tenant by theft or otherwise. None of the Indemnitees Landlord, its agents, any Mortgagee or Lessor shall be liable for any injury or damage to persons or property or interruption of Tenant’s 's business resulting from fire or other casualty, any damage caused by other tenants or persons in the Buildings Building or by construction of any private, public or quasi-public work, or any latent defect in the Premises or in the Buildings Building (except that Landlord shall be required to repair the same to the extent provided in Article 75). No penalty shall accrue for delays which may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or Unavoidable Delays, in connection with for delay on account of "labor troubles" or any other cause beyond Landlord's control arising from any repair or restoration of any portion of the Premises or of the Buildings. Building, provided that Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises during the performance of any such repair or restoration; provided, however, provided further that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Nothing in this Section 14.7 13.7 shall affect any right of Landlord to the indemnity from Tenant to which Landlord may be indemnified by Tenant entitled under Article 32 30 in order to recoup for payments made to compensate for losses of third parties.
Appears in 1 contract
Sources: Lease (Portal Software Inc)
Landlord’s Liability. Any Buildings’ 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 any of the Indemnitees shall be liable for any damage to such property, or for the loss of or damage to any property of Tenant by theft or otherwise. None of the Indemnitees shall be liable for any injury or damage to persons or property or interruption of Tenant’s business resulting from fire or other casualty, any damage caused by other tenants or persons in the Buildings Building or by construction of any private, public or quasi-public work, or any latent defect in the Premises or in the Buildings Building (except that Landlord shall be required to repair the same to the extent provided in Article 7). No penalty shall accrue for delays which may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or Unavoidable Delays, in connection with any repair or restoration of any portion of the Premises or of the BuildingsBuilding. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the performance of any such repair or restoration; provided, however, Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Nothing in this Section 14.7 shall affect any right of Landlord to be indemnified by Tenant under Article 32 for payments made to compensate for losses of third parties.
Appears in 1 contract
Sources: Lease Agreement (Pzena Investment Management, Inc.)
Landlord’s Liability. Any Buildings’ Building employee to whom any -------------------- property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant’s 's agent with respect to such property and neither Landlord nor any of the Indemnitees its agents shall be liable for any damage to such property, or for the loss of or damage to any property of Tenant by theft or otherwise. None of the Indemnitees Landlord, its agents, any Mortgagee or Lessor shall be liable for any injury or damage to persons or property or interruption of Tenant’s 's business resulting from fire or other casualty, any damage caused by other tenants or persons in the Buildings Building or by construction of any private, public or quasi-public work, or any latent defect in the Premises or in the Buildings Building (except that Landlord shall be required to repair the same to the extent provided in Article 75). No penalty shall accrue for delays which may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or Unavoidable Delays, in connection with for delay on account of "labor troubles" or any other cause beyond Landlord's control arising from any repair or restoration of any portion of the Premises or of the Buildings. Building, provided that Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises during the performance of any such repair or restoration; provided, however, provided further that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Nothing in this Section 14.7 13.7 shall affect any right of Landlord to the indemnity from Tenant to which Landlord may be indemnified by Tenant entitled under Article 32 30 in order to recoup for payments made to compensate for losses of third parties.
Appears in 1 contract
Sources: Lease (Portal Software Inc)
Landlord’s Liability. Any Buildings’ 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 any of the Indemnitees shall be liable for any damage to such property, or for the loss of or damage to any property of Tenant by theft or otherwise. None of the Indemnitees shall be liable for any injury or damage to persons or property or interruption of Tenant’s business resulting from fire or other casualty, any damage caused by other tenants or persons in the Buildings Building or by construction of any private, public or quasi-public work, or any latent defect in the Premises or in the Buildings Building (except that Landlord shall be required to repair the same to the extent provided in Article 7). No penalty shall accrue for delays which may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or Unavoidable Delays, in connection with any repair or restoration of any portion of the Premises or of the BuildingsBuilding. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the performance of any such repair or restoration; , provided, however, that Landlord shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Nothing in this Section 14.7 13.6 shall affect any right of Landlord to be indemnified by Tenant under Article 32 for payments made to compensate for losses of third parties.
Appears in 1 contract
Sources: Lease Agreement (Greenhill & Co Inc)
Landlord’s Liability. Any Buildings’ Building employee to whom any property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant’s 's agent with respect to such property and neither Landlord nor any of the Indemnitees its agents shall be liable for any damage to such propertyproperty of Tenant or of others entrusted to employees of the Building, or for the loss of or damage to any property of Tenant by theft or otherwise. None of the Indemnitees Landlord, its agents, any Mortgagee or Lessor shall be liable for any injury or damage to persons or property or interruption of Tenant’s 's business resulting from fire or other casualty, any damage caused by other tenants or persons in the Buildings Building or by construction of any private, public or quasi-public work, or any latent defect in the Premises or in the Buildings Building (except that Landlord shall be required to repair the same to the extent provided in Article 75). No penalty shall accrue for delays which may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or Unavoidable Delays, in connection with for delay on account of "labor troubles" or any other cause beyond Landlord's control arising from any repair or restoration of any portion of the Premises or of the Buildings. Building provided that Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises during the performance of perform any such repair or restoration; provided, however, Landlord shall have no obligation restoration expeditiously and in a manner as to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoeverminimize unreasonable interference with Tenant's business. Nothing in this Section 14.7 None of the foregoing shall affect any right of Landlord to the indemnity from Tenant to which Landlord may be indemnified by Tenant entitled under Article 32 35 in order to recoup for payments made to compensate for losses of third parties.
Appears in 1 contract
Sources: Lease (Kasper a S L LTD)