Limitation on Landlords Liability and Indemnity. 8.1 Limitation On Landlord's Liability And Release. Landlord shall not be liable to Tenant for, and Tenant hereby releases Landlord and its partners, principals, members, officers, agents, employees, lenders, attorneys, and consultants from, any and all liability, whether in contract, tort or on any other basis, for any injury to or any damage sustained by Tenant, Tenant's agents, employees, contractors or invitees, any damage to Tenant's property, or any loss to Tenant's business, loss of Tenant's profits or other financial loss of Tenant resulting from or attributable to the condition of, the management of, the repair or maintenance of, the protection of, the supply of services or utilities to, the damage in or destruction of the Leased Premises, the Building, the Property or the Outside Areas, including without limitation (i) the failure, interruption, rationing or other curtailment or cessation in the supply of electricity, water, gas or other utility service to the Property, the Building or the Leased Premises; (ii) the vandalism or forcible entry into the Building or the Leased Premises; (iii) the penetration of water into or onto any portion of the Leased Premises; (iv) the failure to provide security and/or adequate lighting in or about the Property, the Building or the Leased Premises, (v) the existence of any design or construction defects within the Property, the Building or the Leased Premises; (vi) the failure of any mechanical systems to function properly (such as the HVAC systems); (vii) the blockage of access to any portion of the Property, the Building or the Leased Premises, except that Tenant does not so release Landlord from such liability to the extent such damage was proximately caused by Landlord's gross negligence, willful misconduct, or Landlord's failure to perform an obligation expressly undertaken pursuant to this Lease after a reasonable period of time shall have lapsed following receipt of written notice from Tenant to so perform such obligation. In this regard, Tenant acknowledges that it is fully apprised of the provisions of Law relating to releases, and particularly to those provisions contained in Section 1542 of the California Civil Code which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Notwithstanding such statutory...
Limitation on Landlords Liability and Indemnity. ... 19 10.1 Limitation on Landlord's Liability..................... 19 10.2 Limitation on Tenant's Recourse........................ 19 10.3
Limitation on Landlords Liability and Indemnity. 11 10.1 Limitation on Landlord's Liability 11 10.2 Limitation on Tenant's Recourse 11 10.3 Indemnification of Landlord 11 10.4 Indemnification of Tenant 11
Limitation on Landlords Liability and Indemnity. 12 10.1 Limitation on Landlord’s Liability 12 10.2 Limitation on Tenant’s Recourse 13 10.3 Indemnification of Landlord 13 ARTICLE 11 - DAMAGE TO PREMISES 13 11.1 Landlord’s Duty to Restore 13 11.2 Landlord’s Right to Terminate 13 11.3 Tenant’s Right to Terminate 14 11.4 Abatement of Rent 14 ARTICLE 12 - CONDEMNATION 14 12.1 Landlord’s Termination Right 14 12.2 Tenant’s Termination Right 14 12.3 Restoration and Abatement of Rent 14 12.4 Temporary Taking 14 12.5 Division of Condemnation Award 14 LEASE TABLE OF CONTENTS (continued) Page: ARTICLE 13 - DEFAULT AND REMEDIES 15
Limitation on Landlords Liability and Indemnity. 29 8.1 Limitation On Landlord’s Liability And Release 29 8.2 Tenant’s Indemnification Of Landlord 30 ARTICLE 9 INSURANCE 30 9.1 Tenant’s Insurance 30 9.2 Landlord’s Insurance 32 9.3 Mutual Waiver Of Subrogation 32 ARTICLE 10 DAMAGE TO LEASED PREMISES 33 10.1 Landlord’s Duty To Restore 33 10.2 Insurance Proceeds 33 10.3 Landlord’s Right To Terminate 33 10.4 Tenant’s Right To Terminate 34 10.5 Tenant’s Waiver 34 10.6 Abatement Of Rent 34 ARTICLE 11 CONDEMNATION 34 11.1 Tenant’s Right To Terminate 34 11.2 Landlord’s Right To Terminate 35 11.3 Restoration 35 11.4 Temporary Taking 35 11.5 Division Of Condemnation Award 35 11.6 Abatement Of Rent 35 11.7 Taking Defined 36 ARTICLE 12 DEFAULT AND REMEDIES 36 12.1 Events Of Tenant’s Default 36 12.2 Landlord’s Remedies 37 12.3 Landlord’s Default And Tenant’s Remedies 39 12.4 Limitation Of Tenant’s Recourse 39 12.5 Tenant’s Waiver 40
Limitation on Landlords Liability and Indemnity. 10 -------------------------------------------------------------
Limitation on Landlords Liability and Indemnity. 19 8.1 LIMITATION ON LANDLORD'S LIABILITY AND RELEASE . . . . . . . . . . . 19 8.2
Limitation on Landlords Liability and Indemnity. 23 8.1 Limitation On Landlord’s Liability And Release 23 8.2 Tenant’s Indemnification Of Landlord 24 Article 9 INSURANCE 24 9.1 Tenant’s Insurance 24 9.2 Landlord’s Insurance 25 9.3 Mutual Waiver Of Subrogation 25 Article 10 DAMAGE TO LEASED PREMISES 25 10.1 Landlord’s Duty To Restore 26 10.2 Insurance Proceeds 26 10.3 Landlord’s Right To Terminate 26 10.4 Tenant’s Right To Terminate 26 10.5 Tenant’s Waiver 26 10.6 Abatement Of Rent 27 Article 11 CONDEMNATION 27
Limitation on Landlords Liability and Indemnity. ...... 7 8.1 Limitation On Landlord's Liability And Release........... 7 8.2 Tenant's Indemnification Of Landlord..................... 7 ARTICLE 9. INSURANCE................................................ 7 9.1 Tenant's Insurance....................................... 7 9.2 Landlord's Insurance..................................... 8 9.3 Mutual Waiver Of Subrogation............................. 8
Limitation on Landlords Liability and Indemnity. 8.1 Limitation On Landlord’s Liability And Release. Landlord shall not be liable to Tenant for, and Tenant hereby releases Landlord and its partners, principals, members, officers, agents, employees, lenders, attorneys, and consultants from, any and all liability, whether in contract, tort or on any other basis, for any injury to or any damage sustained by Tenant, Tenant’s agents, employees or contractors resulting from the Leased Premises, the Building, the Property or the Outside Areas, except that Tenant does not so release Landlord from such liability to the extent such damage was proximately caused by Landlord’s negligence, willful misconduct, or breach of this lease.
