Common use of NON-LIABILITY OF LANDLORD Clause in Contracts

NON-LIABILITY OF LANDLORD. Landlord shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any injury or damage to any person or property in or about the Premises resulting from the Premises, or any part thereof or any equipment thereof, becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of other tenants or occupants or employees in the Premises; or any other thing or circumstance whatsoever concerning the Premises, whether of a like nature or of a wholly different nature unless caused by the willful misconduct or gross negligence of Landlord. All property in or about the Premises belonging to Tenant, its agents, employees or invitees shall be there at the risk of Tenant or other person only, and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof. If Landlord shall fail to perform any covenant or condition of this Lease upon Landlord’s part to be performed and, as a consequence of such default, Tenant shall recover a money judgment against Landlord, then such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of Landlord in the Premises and out of rents or other income from such property receivable by Landlord and any insurance or condemnation proceeds that are available for use by Landlord and Landlord shall not be personally liable for any deficiency.

NON-LIABILITY OF LANDLORD. Landlord shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any injury or damage to any person or property in or about the Premises resulting from the Premises, or any part thereof or any equipment thereof, becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of other tenants or occupants or employees in the Premises; or any other thing or circumstance whatsoever concerning the Premises, whether of a like nature or of a wholly different nature unless caused by the willful misconduct or gross negligence of Landlord. All property in or about the Premises belonging to Tenant, its agents, employees or invitees shall be there at the risk of Tenant or other person only, and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof. If Landlord shall fail to perform any covenant covenant, term or condition of this Lease upon Landlord’s part to be performed andperformed, as a consequence of such default, and if Tenant shall recover a money judgment against Landlord, then such judgment shall be satisfied only out of the income related to the operation and/or leasing of the Building, as well as the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of Landlord in the Premises Building as the same may then be encumbered, and out of rents or other income from such property receivable by neither Landlord and nor any insurance or condemnation proceeds that are available for use by Landlord and party having an interest in Landlord shall not be personally liable for any deficiency. It is understood that in no event shall Tenant have any right to (i) levy execution against any property of Landlord other than its interest in the Building as hereinbefore expressly provided or (ii) collect consequential or punitive damages from Landlord. In the event of the sale or other transfer of Landlord’s right, title and interest in the Premises or the Building to a third party (but excluding transfers intended as an attempt to avoid Landlord’s obligations herein or to an entity with no assets), Landlord shall, so long as the successor landlord agrees, in writing to be bound by all obligations of Landlord: (a) be released from all liability and obligations hereunder thereafter accruing, and the successor landlord shall be liable for all such liabilities and obligations, and (b) provide Tenant with written notice of the name and address of the successor landlord in a timely manner after such sale or transfer. Notwithstanding anything set forth above to the contrary, in the event Landlord fails to perform any service or maintenance obligation to be performed by Landlord in the Premises, Tenant shall have the right to perform such service or maintenance obligation within the Premises and to charge Landlord for all reasonable costs and expenses incurred by Tenant in connection therewith. Additionally, Tenant may offset such reasonable costs and expenses against Total Rent if Landlord does not pay Tenant in a timely manner. Notwithstanding anything set forth above, Tenant’s right to self-help is subject to prior written notice by Tenant to Landlord regarding Landlord’s failure to perform and Landlord’s failure to thereafter cure within said thirty (30) days, or if such default cannot be cured within such period of time, Landlord’s failure to commence cure within thirty (30) days and to diligently continue to prosecute such cure.

NON-LIABILITY OF LANDLORD. Landlord shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any injury or damage to any person or property in or about the Premises Building resulting from the Building or Premises, or any part thereof or any equipment thereof, thereof becoming out of repair; flooding of basements or other areas; damages damage caused by sprinkling devices, air air-conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of Landlord or of other tenants or occupants or employees in the PremisesBuilding; or any other thing or circumstance whatsoever concerning the Premiseswhatsoever, whether of a like nature or of a wholly different nature unless caused by the willful misconduct or gross negligence of Landlordnature. All property in or about the Building or in the Premises belonging to Tenant, its agents, employees or invitees shall be there at the risk of Tenant or other person only, and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof. Landlord shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any personal injury resulting to Tenant or its employees, agents, invitees or customers within or about the Building from any cause whatsoever except to the extent the same results from the negligence or willful misconduct of Landlord, its employees and agents. If Landlord shall fail to perform any covenant or condition of this Lease upon Landlord’s 's part to be performed and, as a consequence of such default, Tenant shall recover a money judgment against Landlord, then such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy levied thereon against the right, title and interest of Landlord in the Premises Building and out of rents or other income from such property receivable by Landlord and any insurance or condemnation proceeds that are available for use by Landlord and Landlord shall not be personally liable for any deficiency.. Notwithstanding the foregoing, in the event that Tenant is unable to satisfy such judgment from the aforesaid sources, then Tenant shall have the right to deduct from the rent and additional rent thereafter to become due the amount of such judgment to the extent unsatisfied. -12-

NON-LIABILITY OF LANDLORD. Landlord shall not be liable have no responsibility or liability to Tenant, and the Tenant hereby waives all claims against Landlord, for any injury or damage to any person or property in or about the contents of the Premises resulting from the Premises, or for any part thereof or any equipment thereof, becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of other tenants or occupants or employees reason whatsoever and in the Premises; or any other thing or circumstance whatsoever concerning event the Premises, whether Tenant elects to obtain insurance on the contents of the Premises said insurance is to provide for a like nature or Waiver of a wholly different nature unless caused by Subrogation as to the willful misconduct or gross negligence of Landlord. All property in or about the Premises belonging to Tenant, its agents, employees or invitees shall be there at the risk of Tenant or other person only, and Landlord shall not be liable for any damage thereto or theft, misappropriation injury which may be sustained by the Tenant or loss thereof. If Landlord shall fail to perform any covenant or condition of this Lease upon Landlord’s part to be performed andother person, as a consequence of such defaultthe failure, Tenant shall recover a money judgment against breakage, leakage or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, down-spouts or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air-conditioning or heating systems, elevators or hoisting equipment; or by reason of the elements; or resulting from the carelessness, negligence or improper conduct on the part of any other tenant, the Landlord, then such judgment or the Landlord's, Tenant's or any other tenants' agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or attributable to any interference with, interruption of or failure, beyond the control of the Landlord, or any services to be furnished or supplied by the Landlord, except if caused solely by the gross negligence or willful misconduct of the Landlord. Notwithstanding anything contained to the contrary in this Lease, the Landlord shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of Landlord in the Premises and out of rents or other income from such property receivable by Landlord and any insurance or condemnation proceeds that are available for use by Landlord and Landlord shall not be personally liable for any deficiencydamage or injury resulting from the gross negligence or intentional acts of Landlord. Tenant acknowledges that Landlord shall have no responsibility whatsoever with respect to any responsibilities or obligations of the landlord under the lease made by and between Tenant and the Medical Society of New Jersey dated as of October 1, 2000, as amended, and hereby expressly releases Landlord from any and all responsibility with respect to Article 20 thereunder.

NON-LIABILITY OF LANDLORD. Landlord shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any injury or damage to any person or property in or about the Premises resulting from the Premises, or any part thereof or any equipment thereof, becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of other tenants or occupants or employees in the Premises; or any other thing or circumstance whatsoever concerning the Premises, whether of a like nature or of a wholly different nature unless caused by the willful misconduct or gross negligence of Landlord. All property in or about the Premises belonging to Tenant, its agents, employees or invitees shall be there at the risk of Tenant or other person only, and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof. If Landlord shall fail to perform any covenant or condition of this Lease upon Landlord’s part to be performed and, as a consequence of such default, Tenant shall recover a money judgment against Landlord, then such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of Landlord in the Premises and out of rents or other income from such property receivable by Landlord and any insurance or condemnation proceeds that are available for use by Landlord and Landlord shall not be personally liable for any deficiency. The foregoing shall not diminish or in any way affect the liability of Gilbane Properties, Inc., as developer under the Development Agreement.

NON-LIABILITY OF LANDLORD. Tenant understands and agrees that Landlord shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any injury or damage to any person or property in or about the Premises resulting from the Premises, or any part thereof or any equipment thereof, becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of other tenants or occupants or employees in the Premises; or any other thing or circumstance whatsoever concerning the Premises, whether of a like nature or of a wholly different nature unless caused by the willful misconduct or gross negligence of Landlord. All property in or about the Premises belonging to Tenant, its agents, employees or invitees shall be there at the risk of Tenant or other person only, and Landlord ’s agents shall not be liable for injury or damage thereto to person or theftproperty of Tenant, misappropriation his family, guests, employees or loss invitees, occurring in, on or about the leased premises, or occurring anywhere in an area in which the leased premises are located, or in or upon the grounds in which the apartment building or house is located, or in any other building or structure on said grounds, however caused, and Tenant agrees to defend, indemnify and hold Landlord and Landlord’s agents harmless from any and all claims, suits or damages resulting therefrom. Tenant understands and agrees that Landlord and Landlord’s agents will not be responsible for damage caused by leaks in the roof, by bursting pipes, by freezing or otherwise, or by any vices or defects of the leased property, or the consequences thereof, nor will the Landlord or Landlord’s agents be liable for damages or injury caused by any vices or defects of the leased property to Tenant, or any tenant or occupant or to anyone in the building or on the premises, except in case of positive neglect or failure to take action toward the remedying of such defects within reasonable time after having written notice from Tenant of such defects and the damage caused thereby. Should Tenant fail to so notify Landlord promptly, in writing, of any such defects, Tenant will become responsible for any damage or injury resulting to Landlord or other parties caused by tenant’s negligence. It is recommended that the said Tenant shall maintain renter’s insurance coverage on Tenant’s possessions to be placed within and on the premises. Tenant understands and agrees that Landlord shall only be required to maintain such insurance as is required by law, and is under no duty to Tenant to provide insurance insuring Tenant, Tenant’s family, guests, visitors or other invitees, or the property of Tenant or such other persons. By signing below, Landlord and Tenant certify that they have read and understood this contract and consent to become parties to all the obligations expressed herein. As to Landlord, this _______ day of __________________________, 2018. LANDLORD: Signature: _________________________________ Printed Name: __________________ As to Tenant, this _______ day of __________________________, 2018. TENANT: Signature: _________________________________ Printed Name: ________________________________ Contact Number: (_____) ________-___________ E-Mail Address: _______________________________ As to Tenant, this _______ day of __________________________, 2018. TENANT: Signature: _________________________________ Printed Name: ________________________________ Contact Number: (_____) ________-___________ E-Mail Address: _______________________________ SECURITY DEPOSIT RECEIPT ADDENDUM _____ Property Address: 0000 Xxxxxxxxxx Xxxxx, Xxxx _____, Xxxxx Xxxxx, XX, 00000 Lease Date: ______________________________ This receipt establishes that __________________ (Landlord) has received from __________________________________________________ (Tenant), a security deposit (Cash / Money Order / Check #______ ) in the amount of ________________________________________________ ($_____________) on _________________, 2017. This deposit secures Tenant’s legal obligations with respect to Tenant’s renting the property at 0000 Xxxxxxxxxx Xxxxx, Xxxx _____, Xxxxx Xxxxx, Xxxxxxxxx, 00000. Tenant is aware that if his/her application is not approved, the security deposit will be refunded and Tenant will not be allowed to occupy the property. If Landlord shall fail the application is approved, this deposit will hold the above referenced property for Tenant. If Tenant decides not to perform any covenant or condition of this Lease upon move in, the security deposit will be forfeited to the Landlord’s part to be performed and, as a consequence of such default, Tenant shall recover a money judgment against Landlord, then such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of Landlord in the Premises and out of rents or other income from such property receivable by Landlord and any insurance or condemnation proceeds that are available for use by Landlord and Landlord shall not be personally liable for any deficiency.

NON-LIABILITY OF LANDLORD. Tenant, as a material part of the consideration to Landlord shall for this Lease, will and hereby does assume all risk of loss or damage to furniture, fixtures, supplies, merchandise, and other property, by whomsoever owned, stored or placed in, upon or about the Premises, and does hereby agree that Landlord will not be liable to Tenant, and Tenant hereby waives all claims against Landlord, responsible for any injury loss or damage to any person or property in or about the Premises resulting from the Premisessuch property, or any part thereof or any equipment thereof, becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of other tenants or occupants or employees in the Premises; or any other thing or circumstance whatsoever concerning the Premises, whether of a like nature or of a wholly different nature unless caused by the gross negligence or willful misconduct of Landlord or Landlord's Employees, and waives all claims in respect thereof against Landlord and Xxxxxxxx's Employees and acknowledges that this assumption of risk by Xxxxxx has been bargained for in determining rent and other obligations of Tenant under this Lease. Tenant hereby agrees to indemnify and save harmless Landlord from and against any and all claims for such loss or damage, other than damage caused by the gross negligence or willful misconduct of LandlordLandlord or arising out of a defect which Landlord is required hereunder to repair and has failed to remedy within a reasonable time after having been given written notice. All property in or about Without prejudice to the Premises belonging to Tenantgenerality of the foregoing, its agents, employees or invitees shall be there at the risk of Tenant or other person only, and Landlord shall not be liable for any damage thereto to any property entrusted Landlord or theftLandlord's Employees, misappropriation nor for damage to any property at any time stored or loss thereof. If Landlord shall fail to perform any covenant or condition of this Lease upon Landlord’s part to be performed and, as a consequence of such default, Tenant shall recover a money judgment against Landlord, then such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of Landlord kept in the Premises and or any other part of the Building or Project, arising from rain or from any other water which may leak, issue or flow from any part of the Project, or from the pipes or plumbing from the same or any other place or quarter, nor for any damage to property in the Project caused by theft or accident involving elevators, or for damage of any character arising out of rents defects of construction of the Project, the Premises or any machinery, equipment, electrical wiring or facility therein or failure or breakdown thereof, or from lack of repair or proper operation of the same, or from any other income from such property receivable by cause unless the cause be a defect which Landlord and any insurance or condemnation proceeds that are available for use by Landlord is required hereunder to repair and Landlord shall not be personally liable for any deficiencyhave failed to remedy such defect within a reasonable time after written notice.

NON-LIABILITY OF LANDLORD. Landlord shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any injury or damage to any person or property in or about the Premises Development resulting from the Development, Building or Leased Premises, or any part thereof or any equipment thereof, thereof becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air air-conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of Landlord or of other tenants or occupants or employees in the PremisesDevelopment; or any other thing or circumstance whatsoever concerning the Premiseswhatsoever, whether of a like nature or of a wholly different nature unless caused by nature, so long as the willful misconduct claim, injury or damage is the result of the Landlord's gross negligence including any representative, invitee or agent of Landlordthe Landlord . All property in or about the Development or in the Leased Premises belonging to Tenant, its agents, employees or invitees shall be there at the risk of Tenant or other person only, and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof. If Landlord shall fail to perform any covenant or condition of this Lease upon Landlord’s part to be performed andIF LANDLORD SHALL FAIL TO PERFORM ANY TERM, as a consequence of such defaultCONDITION, Tenant shall recover a money judgment against LandlordCOVENANT OR OBLIGATION REQUIRED TO BE PERFORMED BY IT UNDER THIS LEASE AND IF TENANT SHALL, then such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the rightAS A CONSEQUENCE THEREOF, title and interest of Landlord in the Premises and out of rents or other income from such property receivable by Landlord and any insurance or condemnation proceeds that are available for use by Landlord and Landlord shall not be personally liable for any deficiencyRECOVER A MONEY JUDGMENT AGAINST LANDLORD, TENANT AGREES THAT IT SHALL LOOK SOLELY TO LANDLORD'S RIGHT, TITLE AND INTEREST IN AND TO THE BUILDING. UNDER NO CIRCUMSTANCE SHALL ANY OWNER, PAR1NER, MEMBER OR MANAGER IN OR OF LANDLORD BE LIABLE FOR THE COLLECTION OF SUCH JUDGMENT; AND TENANT FURTHER AGREES THAT NO OTHER ASSETS OF LANDLORD SHALL BE SUBJECT TO LEVY, EXECUTION OR OTHER PROCESS FOR THE SATISFACTION OF TENANT'S JUDGMENT.