Common use of NON-LIABILITY OF LANDLORD Clause in Contracts

NON-LIABILITY OF LANDLORD. Landlord shall not be liable for (and Tenant shall make no claim for) any property damage which may be sustained by Tenant or any other person: (i) as a consequence of the failure, breakage, leakage, inadequacy, defect or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspouts, or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning or heating systems, elevators or hoisting equipment; or (ii) by reason of the elements; or (iii) resulting from the carelessness, negligence or improper conduct on the part of any other tenant of Landlord or of the Landlord or Landlord’s or this or any other tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or (iv) attributable to any interference with, interruption of or failure, except resulting from Landlord’s negligence, of any services or utilities to be furnished or supplied by Landlord. Tenant shall give Landlord prompt written notice of the occurrence of any events set forth in this Paragraph 12. Tenant shall indemnify Landlord from any expense (including legal fees), loss, liability or damages suffered or incurred in connection with the matters referred to in this Paragraph.

NON-LIABILITY OF LANDLORD. Neither Landlord nor any of its agents, co-venturers, representatives, employees, constituent members, successors or assigns shall not be liable for (and Tenant shall make no claim for) any property damage or injury which may be sustained by Tenant or by any other person, nor shall Tenant have any right to claim an eviction or constructive eviction as a consequence of: (i) as a consequence any defect, latent or apparent in the Demised Premises; or (ii) any change of conditions in the Demised Premises; or (iii) the failure, breakage, leakageleakage or obstruction of the street or sub-surface; or (iv) the failure, inadequacybreakage, defect leakage or obstruction of the water, plumbing, steam, sewer, waste or soil pipes; or (v) the failure, breakage, leakage or obstruction of the roof, walls, drains, leaders, gutters, valleys, downspouts, downspouts or the like like; or (vi) the failure, breakage, leakage or obstruction of the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning or heating systems; or (vii) the failure, breakage, leakage or obstruction of elevators or hoisting equipment; or (iiviii) by reason of any structural failure; or (ix) the elements; or (iiix) resulting from any theft or pilferage; or (xi) any fire, explosion or other casualty; or (xii) the carelessness, negligence or improper conduct on the part of any other tenant of Landlord or of the Landlord Landlord, or Landlord’s or this or any other tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its respective agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or (ivxiii) attributable to any interference with, interruption of or failure, except resulting from beyond the control of Landlord’s negligence, of any services or utilities to be furnished or supplied by Landlord. Tenant All property kept, maintained or stored in, on or at the Demised Premises shall give Landlord prompt written notice be so kept, maintained or stored at the sole risk of the occurrence of any events set forth in this Paragraph 12. Tenant shall indemnify Landlord from any expense (including legal fees), loss, liability or damages suffered or incurred in connection with the matters referred to in this ParagraphTenant.

NON-LIABILITY OF LANDLORD. Landlord (a) Except for their negligent acts or conduct, neither Landlord, Overlandlord, nor any of their agents, representatives, employees, constituent members, successors or assigns shall not be liable for (and Tenant shall make no claim for) any property damage or injury which may be sustained by Tenant or by any other person: (i) , nor shall Tenant have any right to claim an eviction or constructive eviction as a consequence of: any defect, latent or apparent; any change of conditions in the Premises; the failure, breakage, leakage, inadequacy, defect leakage or obstruction of the street or sub-surface; the water, plumbing, steam, sewer, waste or soil pipes; the roof, roofwalls, drains, leaders, gutters, valleys, downspouts, downspouts or the like or of like; the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning or heating systems, ; the elevators or hoisting equipment; or (ii) by reason of any other structural failure; the elements; any theft or (iii) resulting from pilferage; any fire, explosion or other casualty; the carelessness, negligence or improper conduct on the part of any other tenant of Landlord Tenant, or of the Landlord or Landlord’s or this or any other tenant’s agents, employeesoverlandlord, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its their agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or (iv) attributable to any interference with, interruption of or failure, except resulting from beyond the control of Landlord’s negligence, of any services or utilities to be furnished or supplied by Landlord; or any other cause whatsoever. Tenant All property kept, maintained or stored in, on or at the Premises shall give Landlord prompt written notice be so kept, maintained or stored at the sole risk of the occurrence of any events set forth in this Paragraph 12. Tenant shall indemnify Landlord from any expense (including legal fees), loss, liability or damages suffered or incurred in connection with the matters referred to in this Paragraph.Tenant

NON-LIABILITY OF LANDLORD. Except as otherwise provided in Section ------------------------- 11(b) and except where caused by gross negligence or willful misconduct of Landlord, Landlord and Tenant agree Landlord shall not be liable for (and Tenant shall make no claim for) any property damage which may be sustained by Tenant or any other person: (i) , as a consequence of the failure, breakage, leakage, inadequacy, defect or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspouts, or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning or heating systems, elevators or hoisting equipment; or (ii) by reason of the elements; or (iii) resulting from the carelessness, negligence or improper conduct on the part of any other tenant of Landlord or of the Landlord or Landlord’s 's or this or any other tenant’s 's agents, employees, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its agents, employees, guests, licensees, invitees, subtenants, assignees or successorsLandlord; or (iv) attributable to any interference with, interruption of or failure, except resulting from Landlord’s negligence, failure of any services or utilities to be furnished or supplied by Landlord, except if the same results from Landlord's gross negligence. Tenant shall give Landlord prompt written notice of the occurrence of any events set forth in this Paragraph Section 12. Tenant shall indemnify Landlord from any expense (including legal fees), loss, liability or damages suffered or incurred in connection with the matters referred to in this Paragraph.

NON-LIABILITY OF LANDLORD. Landlord shall not be liable to Tenant for any compensation or reduction of rent by reason of inconvenience or annoyance, or for loss of business arising from the necessity of Landlord or its agents entering the Premises for any of the purposes authorized in this Lease, or for repairing the Premises or any portion of the Building, however the necessity may occur. In case Landlord is prevented or delayed from making any repairs, alterations or improvements, or furnishing any services, or performing any other covenant or duty to be performed on Landlord's part, pursuant to the provisions of this Lease, by reason of any cause reasonably beyond Landlord's control, including without limitation the causes set forth in Subparagraph 9(c)(ii) above, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided in Paragraphs 19, 20 and 32 below, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Tenant hereby assumes the risk and agrees that LandIord shall not be liable for injury to Tenant's business or any loss of income therefor or for damage to the goods, wares, merchandise or other property of Tenant, Tenants employees, invitees, customers, or any other person in or about the Premises, the Building or the Land, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or contractors or to anyone claiming by, through or under Tenant, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, or whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Property, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Landlord shall not be liable for (and Tenant shall make no claim for) any property damage which may be sustained by Tenant damages, arising from any act or any other person: (i) as a consequence of the failure, breakage, leakage, inadequacy, defect or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspouts, or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning or heating systems, elevators or hoisting equipment; or (ii) by reason of the elements; or (iii) resulting from the carelessness, negligence or improper conduct on the part neglect of any other tenant of Landlord the Building, theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition, or order of governmental body or authority, or other matter reasonably beyond the Landlord or control of Landlord’s or this or any other tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or (iv) attributable to any interference with, interruption of or failure, except resulting from Landlord’s negligence, of any services or utilities to be furnished or supplied by Landlord. Tenant shall give Landlord prompt written notice of the occurrence of any events set forth in this Paragraph 12. Tenant shall indemnify Landlord from any expense (including legal fees), loss, liability or damages suffered or incurred in connection with the matters referred to in this Paragraph.

NON-LIABILITY OF LANDLORD. Landlord and Landlord’s agents and employees shall not be responsible or liable for, and Tenant waives all claims for, loss or damage that may be occasioned to Tenant’s business or damage to person or property sustained by Tenant resulting from any accident or occurrence (unless caused by or resulting from the negligence or willful misconduct of Landlord, or Landlord’s employees, or agents other than accidents or occurrences against which Tenant is insured) in or upon the Premises or the building, including, but not limited to, claims for damage resulting from: (i) any equipment or appurtenances becoming out of repair (unless it is a Structural Repair that is Landlord’s obligation pursuant to the terms of this Lease); (ii) injury done or occasioned by wind; (iii) any defect in or failure of plumbing, heating or air conditioning equipment, electric wiring or installation thereof, gas, water, fire, and steam pipes, stairs, porches, railing or walks; (iv) broken glass; (v) the backing up of any sewer pipe or downspout; (vi) the bursting, stoppage, leaking or running of any tank, tub, washstand, water closet, waste pipe, drain or other pipe or tank in, upon or about the building or the Premises; (vii) the escape of steam or hot water; (viii) water, snow or ice being upon or coming through the roof, skylight, trapdoor, stairs, doorways, show windows, walks or any other place upon or near the building or the Premises or otherwise; (ix) the falling of any fixture, plaster, tile or stucco; and (x) any act, omission or negligence of other tenants, licensees or of any other persons or occupants of ​ ​ the building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or any part thereof. Landlord shall not be responsible or liable to Tenant for (and Tenant shall make no claim for) any property loss or damage which that may be sustained occasioned by the acts or omissions of persons occupying any space adjacent to or adjoining the Premises, or any part thereof, or for any loss or damage resulting to Tenant or any other person: (i) as a consequence of the failure, breakage, leakage, inadequacy, defect or obstruction of the its property from water, plumbing, gas steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspoutsfire, or the like bursting, stoppage or leaking of sewer pipes, provided such loss or damage is not occasioned by the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning or heating systems, elevators or hoisting equipment; or (ii) by reason of the elements; or (iii) resulting from the carelessness, negligence or improper conduct on the part willful misconduct of any other tenant of Landlord Landlord, or of the Landlord or Landlord’s or this or any other tenant’s agents, its employees, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or (iv) attributable to any interference with, interruption of or failure, except resulting from Landlord’s negligence, of any services or utilities to be furnished or supplied by Landlord. Tenant shall give Landlord prompt written notice of the occurrence of any events set forth in this Paragraph 12. Tenant shall indemnify Landlord from any expense (including legal fees), loss, liability or damages suffered or incurred in connection with the matters referred to in this Paragraph.

NON-LIABILITY OF LANDLORD. 21st: The Landlord shall not be liable for (and Tenant shall make no claim for) any property damage or injury which may be sustained by the Tenant or any other person: (i) , as a consequence of the failure, breakage, leakage, inadequacy, defect leakage or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspouts, downspouts or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning airconditioning or heating systems, elevators or hoisting equipment; or (ii) by reason of the elements; or (iii) resulting from the carelessness, negligence or improper conduct on the part of any other tenant of Landlord or of the Landlord or Landlord’s Tenant or this or any other tenant’s Tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its agents, employees, guests, licenseeslicenses, invitees, subtenants, assignees or successors; or (iv) attributable to any interference with, interruption of or failure, except resulting from Landlord’s negligencebeyond the control of the landlord, of any services or utilities to be furnished or supplied by the Landlord. Tenant shall give Landlord prompt written notice [SEE ADDENDUM A-37] NON-WAIVER BY LANDLORD 22nd: The various rights, remedies, options and elections of the occurrence Landlord, expressed herein, are cumulative, and the failure of the Landlord to enforce strict performance by the Tenant of the conditions and covenants of this lease or to exercise any election or option or to resort or have resources to any remedy herein conferred or the acceptance by the Landlord of any events set forth installment of rent after any breach by Tenant, in this Paragraph 12. Tenant any one or more instances, shall indemnify not be construed or deemed to be a waiver or a relinquishment for the future by the Landlord from of any expense (including legal fees)such conditions and covenants, lossoptions, liability elections or damages suffered or incurred remedies, but the same shall continue in connection with the matters referred to in this Paragraphfull force and effect.

NON-LIABILITY OF LANDLORD. Landlord shall not be liable to Tenant for (and Tenant shall make no claim for) any property damage which or personal injury that may be sustained by Tenant or by any other person: (i) person as a consequence of the failure, breakage, leakage, inadequacy, defect defect, or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, roof drains, leaders, gutters, valleys, downspouts, or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning conditioning, or heating systems, elevators or hoisting equipment; or (ii) by reason of the elements; or (iii) resulting from the carelessness, negligence negligence, or improper conduct on the part of any other tenant of Landlord or on the part of the Landlord or Landlord’s or this Tenant’s or any other tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its agentsassignees, employees, guests, licensees, invitees, subtenants, assignees or successors; or (iv) attributable to any interference with, interruption of interruption, or failure, except resulting from Landlord’s negligence, failure of any services or utilities to be furnished or supplied by Landlord. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be liable for any loss or liability suffered or incurred as a result of the negligence or willful misconduct of Landlord, its agents, representatives, servants, invitees, licensees, contractors or employee. Tenant shall give Landlord prompt written notice of the occurrence of any events set forth in this Paragraph 12. Tenant shall indemnify Landlord from any expense (including legal fees), loss, liability or damages suffered or incurred in connection with the matters referred to in this Paragraph.

NON-LIABILITY OF LANDLORD. Landlord (a) Except as otherwise herein provided, neither Landlord, Ground Lessor nor any of its agents, co-venturers, representatives, employees, constituent members, successors or assigns shall not be liable for (and Tenant shall make no claim for) any property damage injury which may be sustained by Tenant or any other person: (i) as a consequence of: any defect, latent or apparent; any change of conditions in the Premises; the failure, breakage, leakage, inadequacy, defect leakage or obstruction of the street or sub-surface; the water, plumbing, steam, sewer, waste or soil pipes; the roof, roofwalls, drains, leaders, gutters, valleys, downspouts, downspouts or the like or of like; the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning or heating systems, ; the elevators or hoisting equipment; or (ii) by reason of any other structural failure; the elements; any theft or (iii) resulting from pilferage; any fire, explosion or other casualty; the carelessness, negligence or improper conduct on the part of any other tenant of Landlord or of the Landlord or Landlord’s or this or any other tenant’s agentsTenant, employees, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or (iv) attributable to any interference with, interruption of or failure, except resulting from beyond the control of Landlord’s negligence, of any services or utilities to be furnished to the Premises; or supplied any other cause whatsoever. Notwithstanding the provisions of this subparagraph (a), Landlord, except as otherwise herein provided, shall be liable for the consequences of its negligence and Landlord shall be liable for the consequences of its default(s) under this lease. Landlord shall be entitled to receive a credit on account of any damage claim pursuant to this subparagraph (a) of an amount equal to all proceeds of insurance received by Tenant as a result of such act and/or omission of Landlord. Tenant shall give Landlord prompt written notice of the occurrence of any events set forth Except as otherwise provided in this Paragraph 12. Tenant shall indemnify Landlord from any expense (including legal feessubparagraph 47(e), lossall property kept, liability maintained or damages suffered stored in, on or incurred in connection with at the matters referred Premises shall be so kept, maintained or stored at the sole risk of Tenant, it being acknowledged that Tenant is to in this Paragraphmaintain insurance to cover any damage or loss to such property.