Common use of Property Loss or Damage Clause in Contracts

Property Loss or Damage. Landlord or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of Tenant nor the loss or damage to any property of Tenant by theft or otherwise unless caused by the negligence of Landlord, its agents, servants or employees. The Landlord or its agents shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow, or leaks from any part of said building or from the pipes, appliances or plumbing works or from the roof, street or sub-surface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence of Landlord, its agents, servants or employees. Landlord or its agents shall not be liable for any such damage caused by other tenants or persons in said building or caused by operations in construction of any private, public or quasi-public work. Tenant shall give immediate notice to Landlord in case of fire or accidents in the Leased Premises or in the building, or of defects therein or in any building fixtures or equipment. If Tenant shall move any safe, machinery, equipment, freight, bulky matter or fixtures which require special handling, Tenant agrees to employ only persons holding a license to do said work and all work in connection therewith shall comply with any regulations, law or ordinance affecting such work. Tenant shall indemnify Landlord for, and hold Landlord harmless and free from damages sustained by person or property for any damages or monies paid out by Landlord in settlement of any claims or judgments, as well as for all expenses and reasonable attorney fees incurred in connection therewith and all costs incurred in repairing any damage to the building or appurtenances, except however, Tenant shall not be liable for damages, expenses and attorney fees if injury, claim or judgment was caused by the negligence of the Landlord, its agents, servants, or employees.

Property Loss or Damage. 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 or nor its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of Tenant the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise unless caused by the negligence of Landlord, its agents, servants or employeesotherwise. The Neither Landlord or nor its agents shall not be liable for any injury or damage to persons or property or interruption of Tenant’s business resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow, snow or leaks from any part of said building the Building or from the pipes, appliances or plumbing works or from the roof, street or sub-surface subsurface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence of Landlord, its agents, servants or employees. ; nor shall Landlord or its agents shall not be liable for any such damage caused by other tenants or persons in said building the Building or caused by operations in 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. Anything in this Lease to the contrary notwithstanding, nothing in this Lease shall be construed to relieve Landlord from responsibility directly to Tenant for any loss or damage caused directly to Tenant wholly or in part by the negligence or willful misconduct of Landlord or its employees or agents. If at any time any windows of the Premises are temporarily closed, darkened or bricked-up for any reason whatsoever including, but not limited to, Landlord’s own acts, or any of such windows are permanently closed, darkened or bricked-up if required by law or related to any construction upon property adjacent to the Real Property by Landlord or others, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement of Rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction. Tenant shall give immediate prompt notice to Landlord in case of fire or accidents accident in the Leased Premises or in the buildingBuilding discovered by Tenant. Tenant shall not move any safe, heavy machinery, heavy equipment, freight, bulky matter or heavy fixtures into or out of defects therein the Building, to the extent the same require special handling, without Landlord’s prior consent, which consent shall Confidential Treatment Requested by Compass, Inc. Pursuant to 17 C.F.R. Section 200.83 not be unreasonably withheld or delayed, and payment to Landlord of Landlord’s reasonable costs in any building fixtures or equipmentconnection therewith. If Tenant shall move any such safe, machinery, equipment, freight, bulky matter or fixtures which require requires special handling, Tenant agrees to employ only persons holding a license Master Rigger’s License to do said work work, and that all work in connection therewith shall comply with any regulations, law or ordinance affecting such work. Tenant shall indemnify Landlord forthe Administrative Code of the City of New York and all other laws and regulations applicable thereto, and hold shall be done during such hours as Landlord harmless and free from damages sustained by person or property for any damages or monies paid out by Landlord in settlement of any claims or judgments, as well as for all expenses and reasonable attorney fees incurred in connection therewith and all costs incurred in repairing any damage to the building or appurtenances, except however, Tenant shall not be liable for damages, expenses and attorney fees if injury, claim or judgment was caused by the negligence of the Landlord, its agents, servants, or employeesmay reasonably designate.

Property Loss or Damage. 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 or nor its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of Tenant the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise unless caused by the negligence of Landlord, its agents, servants or employeesotherwise. The Neither Landlord or nor its agents shall not be liable for any injury or damage to persons or property or interruption of Tenant’s business resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow, snow or leaks from any part of said building the Building or from the pipes, appliances or plumbing works or from the roof, street or sub-surface subsurface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence of Landlord, its agents, servants or employees. ; nor shall Landlord or its agents shall not be liable for any such damage caused by other tenants or persons in said building the Building or caused by operations in 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. Anything in this Lease to the contrary notwithstanding, nothing in this Lease shall be construed to relieve Landlord from responsibility directly to Tenant for any loss or damage caused directly to Tenant wholly or in part by the negligence or willful misconduct of Landlord or its employees or agents. If at any time any windows of the Premises are temporarily closed, darkened or bricked-up for any reason whatsoever including, but not limited to, Landlord’s own acts, or any of such windows are permanently closed, darkened or bricked-up if required by law or related to any construction upon property adjacent to the Real Property by Landlord or others, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement of Rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction. Tenant shall give immediate prompt notice to Landlord in case of fire or accidents accident in the Leased Premises or in the buildingBuilding discovered by Tenant. Tenant shall not move any safe, heavy machinery, heavy equipment, freight, bulky matter or heavy fixtures into or out of defects therein the Building, to the extent the same require special handling, without Landlord’s prior consent, which consent shall not be unreasonably withheld or delayed, and payment to Landlord of Landlord’s reasonable costs in any building fixtures or equipmentconnection therewith. If Tenant shall move any such safe, machinery, equipment, freight, bulky matter or fixtures which require requires special handling, Tenant agrees to employ only persons holding a license Master Rigger’s License to do said work work, and that all work in connection therewith shall comply with any regulations, law or ordinance affecting such work. Tenant shall indemnify Landlord forthe Administrative Code of the City of New York and all other laws and regulations applicable thereto, and hold shall be done during such hours as Landlord harmless and free from damages sustained by person or property for any damages or monies paid out by Landlord in settlement of any claims or judgments, as well as for all expenses and reasonable attorney fees incurred in connection therewith and all costs incurred in repairing any damage to the building or appurtenances, except however, Tenant shall not be liable for damages, expenses and attorney fees if injury, claim or judgment was caused by the negligence of the Landlord, its agents, servants, or employeesmay reasonably designate.

Property Loss or Damage. Anything in this Article 10 to the contrary notwithstanding, nothing in this Lease shall be construed to relieve Landlord or Landlord's agent from responsibility to Tenant for any loss or damage caused directly to Tenant wholly or in part by the gross negligence or willful misconduct of Landlord or Landlord's agents. 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 not be liable for any damage to property of Tenant or of others entrusted to employees of Tenant the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise unless caused by otherwise, except to the negligence extent such property is required to be delivered to a Building employee pursuant to the terms of Landlord, its agents, servants or employeesthis Lease. The Neither Landlord or nor its agents shall not be liable for any injury or damage to persons or property or interruption of Tenant's business resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow, snow or leaks from any part of said building the Building or from the pipes, appliances or plumbing works or from the roof, street or sub-surface subsurface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by except for Landlord's gross negligence or due to the negligence of Landlord, its agents, servants or employees. willful misconduct; nor shall Landlord or its agents shall not be liable to Tenant for any such damage caused by other tenants or persons in said building the Building or caused by operations in construction of any private, public or quasi-public work. Nothing in the foregoing sentence shall affect any right of Landlord to the indemnity from Tenant to which Landlord may be entitled under Article 37 hereof in order to recoup for payments made to compensate for losses of third parties. If at any time any windows of the Premises are temporarily closed, darkened or bricked-up for any reason whatsoever except Landlord's or Landlord's agents, employees and contractors, own acts, or any of such windows are permanently closed, darkened or bricked-up if required by law or related to any construction upon property adjacent to the Real Property by Landlord or others, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement of Rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction (Landlord shall, however, use commercially reasonable efforts to cause any temporarily darkened or bricked up windows to be reopened.) Tenant shall reimburse and compensate Landlord as additional rent within five (5) days after rendition of a statement for all expenditures made by, or damages or fines sustained or incurred by, Landlord due to nonperformance or noncompliance with or breach or failure to observe any term, covenant or condition of this Lease upon Tenant's part to be kept, observed, performed or complied with. Tenant shall give immediate notice to Landlord in case of fire or accidents accident in the Leased Premises or in the buildingBuilding. Tenant shall not move any safe, heavy machinery, heavy equipment, freight, bulky matter or fixtures into or out of defects therein or the Building without Landlord's prior consent and payment to Landlord of Landlord's costs in any building fixtures or equipmentconnection therewith. If Tenant shall move any such safe, machinery, equipment, freight, bulky matter or fixtures which require requires special handling, Tenant agrees to employ only persons holding a license Master Rigger's License to do said work work, and that all work in connection therewith shall comply with any regulationsthe Administrative Code of the City of New York and all other laws and regulations applicable thereto, law or ordinance affecting and shall be done during such work. hours as Landlord may reasonably designate and, notwithstanding said consent of Landlord, Tenant shall indemnify Landlord for, and hold Landlord harmless and free from from, damages sustained by person persons or property and for any damages or monies paid out by Landlord in settlement of any claims or judgments, as well as for all expenses and reasonable attorney attorneys' fees incurred in connection therewith and all costs incurred in repairing any damage to the building Building or appurtenances, except however, Tenant shall not be liable for damages, expenses and attorney fees if injury, claim or judgment was caused by the negligence of the Landlord, its agents, servants, or employees.