Common use of Non Liability and Indemnification Clause in Contracts

Non Liability and Indemnification. 17.1 Neither Landlord nor Landlord’s agents, officers, directors, shareholders, partners or principals (disclosed or undisclosed) shall be liable to Tenant or Tenant’s agents, employees, contractors, invitees or licensees or any other occupant of the Premises, and Tenant shall save Landlord, Landlord’s agents, the Superior Lessor and the Superior Mortgagee and their respective agents, employees, contractors, officers, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s Property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighboring property or caused by operations in construction of any private, public or quasi-public work) unless due to the negligence of Landlord or Landlord’s employees or agents without contributory negligence on the part of Tenant, its employees, agents, contractors, invitees or licensees, it being understood that no property other than such as might normally be brought upon or kept in the Premises as incidental to the reasonable use of the Premises for the purposes herein permitted will be brought upon or kept in the Premises; provided, however, that even if due to any such negligence of Landlord or Landlord’s agents, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. Landlord and Landlord’s agents shall not be liable, to the extent of Tenant’s insurance coverage, for any loss or damage to any person or property even if due to the negligence 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 Landlord’s agents shall be liable for any loss of or damage to any such property by theft or otherwise.

Non Liability and Indemnification. 17.1 (a) Neither the Landlord nor Landlord’s agents, officers, directors, shareholders, partners or principals (disclosed or undisclosed) its agents shall be liable for any damage to property of the Tenant entrusted to employees of the Building, nor to any property, goods, or things contained in the Leased Premises or stored in the Garage or any other part of the Building, or in the Outside or Garage Parking Areas. Except to the extent of any proceeds of any insurance policy carried either by the Landlord or the Tenant, compensates the Tenant, the Landlord shall not be liable for any injury or damage to Tenant or property on the Land or in the Building or to the business of the Tenant’s agents, employees, contractors, invitees or licensees or any other occupant interruption thereof, resulting from theft, burglary, explosion, wind or accident, falling plaster, steam, gas, electricity, water, rain or snow, leakage from any part of the PremisesBuilding or from pipes, and Tenant shall save Landlordappliances, Landlord’s agents, or plumbing works in the Superior Lessor and Building or from the Superior Mortgagee and their respective agents, employees, contractors, officers, directors, shareholders, partners and principals (disclosed street or undisclosed) harmless sub-surface thereof or from any lossother source, costor from dampness, liabilityor from damage occasioned by workmen engaged in making repairs or alterations in or upon the Building or the Land, claimor from damage by other Tenants or persons in the Building or on the Land, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage tointerference with the light or other incorporeal hereditaments, or loss (by theft or otherwise) of, any of Tenant’s Property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighboring property or caused by operations in the construction of any private, public or quasi-public work) unless due , or for any other cause of whatsoever nature. With respect to any loss, damage or injury of any nature whatsoever to property or persons for which Tenant is insured, Tenant shall obtain from its insurance carrier and will deliver to Landlord, waivers of the negligence of subrogation rights under the respective policies. Landlord or Landlord’s employees or agents without contributory negligence agrees to always maintain all risk insurance on the part Building and improvements for full replacement value covering any loss, damage or injury arising out of fire or other casualty, including but not limited to, insurance for damage to property arising from intentional acts of the Landlord, and Landlord agrees to obtain from its insurance carrier and will deliver to Tenant, waivers of the subrogation rights against the Tenant under any such insurance policies and Landlord waives all claims against Tenant for any loss resulting from any act or omission by Tenant, its employees, agents, contractorsservants, invitees invitees, contractors or licenseesemployees. Additionally, it being understood that no property other than such as might normally be brought upon or kept in the Premises as incidental to the reasonable use event of the Premises for the purposes herein permitted will be brought upon or kept in the Premises; provided, however, that even if due to any such negligence of Landlord or Landlord’s agents, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. Landlord and Landlord’s agents shall not be liable, to the extent of Tenant’s insurance coverage, for any loss or damage to the Building the Premises and/or any person or property even if due to contents each party waives all claims against the negligence 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 Landlord’s agents shall be liable other for any such loss of or damage and each party shall look only to any insurance which it has obtained to protect against such property by theft loss and each party shall obtain, for each policy of such insurance, provisions waiving any claims against the other party for loss or otherwisedamage within the scope of such insurance.

Non Liability and Indemnification. 17.1 SECTION 20.01 Neither Landlord nor Landlord’s 's agents, officers, directors, shareholders, partners or principals (disclosed principals(disclosed or undisclosed) shall be liable to Tenant or Tenant’s 's agents, employees, contractors, invitees or licensees or any other occupant of the Premises, and Tenant shall save Landlord, Landlord’s agents, the Superior Lessor and the Superior Mortgagee and their respective agents, employees, contractors, officers, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from hereby indemnifies Landlord against any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ attorney's fees and disbursementsdisbursement), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss loss, (by theft or otherwise) of, any of Tenant’s 's Property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighboring property or caused by operations in construction of any private, public or quasi-public work) unless due to the sole negligence of Landlord or Landlord’s employees or agents without contributory negligence on the part of Tenant, its employees, 's agents, contractors, invitees or licensees, it being understood that no property other than such as might normally be brought upon or kept in the Premises as incidental to the reasonable use of the Premises for the purposes herein permitted will be brought upon or be kept in the Premises; provided, however, that even if due to any such negligence of Landlord or Landlord’s 's agents, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. Landlord and Landlord’s 's agents shall not be liable, to the extent of Tenant’s 's insurance coverage, for any loss or damage to any person or property even if due to the negligence of Landlord or Landlord’s '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 's agent with respect to such property and neither Landlord nor Landlord’s landlord's agents shall be liable for any loss of or damage to any such property by theft or otherwise.

Non Liability and Indemnification. 17.1 Neither Landlord nor 21.01 (a) To the fullest extent permitted by law, Landlord’s agents, officersthe lessors under all superior leases (including the Existing Superior Lease), directors, shareholders, partners or principals (disclosed or undisclosed) shall be liable to Tenant or Tenant’s agents, employees, contractors, invitees or licensees or any other occupant the holders of the Premisesall superior mortgages, and Tenant shall save Landlord, Landlord’s agents, the Superior Lessor and the Superior Mortgagee and all of their respective agents, employees, contractors, officers, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from any loss(collectively, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty “Landlord Indemnitees”) shall not be liable or fine incurred in connection with or arising from any injury responsible to Tenant or any Tenant Party for any injury, loss or damage to Tenant, any Tenant Party or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant’s Property , any Tenant Party or of the property of any other person, irrespective of the cause of such injury, damage or loss, including any injury, loss (including or damage that may be occasioned by the acts or negligence omissions of persons occupying any tenant space adjacent to or of any owners adjoining the Premises, or occupants of adjacent or neighboring property or caused by operations in construction of any private, public or quasi-public work) unless due to the negligence of Landlord or Landlord’s employees or agents without contributory negligence on the part of Tenant, its employees, agents, contractors, invitees or licensees, it being understood that no property other than such as might normally be brought upon or kept elsewhere in the Premises as incidental to the reasonable use of the Premises for the purposes herein permitted will be brought upon Building, or kept in the Premises; providedany part thereof, however, that even if due to any such negligence of Landlord or Landlord’s agents, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. Landlord and Landlord’s agents shall not be liable, to the extent of Tenant’s insurance coverage, for any loss or damage resulting to Tenant, any person Tenant Party or any of their property even if due from water, gas, steam, fire, or the bursting, stoppage or leaking of sewer or other pipes, except, in each case, to the extent caused by the negligence or misconduct of Landlord or Landlord’s agentsa Landlord Party or for which Landlord or a Landlord Party is liable under Legal Requirements, in all events subject to Section 11.03 above. Any Building employee Furthermore, Landlord shall not be responsible or liable for any damage to whom property of Tenant, any property shall be Tenant Party or any other person, entrusted by to employees of the Building. If at any time any windows of the Premises are closed, darkened or on behalf bricked up as a result of Tenant shall be deemed to be acting as Tenant’s agent with respect to such property and any Requirement or adjacent construction, neither Landlord nor Landlord’s agents any Landlord Indemnitee shall be liable for any loss of damage Tenant or damage any Tenant Party may sustain thereby and Tenant shall not be entitled to any such property by theft compensation therefor nor abatement or otherwisediminution of rents nor shall the same release Tenant from its obligations under this Sublease nor constitute an eviction except as otherwise provided in this Sublease.

Non Liability and Indemnification. 17.1 Neither (a) Unless caused by Landlord’s gross negligence or intentional misconduct, or that of Landlord’s employees, agents or contractors, Tenant shall indemnify and hold harmless Landlord nor Landlordand its agents from and against any and all claims for damage to the person or property of anyone or any entity arising from Tenant’s negligent use of the Premises, or from any negligence or intentional misconduct of Tenant in or about the Premises or elsewhere, and shall further indemnify and hold harmless Landlord from and against any and all claims, costs, and expenses arising from any breach or default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or arising from any other negligent act or omission of Tenant or any of Tenant’s agents, officerscontractors, directorsemployees, shareholdersor invitees, partners and from and against all costs, reasonable attorney’s fees, expenses and liabilities incurred by Landlord as the result of any such use, breach, default, misconduct or principals (disclosed negligence, and in dealing reasonably therewith, including, but not limited to, the defense or undisclosed) pursuit of any claim or any action or proceeding involved therein; and in case any action or proceeding be brought against Landlord by reason of any such matter, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord and Landlord shall cooperate with Tenant in such defense. Landlord need not have first paid any such claim in order to be liable so indemnified. This indemnity shall expressly survive expiration or termination of this Lease. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property of Tenant or injury to person, in, upon, or about the Premises arising from any cause, except for the negligence or intentional misconduct of Landlord, its agents, employees and contractors, and Tenant hereby waives all claims in respect thereof against Landlord. (b) Unless caused by Tenant’s gross negligence or intentional misconduct, or that of Tenant’s agents, employees, or contractors, invitees Landlord shall indemnify and hold harmless Tenant and its agents from and against any and all claims for damage to the person or licensees property of anyone or any other occupant entity arising from Landlord’s negligent operation of the PremisesBuilding, or from any negligence or intentional misconduct of Landlord in or about the Building, and shall further indemnify and hold harmless Tenant shall save from and against any and all claims, costs, and expenses arising from any breach or default in the performance of any obligation on Landlord’s part to be performed under the terms of this Lease, or arising from any other negligent act or omission of Landlord or any of Landlord’s agents, the Superior Lessor and the Superior Mortgagee and their respective agents, contractors or employees, contractorsand from and against all costs, officersreasonable attorney’s fees, directorsexpenses and liabilities incurred by Tenant as the result of any such use, shareholdersbreach, partners default, misconduct, or negligence, and principals (disclosed in dealing reasonably therewith, including, but not limited to, the defense or undisclosed) harmless pursuit of any claim or any action or proceeding involved therein; and in case any action or proceeding be brought against Tenant by reason of any such matter, Landlord upon notice from any loss, cost, liability, claim, damage, Tenant shall defend the same at Landlord’s expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with or arising from any injury by counsel reasonably satisfactory to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s Property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighboring property or caused by operations in construction of any private, public or quasi-public work) unless due to the negligence of Landlord or Landlord’s employees or agents without contributory negligence on the part of Tenant, its employees, agents, contractors, invitees or licensees, it being understood that no property other than such as might normally be brought upon or kept in the Premises as incidental to the reasonable use of the Premises for the purposes herein permitted will be brought upon or kept in the Premises; provided, however, that even if due to any such negligence of Landlord or Landlord’s agents, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. Landlord and Landlord’s agents shall not be liable, to the extent of Tenant’s insurance coverage, for any loss or damage to any person or property even if due to the negligence 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 cooperate with respect to Landlord in such property and neither Landlord nor Landlord’s agents shall be liable for any loss of or damage to any such property by theft or otherwisedefense.

Non Liability and Indemnification. 17.1 20.01. Neither Landlord nor Landlord’s agents, officers, directors, shareholders, partners any agent or principals (disclosed or undisclosed) employee of Landlord shall be liable to Tenant or Tenant’s , its employees, agents, employees, contractors, invitees or licensees or any other occupant of the Premisescontractors and licensees, and Tenant shall save Landlord, Landlord’s agents, the Superior Lessor and the Superior Mortgagee and their respective agents, employees, contractors, officers, directors, shareholders, partners and principals (disclosed or undisclosed) hold Landlord harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with or arising from for any injury or damage to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant’s Property or of the property Tenant and/or of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighboring property or loss, unless caused by operations in construction of any private, public or quasi-public work) unless due to the negligence of Landlord Landlord, its agents or Landlord’s employees or agents without contributory negligence on the part of Tenant, its employees, agents, contractors, invitees or licensees, it being understood that no property property, other than such as might normally be brought upon or kept in the Demised Premises as incidental incident to the reasonable use of the Demised Premises for the purposes herein permitted permitted, will be brought upon or be kept in the Demised Premises; . Landlord shall not be liable in any event for loss of, or damage to, any property entrusted to any of Landlord's employees or agents by Tenant without Landlord's specific written consent. Without affecting the generality of the foregoing, if Landlord shall consent to the omission or removal of any part of, or the insertion of any door or other opening in, any wall separating the Demised Premises from adjoining space leased to another tenant, then (i) Tenant shall be responsible for all risk of damage to, or loss or theft of, property arising as a result of such omission or removal or the use of such door or other opening, or because of the existence thereof, and shall indemnify and save Landlord harmless from and against any claim, demand or action for, or on account of, any such loss, theft or damage, and (ii) in the event of the termination of this Lease or the lease of said other tenant, Landlord may enter the Demised Premises and Landlord, at Tenant's expense, may close up such door or other opening by erecting a wall to match the wall separating the Demised Premises from said adjoining space, and Tenant shall pay the reasonable cost thereof and Tenant shall not be entitled to any diminution or abatement of Rent or other compensation by reason thereof provided, however, that even if due to any such negligence of Landlord or Landlord’s agents, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. Landlord and Landlord’s agents shall not be liable, to the extent of Tenant’s insurance coverage, for any loss or damage to any person or property even if due to the negligence of Landlord or Landlord’s agents. Any Building employee to whom any property shall be entrusted by or on behalf of Tenant nothing herein contained shall be deemed to be acting as Tenant’s agent vest Tenant with any right or interest in, or with respect to, said adjoining space, or the use thereof, and Tenant hereby expressly waives any right to such property and neither be made a party to, or to be served with process or other notice under or in connection with any proceeding or action which may be hereafter be instituted by Landlord nor Landlord’s agents shall be liable for any loss the recovery of or damage to any such property by theft or otherwisethe possession of said adjoining space.

Non Liability and Indemnification. 17.1 56. A. Neither Landlord nor Landlord’s 's agents, officers, directors, shareholders, partners or principals (disclosed or undisclosed) shall be liable to Tenant or Tenant’s 's agents, employees, contractors, invitees or licensees or any other occupant of the Premises, and Tenant shall save Landlord, Landlord’s agents, any mortgagee of the Superior Lessor and Real Property and/or the Superior Mortgagee Building and their respective agents, employees, contractors, officers, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ attorneys fees and disbursements), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s Property Tenant s property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighboring property or caused by operations in construction of any private, private public or quasi-public work) unless due to the negligence of Landlord or Landlord’s employees or agents without contributory negligence on the part of Tenant, its employees, 's agents, contractors, invitees or licensees, it being understood that no property property, other than such as might normally be brought upon or kept in the Premises as incidental to the reasonable use of the Premises for the purposes herein permitted will be brought upon or be kept in the Premises; provided, however, that even if due to any such negligence of Landlord or Landlord’s 's agents, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. therewith and Landlord and Landlord’s Landlord s agents shall not be liable, to the extent of Tenant’s 's insurance coverage, for any loss or damage to any person or property even if due to the negligence of Landlord or Landlord’s 's agents. Any Building building employee to whom any property 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 Landlord’s 's agents shall be liable for any loss of or damage to any such property by theft or otherwise.

Non Liability and Indemnification. 17.1 Neither (a) Unless caused by Landlord's negligence, intentional misconduct, or that of its employees, agents or contractors, Tenant shall indemnify and hold harmless Landlord nor Landlord’s and its agents from and against any and all claims for damage to the person or property of anyone or any entity to the extent arising from Tenant's use of the Premises, or from the conduct of Tenant's business or from any activity, work, or things done, permitted, or suffered by Tenant in or about the Premises or elsewhere and shall further indemnify and hold harmless Landlord from and against any and all claims, costs, and expenses arising to the extent from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising to the extent from any act or omission of Tenant, or any of Tenant's agents, officerscontractors, directorsemployees, shareholdersor invitees, partners and from and against all costs, reasonable attorney's fees, expenses and liabilities incurred by Landlord as the result of any such use, conduct, activity, work, things done, permitted, or principals (disclosed suffered, breach, default, or undisclosed) negligence, and in dealing reasonably therewith, including, but not limited to, the defense or pursuit of any claim or any action or proceeding involved therein; and in case any action or proceeding be brought against Landlord by reason of any such matter, Tenant upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord and Landlord shall cooperate with Tenant in such defense. Landlord need not have first paid any such claim in order to be liable so indemnified. This indemnity shall expressly survive expiration or termination of this Lease. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property of Tenant or Tenant’s agents, injury to its employees, contractors, agents, and invitees in, upon, or licensees about the Premises arising from any cause except negligence or any other occupant intentional misconduct of the PremisesLandlord, its agents, employees and contractors, and Tenant shall save hereby waives all claims in respect thereof against Landlord, Landlord’s agents, the Superior Lessor and the Superior Mortgagee and their respective agents, employees, contractors, officers, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty or fine incurred in connection with or arising from any injury to Tenant or to any other person or for any damage to, or loss (by theft or otherwise) of, any of Tenant’s Property or of the property of any other person, irrespective of the cause of such injury, damage or loss (including the acts or negligence of any tenant or of any owners or occupants of adjacent or neighboring property or caused by operations in construction of any private, public or quasi-public work) unless due to the negligence of Landlord or Landlord’s employees or agents without contributory negligence on the part of Tenant, its employees, agents, contractors, invitees or licensees, it being understood that no property other than such as might normally be brought upon or kept in the Premises as incidental to the reasonable use of the Premises for the purposes herein permitted will be brought upon or kept in the Premises; provided, however, that even if due to any such negligence of Landlord or Landlord’s agents, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. Landlord and Landlord’s agents shall not be liable, to the extent of Tenant’s insurance coverage, for any loss or damage to any person or property even if due to the negligence 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 Landlord’s agents shall be liable for any loss of or damage to any such property by theft or otherwise.

Non Liability and Indemnification. 17.1 23.01 Neither Landlord nor Landlord’s agentsany partner, officersjoint venturer, directorsdirector, shareholdersofficer, partners agent, servant or principals (disclosed or undisclosed) employee of Landlord shall be liable to Tenant or Tenant’s agents, employees, contractors, invitees or licensees or any other occupant of the Premises, and Tenant shall save Landlord, Landlord’s agents, the Superior Lessor and the Superior Mortgagee and their respective agents, employees, contractors, officers, directors, shareholders, partners and principals (disclosed or undisclosed) harmless from for any loss, cost, liability, claim, damage, expense (including reasonable attorneys’ fees and disbursements), penalty injury or fine incurred in connection with or arising from any injury damage to Tenant or to any other person or for any damage toPerson, or loss (by theft to its or otherwise) of, any of Tenant’s Property or of the property of any other persontheir property, irrespective of the cause of such injury, damage or loss (including loss, unless caused by or resulting from the acts or negligence of Landlord, its agents, servants or employees in the operation or maintenance of the Land or Building without contributory negligence on the part of Tenant or its employees, licensees, agents or contractors. Further, neither Landlord nor any tenant partner, joint venturer, director, officer, agent, servant or employee of Landlord shall be liable (a) for any owners such damage caused by other tenants or occupants of adjacent Persons in, upon or neighboring property about the Land or Building, or caused by operations in construction of any private, public or quasi-public work; or (b) even if negligent, for consequential damages arising out of any loss of use of the Demised Premises or any equipment or facilities therein by Tenant or any Person claiming through or under Tenant. Tenant shall indemnify and save harmless Landlord any partner, joint venturer, director, officer, agent servant or employee of Landlord against and form all liabilities, suits, obligations, fines, damages, penalties, claims, costs, charges and expenses, including without limitation, attorneys’ fees and disbursements, which may be imposed upon or asserted against or reasonably incurred by Landlord by reason of any of the following occurring during the Term unless due to caused by the negligence of Landlord or Landlord’s its respective assigns, agents or employees or agents without contributory negligence on the part of Tenant, or its licensees, employees or agents: (a) Any use, non-use, possession, occupation, alteration, repair, condition, operation, maintenance or management of the Demised Premises or any part thereof attributable to the negligent or wrongful acts of Tenant, or any of its licensees, or its agents or employees, including, without limitations, any street, alley sidewalk, curb, vault or passageway comprising a part of the Demised Premises or adjacent thereof; (b) any act or failure to act on the part of Tenant, or any of its agents, contractors, invitees servants, employees, licensees or licenseesinvitees; (c) Any accident, it being understood that no property other than such as might normally be brought upon or kept in the Premises as incidental to the reasonable use of the Premises for the purposes herein permitted will be brought upon or kept in the Premises; provided, however, that even if due to any such negligence of Landlord or Landlord’s agents, Tenant waives, to the full extent permitted by law, any claim for consequential damages in connection therewith. Landlord and Landlord’s agents shall not be liable, to the extent of Tenant’s insurance coverage, for any loss injury (including death) or damage to any person or property even if due occurring in, on or about the Demised Premises or any part thereof or in, or about any street, alley, sidewalk, curb, vault or passageway comprising a part thereof or adjacent thereto, including any and all areas, the repair and maintenance of which Tenant is responsible for pursuant to Article 17 hereof, which accident, injury or damage is attributable to Tenant’s, or any of its licensees’, agents’ or employees acts or failure to act; (d) Any lien or claim which may be alleged to have arisen against or on the negligence Demised Premises, or any lien or claim created or permitted to be created by Txxxxx and which arises out of Txxxxx’s tenancy hereunder, against any assets of Landlord or Landlordany liability asserted against Landlord with respect thereto not arising by reason of a debt or liability of Landlord for which Tenant is not otherwise liable under the provisions of this Lease; (e) Any contest permitted pursuant to the provisions of Article 11 hereof, except as provided therein; (f) Any failure on the part of Tenant to keep, observe and perform any of the terms, covenants, agreements, provisions, conditions or limitations contained in any other contracts and agreements affecting the Demised Premises, on Tenant’s agents. part to be kept, observed or performed; (g) Any Building employee failure on the part of Tenant to whom pay Rent or to perform or comply with any property shall be entrusted by of the covenants, agreements, terms or conditions contained in this Lease, or on behalf of Tenant shall be deemed its part to be acting as Tenant’s agent performed or complied with and the exercise by Landlord of any remedy provided in this Lease with respect thereto; or (h) Any claim for brokerage commissions, fees or other compensation by any person other then the Broker who alleges to such property and neither Landlord nor Landlord’s agents shall be liable for any loss of have acted or damage to any such property dealt with Tenant in connection with this lease or the transactions contemplated by theft or otherwisethis Lease.