Common use of Assumption of Risk Clause in Contracts

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development Project resulting from any the act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentProject, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development Project or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment equipment, property or facilities therein by Tenant or any Tenant Parties (as defined in Subparagraph 8(c) above) or for interference with light or other incorporeal hereditamentslight. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development Project resulting from any the act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentProject, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development Project or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties (as defined in Subparagraph 8(c) above) or for interference with light or other incorporeal hereditamentslight. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the other consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development Project resulting from any the act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentProject, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft them or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development Project or from the pipes, appliances or plumbing works therein or from the roofroot, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties (as defined in Subparagraph 8(c) above) or for interference with light or other incorporeal hereditamentslight. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects detects therein or in the fixtures or equipment.

Assumption of Risk. TenantTenant hereby assumes all risk of damage or injury to any person or property in, as a material part on, or about the Premises from any cause other than the gross negligence, sole negligence or willful misconduct of the consideration to Landlord. Tenant agrees that, hereby agrees that neither unless expressly provided herein, no Landlord nor any Landlord Indemnified Related Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant forfor any loss, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect toinjury, (i) any and all damage to property or injury to persons indeath, upon or about the Premises, the Building or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building following: (a) theft; (b) Force Majeure; (c) any accident or occurrence in the Premises or any other portion of the Development Building or from the Project not due to the gross negligence, sole negligence or willful misconduct of the Landlord Related Parties and caused by the Premises or any other portion of the Building or the Project being or becoming out of repair or by the obstruction, breakage or defect in or failure of equipment, pipes, appliances sprinklers, wiring, plumbing, heating, ventilation and air- conditioning or plumbing works therein lighting fixtures of the Building or from the roofProject or by broken glass or by the backing up of drains, street or subsurface by gas, water, steam, electricity or from oil leaking, escaping or flowing into or out of the Premises; (d) construction, repair or alteration of any other placepremises in the Building or the Premises, unless due solely to the gross negligence, sole negligence or resulting from dampnesswillful misconduct of Landlord; (e) business interruption or loss of use of the Premises; (f) any diminution or shutting off of light, air or view by any structure erected on the Land or any land adjacent to the Project, even if Landlord is the adjacent land owner; (g) mold or indoor air quality not due to the gross negligence, sole negligence or willful misconduct of the Landlord Related Parties; or (h) any acts or omissions of any other tenant, occupant or visitor of the Building or the Project. Notwithstanding anything to the contrary contained in this Lease, neither in no event shall Landlord nor any Landlord Indemnified Parties will be liable for consequential indirect, consequential, or punitive damages, including, without limitation, any damages arising out of any loss based on lost profits. None of the use foregoing shall be considered a constructive eviction of Tenant, nor shall the Premises or any equipment or facilities therein by same entitle Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case an abatement of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipmentRent.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development Project resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, except to the extent of Landlord's breach of its obligations under this Lease, negligence or willful misconduct, (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentProject, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (viv) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development Project or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditamentsParties. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development Premises (except that resulting from any the negligent or willful act or omission (except for the grossly negligent of Landlord or intentionally wrongful act its employees, agents or omission) of Landlordcontractors), (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentPremises, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (viv) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampnessdampness (except to the extent resulting from the negligent or willful act or omission of Landlord or its employees, agents or contractors). Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipmentParties.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and and, as to such parties, Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development Premises (except that resulting from any the negligent or willful act or omission (except for the grossly negligent of Landlord or intentionally wrongful act its employees, agents or omission) of Landlordcontractors), (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentPremises, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (viv) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampnessdampness (except to the extent resulting from any negligent or willful act or omission of Landlord or its employees, agents or contractors). Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees The assumption of risk and waiver contained in this section is solely for the benefit of Landlord and the Landlord Indemnified Parties, shall not include or accrue to give prompt notice to Landlord the benefit of any other party and shall not waive any express warranties contained in case of fire or accidents in the Premises this Lease or the Building, or of defects therein or in the fixtures or equipmentWork Letter Agreement.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the other consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of o/ and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development Project resulting from any /rom the act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentProject, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the The Building, (iv) any loss of or damage to property by theft them or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from /rom any part of o/ the Building or any other portion of the Development Project or from the pipes, appliances or plumbing works therein or from the roofroot, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties (as defined in Subparagraph 8(c) above) or for interference with light or other incorporeal hereditamentslight. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects detects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. TenantTenant hereby assumes all risk of damage or injury to any person or property in, as a material part on, or about the Premises from any cause other than the negligence or willful misconduct of the consideration to Landlord, hereby . Tenant agrees that neither no Landlord nor any Landlord Indemnified Related Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant forfor any loss, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect toinjury, (i) any and all damage to property or injury to persons indeath, upon or about the Premises, the Building or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building following, except to the extent the same is due to the negligence or willful misconduct of any Landlord Related Party: (a) theft; (b) Force Majeure; (c) any accident or occurrence in the Premises or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of Project caused by the Premises or any equipment other portion of the Project being or facilities therein becoming out of repair or by Tenant the obstruction, breakage or defect in or failure of equipment, pipes, sprinklers, wiring, plumbing, heating, ventilation and air-conditioning or lighting fixtures of the Building or the Project or by broken glass or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into or out of the Premises; (d) construction, repair or alteration of any other premises in the Project or the Premises; (e) business interruption or loss of use of the Premises; (f) any diminution or shutting off of light, air or view by any structure erected on the Land or any Tenant Parties land adjacent to the Project, even if Landlord is the adjacent land owner; (g) mold or indoor air quality; or (h) any acts or omissions of any other tenant, occupant or visitor of the Project. In no event shall Landlord be liable for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Buildingindirect, consequential, or punitive damages, including, without limitation, any damages based on lost profits. None of defects therein or in the fixtures or equipmentforegoing shall be considered a constructive eviction of Tenant, nor shall the same entitle Tenant to an abatement of Rent.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development Project resulting from any act or omission of Landlord (except for the grossly negligent Landlord’s or any Landlord Parties’ active negligence or intentionally wrongful act or omission) omission or breach of Landlordthis Lease), (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentProject, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development Project or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness; provided that in no event shall the foregoing waiver apply to any damage or injury to the extent caused by the active negligence, willful misconduct or breach of this Lease by Landlord or any Landlord Parties. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for any special, consequential or punitive damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditamentsParties. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development Premises (except that resulting from any the negligent or intentionally willful act or omission (except for the grossly negligent of Landlord or intentionally wrongful act its agents, employees or omission) of Landlordcontractors), (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentPremises, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the BuildingPremises, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the BuildingPremises, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development Premises resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentPremises, or caused by quasi-public work, including, without limitation, work performed by utility companies, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development Premises or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties (except for the grossly negligent or intentionally wrongful act or omission of Landlord or any Landlord Indemnified Parties) with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord partners, members, officers, directors, employees, agents, attorneys, lenders, successors and assigns (collectively, "Landlord Indemnified Parties (as defined in Subparagraph 8(cParties") above) will shall be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building Premises or the Development Industrial Project resulting from any the act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentIndustrial Project, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the BuildingIndustrial Project, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building Industrial Project or any other portion of the Development Common Areas or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties Tenant's agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, "Tenant's Parties") or for interference with light or other incorporeal hereditamentslight. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Office Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building Buildings or the Development Premises resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of LandlordLandlord or any Landlord Indemnified Parties, (ii) any such damage caused by other tenants or persons in or about the Building Buildings or the DevelopmentPremises, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (viv) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building Buildings or any other portion of the Development Premises or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in at the Premises or the BuildingPremises, or of defects therein in the Building or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development Premises resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentPremises, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (viv) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development Premises or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Tenant’s Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in at the Premises or the BuildingPremises, or of defects therein in the Building or in the fixtures or equipment.

Assumption of Risk. TenantTenant hereby assumes all risk of damage or injury to any person or property in, as a material part on, or about the Premises from any cause other than the gross negligence, sole negligence or willful misconduct of the consideration to Landlord, hereby its agents or employees. Tenant agrees that neither that, unless expressly provided herein, no Landlord nor any Landlord Indemnified Related Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant forfor any loss, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect toinjury, (i) any and all damage to property or injury to persons indeath, upon or about the Premises, the Building or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building following, regardless of whether the same is due to the active or passive act of any Landlord Related Party: (a) theft; (b) Force Majeure; (c) any accident or occurrence in the Premises or any other portion of the Development Building or from the Project caused by the Premises or any other portion of the Building or the Project being or becoming out of repair or by the obstruction, breakage or defect in or failure of equipment, pipes, appliances sprinklers, wiring, plumbing, heating, ventilation and air-conditioning or plumbing works therein lighting fixtures of the Building or from the roofProject or by broken glass or by the backing up of drains, street or subsurface by gas, water, steam, electricity or from oil leaking, escaping or flowing into or out of the Premises; (d) construction, repair or alteration of any other placepremises in the Building or the Premises, unless due solely to the gross negligence, sole negligence or resulting from dampnesswillful misconduct of Landlord; (e) business interruption or loss of use of the Premises; (f) any diminution or shutting off of light, air or view by any structure erected on the Land or any land adjacent to the Project, even if Landlord is the adjacent land owner; (g) mold or indoor air quality; or (h) any acts or omissions of any other tenant, occupant or visitor of the Building or the Project. Notwithstanding anything to the contrary contained in this Lease, neither in no event shall Landlord nor any Landlord Indemnified Parties will be liable for consequential indirect, consequential, or punitive damages, including, without limitation, any damages arising out of any loss based on lost profits. None of the use foregoing shall be considered a constructive eviction of Tenant, nor shall the Premises or any equipment or facilities therein by same entitle Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case an abatement of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipmentRent.

Assumption of Risk. Tenant hereby assumes all risk of damage or injury to any person or property in, on, or about the Premises from any cause other than the gross negligence or willful misconduct of Landlord. Tenant, to the fullest extent permitted by law and as a material part of the consideration to LandlordLandlord for this Lease, hereby agrees that neither Landlord nor waives and releases all claims against any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Related Parties with respect to, (i) any and to all damage to property or injury to persons in, upon or about the Premises, the Building or the Development resulting from any act or omission (except matters for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything Landlord has disclaimed liability pursuant to the contrary contained in provisions of this Lease. Tenant agrees that, neither unless expressly provided herein, no Landlord nor any Landlord Indemnified Related Parties will be liable for consequential damages arising any loss, injury, death, or damage to persons, property, or Tenant’s business resulting from any of the following, regardless of whether the same is due to the active or passive negligence of any Landlord Related Party: a) theft; b) Force Majeure, order of governmental body or authority, fire, explosion, or falling objects; c) any accident or occurrence in the Premises caused by the Premises becoming out of any repair or by the obstruction, breakage or defect in or failure of equipment, pipes, sprinklers, wiring, plumbing, heating, ventilation and air-conditioning or lighting fixtures of the Buildings or by broken glass or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into or out of the Premises; d) construction, repair or alteration of the Premises, unless due to solely to the gross negligence or willful misconduct of Landlord; e) business interruption or loss of the use of the Premises Premises; f) any diminution or shutting off of light, air or view by any equipment structure erected on any land adjacent to the Premises, even if Landlord is the adjacent land owner; g) mold or facilities therein by Tenant indoor air quality; h) any acts or omissions of any Tenant Parties occupant of or visitor to the Premises; or i) any cause beyond Landlord’s control. In no event shall Landlord be liable for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Buildingindirect, consequential, or punitive damages, including, without limitation, any damages based on lost profits. None of defects therein or in the fixtures or equipmentforegoing shall be considered a constructive eviction of Tenant, nor shall the same entitle Tenant to an abatement of Rent.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) Paragraph 7.3 above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building Premises or the Development Project (except that to the extent resulting from any act or omission (except for the grossly negligent or intentionally wrongful act willful misconduct of Landlord or omission) any of Landlord’s Parties), (ii) any such damage caused by other tenants or persons in or about the Building Premises or the Development, Project (except that to the extent resulting from the negligent or caused by quasi-public workwillful misconduct of Landlord or any of Landlord’s Parties), (iii) any damage to property entrusted to employees at the Premises (except that to the extent resulting from the negligent or willful misconduct of the BuildingLandlord or any of Landlord’s Parties), (iv) any loss of or damage to property by theft or otherwiseotherwise except that to the extent resulting from the negligent or willful misconduct of Landlord or any of Landlord’s Parties, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling failing plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditamentsParties. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the BuildingPremises, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that except to the extent of the gross negligence or willful misconduct of Landlord or its agents or contractors, neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building One or the Development Premises resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of LandlordLandlord or any Landlord Indemnified Parties, (ii) any such damage caused by other tenants or persons in or about the Building One or the DevelopmentPremises, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (viv) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building One or any other portion of the Development Premises or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in at the Premises or the BuildingPremises, or of defects therein in the Building or in the fixtures or equipment.

Assumption of Risk. TenantTenant hereby assumes all risk of damage or injury to any person or property in, as a material part on, or about the Premises from any cause other than the gross negligence, sole negligence or willful misconduct of the consideration to Landlord. Tenant agrees that, hereby agrees that neither unless expressly provided herein, no Landlord nor any Landlord Indemnified Related Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant forfor any loss, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect toinjury, (i) any and all damage to property or injury to persons indeath, upon or about the Premises, the Building or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building following, regardless of whether the same is due to the active or passive act of any Landlord Related Party: (a) theft; (b) Force Majeure; (c) any accident or occurrence in the Premises or any other portion of the Development Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of Project caused by the Premises or any equipment other portion of the Building or facilities therein the Project being or becoming out of repair or by Tenant the obstruction, breakage or defect in or failure of equipment, pipes, sprinklers, wiring, plumbing, heating, ventilation and air-conditioning or lighting fixtures of the Building or the Project or by broken glass or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into or out of the Premises; (d) construction, repair or alteration of any other premises in the Building or the Premises, unless due solely to the gross negligence, sole negligence or willful misconduct of Landlord; (e) business interruption or loss of use of the Premises; (f) any diminution or shutting off of light, air or view by any structure erected on the Land or any Tenant Parties land adjacent to the Project, even if Landlord is the adjacent land owner; (g) mold or for interference with light indoor air quality; or (h) any acts or omissions of any other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case tenant, occupant or visitor of fire or accidents in the Premises Building or the BuildingProject. In no event shall Landlord be liable for indirect, consequential, or punitive damages, including, without limitation, any damages based on lost profits. None of defects therein or in the fixtures or equipmentforegoing shall be considered a constructive eviction of Tenant, nor shall the same entitle Tenant to an abatement of Rent.

Assumption of Risk. TenantExcept with respect to Lessor’s gross negligence or willful misconduct, Lessee, as a material part of the consideration to LandlordLessor, hereby agrees that neither Landlord Lessor nor any Landlord Lessor Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant Lessee for, and Tenant Lessee expressly assumes the risk of and waives any and all claims it may have against Landlord Lessor or any Landlord Lessor Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premisespremises, the Building or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage Building caused by other tenants or persons in or about the Building or the DevelopmentBuilding, or caused by quasi-public work, unless Lessor is legally responsible for such third parties’ actions or omissions; (iiiii) any damage to property entrusted to employees of the Building, unless Lessee entrusted the property to an employee of the Building at Lessor’s direction; (iviii) any loss of or damage to property by theft or otherwise, unless such theft or damage resulted from a breach by Lessor of any legal duty; or (v) any injury or damage to persons person or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein Building or from the roof, street or subsurface or from any other place, or resulting from dampness, unless Lessor is legally responsible for such condition. Notwithstanding anything to the contrary contained in this Lease, neither Landlord Neither Lessor nor any Landlord Lessor Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant Lessee or any Tenant Lessee Parties or for interference with light or other incorporeal hereditamentslight. Tenant Lessee agrees to give prompt notice to Landlord Lessor in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipmentequipment that may come to Lessee’s attention.

Assumption of Risk. Tenant, to the fullest extent permitted by law and as a material part of the consideration to LandlordLandlord for this Lease, hereby agrees that neither Landlord nor waives and releases all Claims against any Landlord Indemnified Related Parties (as defined in Subparagraph 8(c) above) with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. Tenant agrees that, unless expressly provided herein, no Landlord Related Parties will be liable to Tenant forfor any loss, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord injury, death, or any Landlord Indemnified Parties with respect to, (i) any and all damage to property persons, property, or injury to persons in, upon or about the Premises, the Building or the Development Tenant’s business resulting from any act of the following, regardless of whether the same is due to the active or omission passive negligence of any Landlord Related Party: (except for the grossly negligent a) theft; (b) Force Majeure, order of governmental body or intentionally wrongful act authority, fire, explosion or omission) of Landlord, falling objects; (iic) any such damage caused by other tenants accident or persons occurrence in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building Premises or any other portion of the Development Building or from the Project caused by the Premises or any other portion of the Building or the Project being or becoming out of repair or by the obstruction, breakage or defect in or failure of equipment, pipes, appliances sprinklers, wiring, plumbing, heating, ventilation and air-conditioning or plumbing works therein lighting fixtures of the Building or from the roofProject or by broken glass or by the backing up of drains, street or subsurface by gas, water, steam, electricity or from oil leaking, escaping or flowing into or out of the Premises; (d) construction, repair or alteration of any other placepremises in the Building or the Premises, unless due solely to the gross negligence or resulting from dampnesswillful misconduct of Landlord; (e) business interruption or loss of use of the Premises; (f) any diminution or shutting off of light, air or view by any structure erected on the Land or any land adjacent to the Project, even if Landlord is the adjacent land owner; (g) mold or indoor air quality; (h) any acts or omissions of any other tenant, occupant or visitor of the Building or the Project; or (i) any cause beyond Landlord’s control. Notwithstanding In no event, and notwithstanding anything to the contrary contained in this Lease, neither shall Landlord nor any Landlord Indemnified Parties will be liable for consequential indirect, consequential, or punitive damages, including, without limitation, any damages arising out of any based on business interruption, lost profits or loss of the use or damage to any of Tenant’s Property. None of the Premises or any equipment or facilities therein by foregoing shall be considered a constructive eviction of Tenant, nor shall the same entitle Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case an abatement of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipmentRent.

Assumption of Risk. Tenant hereby assumes all risk of damage or injury to any person or property in, on, or about the Premises from any cause other than the gross negligence or willful misconduct of Landlord or any Landlord Party. Tenant, to the fullest extent permitted by law and as a material part of the consideration to LandlordLandlord for this Lease, hereby agrees that neither Landlord nor waives and releases all claims against any Landlord Indemnified Related Parties (as defined in Subparagraph 8(c) above) with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. Tenant agrees that, unless expressly provided herein, no Landlord Related Parties will be liable to Tenant forfor any loss, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord injury, death, or any Landlord Indemnified Parties with respect to, (i) any and all damage to property persons, property, or injury to persons in, upon or about the Premises, the Building or the Development Tenant’s business resulting from any act of the following, regardless of whether the same is due to the active or omission passive negligence of any Landlord Related Party: (except for the grossly negligent a) theft; (b) Force Majeure, order of governmental body or intentionally wrongful act authority, fire, explosion or omission) of Landlord, falling objects; (iic) any such damage caused by other tenants accident or persons occurrence in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building Premises or any other portion of the Development Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of Project caused by the Premises or any equipment other portion of the Building or facilities therein the Project becoming out of repair or by Tenant the obstruction, breakage or defect in or failure of equipment, pipes, sprinklers, wiring, plumbing, heating, ventilation and air-conditioning or lighting fixtures of the Building or the Project or by broken glass or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into or out of the Premises; (d) construction, repair or alteration of any other premises in the Building or the Premises, unless due to solely to the gross negligence or willful misconduct of Landlord or any Tenant Parties Landlord Related Party; (e) business interruption or loss of use of the Premises; (f) any diminution or shutting off of light, air or view by any structure erected on the Land or any land adjacent to the Project, even if Landlord is the adjacent land owner; (g) mold or indoor air quality; (h) any acts or omissions of any other tenant, occupant or visitor of the Building or the Project; or (i) any cause beyond Landlord’s control. In no event shall Landlord be liable for indirect, consequential, or punitive damages or for interference with light or other incorporeal hereditamentsdamages based on lost profits. None of the foregoing shall be considered a constructive eviction of Tenant, nor shall the same entitle Tenant agrees to give prompt notice to Landlord in case an abatement of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipmentRent.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord partners, members, officers, directors, employees, agents, attorneys, lenders, successors and assigns (collectively, "Landlord Indemnified Parties (as defined in Subparagraph 8(cParties") above) will shall be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building Premises or the Development Industrial Project resulting from any the act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentIndustrial Project, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the BuildingIndustrial Project, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building Industrial Project or any other portion of the Development Common Areas or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties Tenant’s agents, employees, subtenants, assignees, licensees, contractors or invitees (collectively, "Tenant's Parties") or for interference with light or other incorporeal hereditamentslight. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Office Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. TenantTenant hereby assumes all risk of damage or injury to any person or property in, as a material part on, or about the Premises from any cause other than the negligence or willful misconduct of the consideration to Landlord, hereby . Tenant agrees that neither no Landlord nor any Landlord Indemnified Related Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant forfor any loss, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect toinjury, (i) any and all damage to property or injury to persons indeath, upon or about the Premises, the Building or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building following, except to the extent the same is due to the negligence or willful misconduct of any Landlord Related Party: (a) theft; (b) Force Majeure; (c) any accident or occurrence in the Premises or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of Project caused by the Premises or any equipment other portion of the Project being or facilities therein becoming out of repair or by Tenant the obstruction, breakage or defect in or failure of equipment, pipes, sprinklers, wiring, plumbing, heating, ventilation and air-conditioning or lighting fixtures of any Building or the Project or by broken glass or by the backing up of drains, or by gas, water, steam, electricity or oil leaking, escaping or flowing into or out of the Premises; (d) construction, repair or alteration of any other premises in the Project or the Premises; (e) business interruption or loss of use of the Premises; (f) any diminution or shutting off of light, air or view by any structure erected on the Land or any Tenant Parties land adjacent to the Project, even if Landlord is the adjacent land owner; (g) mold or indoor air quality; or (h) any acts or omissions of any other tenant, occupant or visitor of the Project. In no event shall Landlord be liable for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Buildingindirect, consequential, or punitive damages, including, without limitation, any damages based on lost profits. None of defects therein or in the fixtures or equipmentforegoing shall be considered a constructive eviction of Tenant, nor shall the same entitle Tenant to an abatement of Rent.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, ; (ii) any such damage caused by other tenants or persons in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment.. b)

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building Premises or the Development (except that resulting from any act the active or omission (except for the grossly negligent or intentionally wrongful willful act or omission) omission of LandlordLandlord or a Landlord Indemnified Party), (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentPremises, or caused by quasi-quasi- public work, (iii) any damage to property entrusted to employees of the BuildingPremises, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development Buildings or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the BuildingPremises, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant hereby assumes all risk of damage or injury to any person or property in, on, or about the Premises from any cause other than the gross negligence or willful misconduct of Landlord. Tenant, to the fullest extent permitted by law and as a material part of the consideration to LandlordLandlord for this Lease, hereby agrees that neither Landlord nor waives and releases all claims against any Landlord Indemnified Related Parties (as defined in Subparagraph 8(c) above) with respect to all matters for which Landlord has disclaimed liability pursuant to the provisions of this Lease. Tenant agrees that, unless expressly provided herein, no Landlord Related Parties will be liable to Tenant forfor any loss, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord injury, death, or any Landlord Indemnified Parties with respect to, (i) any and all damage to property persons, property, or injury to persons in, upon or about the Premises, the Building or the Development Tenant’s business resulting from any of the following, regardless of whether the same is due to the active or passive negligence of any Landlord Related Party: (a) theft; (b) act of God, public enemy, injunction, riot, strike, insurrection, war, terrorism, court order, requisition, order of governmental body or omission authority, fire, explosion or falling objects; (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (iic) any such damage caused by other tenants accident or persons occurrence in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building Premises or any other portion of the Development Building or from the Project caused by the Premises or any other portion of the Building or the Project becoming out of repair or by the obstruction, breakage or defect in or failure of equipment, pipes, appliances sprinklers, wiring, plumbing, heating, ventilation and air-conditioning or plumbing works therein lighting fixtures of the Building or from the roofProject or by broken glass or by the backing up of drains, street or subsurface by gas, water, steam, electricity or from oil leaking, escaping or flowing into or out of the Premises; (d) construction, repair or alteration of any other placepremises in the Building or the Premises, unless due to solely to the gross negligence or willful misconduct of Landlord; (e) business interruption or loss of use of the Premises; (f) any diminution or shutting off of light, air or view by any structure erected on the Land or any land adjacent to the Project, even if Landlord is the adjacent land owner; (g) mold or indoor air quality; (h) any acts or omissions of any other tenant, occupant or visitor of the Building or the Project; or (i) any cause beyond Landlord’s control. In no event shall Landlord be liable for indirect, consequential, or resulting from dampnesspunitive damages or for damages based on lost profits. Notwithstanding anything None of the foregoing shall be considered a constructive eviction of Tenant, nor shall the same entitle Tenant to an abatement of Rent. Tenant acknowledges that it is familiar with and understands California Civil Code Section 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. TENANT ACKNOWLEDGES AND AGREES THAT IT HAS BEEN REPRESENTED BY LEGAL COUNSEL OF ITS CHOICE IN CONNECTION WITH THIS LEASE, AND THAT SUCH COUNSEL HAS EXPLAINED TO TENANT THE PROVISIONS OF THIS SECTION. BY INITIALING BELOW, TENANT CONFIRMS IT HAS AGREED TO THE PROVISIONS OF THIS SECTION. Tenant hereby waives and relinquishes every right or benefit which it has or may have under California Civil Code Section 1542 to the contrary contained full extent that it may lawfully waive such right or benefit. In connection with such waiver and relinquishment, Tenant acknowledges that it may discover facts in addition to or different from those that it knows or believes to be true with respect to the subject matter of this Lease and/or the waiver(s) set forth herein, but that it is Tenant’s intention hereby to fully, finally and forever waive and release all claims, demands, losses, liabilities, costs, expenses and damages, known or unknown, suspected or unsuspected, that may exist or heretofore have existed or that may come into existence hereinafter with respect to the claims, as well as any and all other claims and/or matters covered herein or contemplated hereby. The releases given in this Section, as well as well elsewhere in this Lease, neither Landlord nor any Landlord Indemnified Parties will shall be liable for consequential damages arising out and remain in effect as full and complete releases notwithstanding the discovery or existence of any loss of the use of the Premises such additional or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipmentdifferent facts.

Assumption of Risk. Subject to Sections 5(d) and 7(c), the insurance, indemnity, repair and restoration obligations with respect to the Project Common Areas under the Project CC&Rs and Landlord’s restoration obligations under Section 19 of this Lease, Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development Project resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord or any Landlord’s Parties, (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentProject, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development Project or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this LeaseLease except for Section 24, neither Landlord nor or any Landlord Indemnified Parties nor Tenant or any Tenant Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment. Tenant shall give prompt written notice to Landlord in case of damage caused by fire or accident on the Premises. Tenant shall look solely to Landlord to enforce Landlord’s obligations hereunder and shall not seek any damages against any of Landlord Indemnified Parties (as hereinafter defined). Except with respect to a breach of Section 24, the liability of Landlord for Landlord’s obligations under this Lease shall not exceed and shall be limited to Landlord’s interest in the Building and Tenant shall not look to any other property or assets in seeking either to enforce Landlord’s obligations under this Lease to satisfy a judgment for Landlord’s failure to perform such obligations.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal incorporated hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development Project resulting from any the act or omission (except for the grossly negligent or intentionally wrongful act or omission) of Landlord, (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentProject, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development Project or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything ; provided, however, the foregoing assumption and waiver shall not apply to claims against Landlord or any Landlord Indemnification Parties to the contrary contained in this Leaseextent that the injury, neither damage or loss was proximately caused by gross negligence or intentionally wrongful act or omission of Landlord or a Landlord Indemnified Party, as applicable. Neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant `tenant or any Tenant Parties (as defined in Subparagraph 8(c) above) or for interference with light or other incorporeal hereditamentslight. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful willful act or omission) omission of LandlordLandlord or its agent or employees), (ii) any such damage caused by other tenants or persons in or about the Building or the Development, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the Building, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditamentslight. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the Building, or of defects therein or in the fixtures or equipment.

Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby agrees that neither Landlord nor any Landlord Indemnified Parties (as defined in Subparagraph 8(c) above) will be liable to Tenant for, and Tenant expressly assumes the risk of and waives any and all claims it may have against Landlord or any Landlord Indemnified Parties (except for claims resulting from the negligent or willful act or omission of Landlord) with respect to, (i) any and all damage to property or injury to persons in, upon or about the Premises, the Building Premises or the Development resulting from any act or omission (except for the grossly negligent or intentionally wrongful act or omission) of LandlordDevelopment, (ii) any such damage caused by other tenants or persons in or about the Building or the DevelopmentPremises, or caused by quasi-public work, (iii) any damage to property entrusted to employees of the BuildingTenant and its assignees and subtenants, (iv) any loss of or damage to property by theft or otherwise, or (v) any injury or damage to persons or property resulting from any casualty, explosion, falling plaster or other masonry or glass, steam, gas, electricity, water or rain which may leak from any part of the Building or any other portion of the Development or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place, or resulting from dampness. Notwithstanding anything to the contrary contained in this Lease, neither Landlord nor any Landlord Indemnified Parties will be liable for consequential damages arising out of any loss of the use of the Premises or any equipment or facilities therein by Tenant or any Tenant Parties or for interference with light or other incorporeal hereditaments. Tenant agrees to give prompt notice to Landlord in case of fire or accidents in the Premises or the BuildingPremises, or of defects therein or in the fixtures or equipment.