Common use of DAMAGE TO PERSONS OR PROPERTY Clause in Contracts

DAMAGE TO PERSONS OR PROPERTY. Subject to the rest of this Section and the rest of this Lease, Landlord will be liable for injuries to persons and damages to property to the extent caused by its own negligence or willful misconduct or the negligence or willful misconduct of Landlord's employees, agents, contractors and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlord), but Landlord will not be liable for any special, indirect, consequential, punitive or similar damages (including, without limitation, any loss of use or revenue by Tenant or any other person) under any circumstances, or for any Liabilities arising from or in connection with: acts or omissions of Tenant, any third parties, or their Affiliates, including, without limitation, burglary, vandalism, theft, or criminal or illegal activity; explosion, fire, steam, electricity, water, gas, rain, pollution, contamination, hazardous substances, motor vehicles or any casualties; breakage, cracking, leakage, malfunction, obstruction or other defects in Systems and Equipment or the roof, walls, floors, surfaces or structure, or of any services or utilities; any work, demolition, maintenance or repairs permitted under this Lease; any exercise of Landlord's rights under any Laws or under this Lease, including any entry by Landlord or its Affiliates on the Premises and/or the Building as permitted by and in accordance with this Lease; any loss of or damage to Tenant's Property; or the requirements of any Laws or any of the matters described in Section 24.5. Tenant waives all claims against Landlord in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, or be required to indemnify Landlord against any loss, damage or liability incurred by Landlord as a result thereof, unless such liability or indemnity is otherwise provided for by the terms of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease, perform repairs or maintenance in lieu of Landlord (or on Landlord's behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless specifically permitted in this Lease [for example, in Section 14.4 below]). This exculpation of Landlord and all of Tenant's waivers in this Lease will apply to all of Tenant's Affiliates to the greatest extent possible.

DAMAGE TO PERSONS OR PROPERTY. Subject to the rest of this Section and the rest of this Lease, Landlord will be liable for injuries to persons damages if and damages to property to the extent caused by its own negligence or willful misconduct or the negligence or willful misconduct in breach of Landlord's employees, agents, contractors and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlord)this Lease, but Landlord will not be liable for any special, indirect, consequential, punitive or similar damages (including, without limitation, any loss of use or revenue by Tenant or any other person) under any circumstances, or for any Liabilities arising from or in connection with: acts or omissions of Tenant, any other tenants of the Project, any third parties, or their Affiliates, including, without limitation, burglary, vandalism, theft, or other criminal or illegal activity; war, terrorism, riot, force majeure, civil disturbance or executive or governmental or quasi-governmental order or directive; explosion, fire, steam, electricity, gas, mud, snow, hail, ice, water, gas, rain, seepage, leakage, condensation, flood, wind, lightning, or otherwise by reason of the elements; pollution, contamination, mold, hazardous substances, motor vehicles or any casualties; breakage, cracking, leakage, malfunction, obstruction or other defects in Systems and Equipment or the roof, walls, floors, surfaces or structure, or of any services or utilities; any work, demolition, maintenance or repairs permitted under this Lease; any exercise of Landlord's ’s rights under any Laws or under this Lease, including any lawful entry by Landlord or its Affiliates on the Premises and/or the Building as permitted by and in accordance with this Lease; any loss of or damage to Tenant's Property; or the requirements of any Laws or any of the matters described in Section 24.524.2. To the extent allowable by law, Tenant waives and Tenant’s Affiliates assume the risk of all of these Liabilities and waive all claims against Landlord in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, or be required to indemnify Landlord against any loss, damage or liability incurred by Landlord as a result thereof, unless such liability or indemnity is otherwise provided for by the terms of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease (except as and if specifically set forth in this Lease), perform repairs or maintenance in lieu of Landlord (or on Landlord's ’s behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless specifically permitted reason. Tenant promptly will notify Landlord of any damage or injury to persons or property and any events which could be anticipated to give rise to any of the foregoing Liabilities. Notwithstanding anything to the contrary in this Lease [for exampleor elsewhere, Landlord and its Affiliates will have no Liabilities of any type (excluding Liabilities arising from Landlord and/or its Affiliates gross negligence and/or willful misconduct) subject to the mutual waivers set forth in Section 14.4 below])Article 9 with respect to Tenant’s Property and any other property owned by Tenant or its Affiliates, and all of such Liabilities are hereby waived by Tenant. This exculpation These exculpations of Landlord and all of Tenant's ’s waivers in this Lease will apply to all of Tenant's ’s Affiliates to the greatest extent possible. If and to the extent that these exculpations and waivers do not apply directly to Tenant’s Affiliates because they have not signed this Lease, Tenant will indemnify Landlord for and hold Landlord free and harmless from all Liabilities incurred by Landlord to or in connection with Tenant’s Affiliates as if they had signed this Lease and freely agreed to such waivers.

DAMAGE TO PERSONS OR PROPERTY. Subject to the rest of this Section and the rest of this Lease, Landlord will be liable for injuries to persons damages if and damages to property to the extent directly caused by its own negligence or willful misconduct or the negligence or willful misconduct in breach of Landlord's employees, agents, contractors and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlord)this Lease, but Landlord will not be liable for any special, indirect, consequential, punitive or similar damages (including, without limitation, any loss of use or revenue by Tenant or any other person) under any circumstances, or for any Liabilities arising from or in connection with: acts or omissions of Tenant, any other tenants of the Project, any third parties, or their Affiliates, including, without limitation, burglary, vandalism, theft, or other criminal or illegal activity; war terrorism, riot, force majeure, civil disturbance or executive or governmental or quasi-governmental order or directive; explosion, fire, fire steam, electricity, gas, mud, snow, hail, Ice, water, gas, rain, seepage, leakage, condensation, flood, wind, lightning, or otherwise by reason of the elements; pollution, contamination, mold, hazardous substances, motor vehicles or any casualties; breakage, cracking, leakage, malfunction, obstruction or other defects in Systems and Equipment or the roof, walls, floors, surfaces or structure, or of any services or utilities; any work, demolition, maintenance or repairs permitted under this Lease; any exercise of Landlord's ’s rights under any Laws or under this Lease, including any entry by Landlord or its Affiliates on the Premises and/or the Building as permitted by and in accordance with this Lease; any loss of or damage to Tenant's Property; or the requirements of any Laws or any of the matters described in Section 24.5. Tenant waives and Tenant’s Affiliates assume the risk of ail of these Liabilities and waive all claims against Landlord in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, or be required to indemnify Landlord against any loss, damage or liability incurred by Landlord as a result thereof, unless such liability or indemnity is otherwise provided for by the terms of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease (except as and if specifically set forth in this Lease), perform repairs or maintenance in lieu of Landlord (or on Landlord's ’s behalf), ) or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless abatements of rent if and to the extent specifically permitted under this Lease will not be deemed to be an offset or withholding by Tenant). The foregoing is not meant to alter Landlord’s obligations to repair, maintain or rebuild to the extent Landlord is otherwise specifically required to do so by the other terms of this Lease. Tenant promptly will notify Landlord of any damage or injury to persons or property and any events which could be anticipated to give rise to any of the foregoing Liabilities. Notwithstanding anything to the contrary in this Lease [for exampleor elsewhere, in Section 14.4 below]). This exculpation Landlord and its Affiliates will have no Liabilities of any type with respect to Tenant’s Property and any other property owned by Tenant or its Affiliates, and all of such Liabilities are hereby waived by Tenant, These exculpations of Landlord and all of Tenant's ’s waivers in this Lease will apply to all of Tenant's ’s Affiliates to the greatest extent possible. If and to the extent that these exculpations and waivers do not apply directly to Tenant’s Affiliates because they have not signed this Lease Tenant will indemnify Landlord for and hold Landlord free and harmless from all Liabilities incurred by Landlord to or in connection with Tenant’s Affiliates as if they had signed this Lease and freely agreed to such waivers subject to the last sentence of Section 14.1.

DAMAGE TO PERSONS OR PROPERTY. Subject to the rest of this Section and the rest of this Lease, Landlord will be liable for injuries to persons and damages to property to the extent caused solely by its own negligence or willful misconduct or the negligence or willful misconduct in breach of Landlord's employees, agents, contractors and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlord)this Lease, but Landlord will not be liable for any special, indirect, consequential, punitive or similar damages (including, without limitation, any loss of use or revenue by Tenant or any other person) under any circumstances, or for any Liabilities arising from or in connection with: acts or omissions of Tenant, any other tenants of the Project, any third parties, or their Affiliates, including, without limitation, burglary, vandalism, theft, or criminal or illegal activity; explosion, fire, steam, electricity, water, gas, rain, pollution, contamination, hazardous substances, motor vehicles or any casualties; breakage, cracking, leakage, malfunction, obstruction or other defects in Systems and Equipment or the roof, walls, floors, surfaces or structure, or of any services or utilities; any work, demolition, maintenance or repairs permitted under this Lease; any exercise of Landlord's rights under any Laws or under this Lease, including any entry by Landlord or its Affiliates on the Premises and/or the Building as permitted by and in accordance with this Lease; any loss of or damage to Tenant's Property; or the requirements of any Laws or any of the matters described in Section 24.5. Tenant waives and Tenant's Affiliates assume the risk of all of these Liabilities and waive all claims against Landlord in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, or be required to indemnify Landlord against any loss, damage or liability incurred by Landlord as a result thereof, unless such liability or indemnity is otherwise provided for by the terms of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease, perform repairs or maintenance in lieu of Landlord (or on Landlord's behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless except to the extent otherwise specifically permitted set forth in this Lease [for example, in Section 14.4 below])Lease. Tenant immediately will notify Landlord of any damage or injury to persons or property and any events which could be anticipated to give rise to any of the foregoing Liabilities. This exculpation of Landlord and all of Tenant's waivers in this Lease will apply to all of Tenant's Affiliates to the greatest extent possible. If and to the extent that this exculpation and these waivers do not so apply, Tenant will indemnify Landlord for and hold Landlord free and harmless from all Liabilities incurred by Landlord to or in connection with Tenant's Affiliates.

DAMAGE TO PERSONS OR PROPERTY. Subject to the rest of this Section and the rest of this Lease, Landlord will be liable for injuries to persons damages if and damages to property to the extent directly caused by its own negligence or willful misconduct or the negligence or willful misconduct in breach of Landlord's employees, agents, contractors and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlord)this Lease, but Landlord will not be liable for any special, indirect, consequential, punitive or similar damages (including, without limitation, any loss of use or revenue by Tenant or any other person) under any circumstances, or for any Liabilities arising from or in connection with: acts or omissions of Tenant, any other tenants of the Project, any third parties, or their Affiliates, including, without limitation, burglary, vandalism, theft, or other criminal or illegal activity; war, terrorism, riot, force majeure, civil disturbance or executive or governmental or quasi-governmental order or directive; explosion, fire, steam, electricity, gas, mud, snow, hail, ice, water, gas, rain, seepage, leakage, condensation, flood, wind, lightning, or otherwise by reason of the elements; pollution, contamination, mold, hazardous substances, motor vehicles or any casualties; breakage, cracking, leakage, malfunction, obstruction or other defects in Systems and Equipment or the roof, walls, floors, surfaces or structure, or of any services or utilities; any work, demolition, maintenance or repairs permitted under this Lease; any exercise of Landlord's ’s rights under any Laws or under this Lease, including any entry by Landlord or its Affiliates on the Premises and/or the Building as permitted by and in accordance with this Lease; any loss of or damage to Tenant's Property; or the requirements of any Laws or any of the matters described in Section 24.5. Tenant waives and Tenant’s Affiliates assume the risk of all of these Liabilities and waive all claims against Landlord in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, or be required to indemnify Landlord against any loss, damage or liability incurred by Landlord as a result thereof, unless such liability or indemnity is otherwise provided for by the terms of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease (except as and if specifically set forth in this Lease), perform repairs or maintenance in lieu of Landlord (or on Landlord's ’s behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless abatements of rent if and to the extent specifically permitted under this Lease will not be deemed to be an offset or withholding by Tenant). The foregoing is not meant to alter Landlord’s obligations to repair, maintain or rebuild to the extent Landlord is otherwise specifically required to do so by the other terms of this Lease. Tenant promptly will notify Landlord of any damage or injury to persons or property and any events which could be anticipated to give rise to any of the foregoing Liabilities. Notwithstanding anything to the contrary in this Lease [for exampleor elsewhere, in Section 14.4 below])Landlord and its Affiliates will have no Liabilities of any type with respect to Tenant’s Property and any other property owned by Tenant or its Affiliates, and all of such Liabilities are hereby waived by Tenant. This exculpation These exculpations of Landlord and all of Tenant's ’s waivers in this Lease will apply to all of Tenant's ’s Affiliates to the greatest extent possible. If and to the extent that these exculpations and waivers do not apply directly to Tenant’s Affiliates because they have not signed this Lease, Tenant will indemnify Landlord for and hold Landlord free and harmless from all Liabilities incurred by Landlord to or in connection with Tenant’s Affiliates as if they had signed this Lease and freely agreed to such waivers, subject to the last sentence of Section 14.1.

DAMAGE TO PERSONS OR PROPERTY. Subject to the rest provisions of Section 22.4 and this Section 22.2, and the rest of except as otherwise provided in this Lease, Landlord will be liable for injuries (i) Tenant assumes the risk of all Liabilities it may incur, including, but not limited to, damage or injury to persons persons, property and damages to property to the extent caused by its own negligence or willful misconduct or the negligence or willful misconduct conduct of Landlord's employees, agents, contractors Tenant’s business (and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlordany loss of revenue therefrom), but the loss of use or occupancy of the Premises, and the items enumerated below in this Section 22, and waives all claims against Landlord will and Landlord’s Affiliates in connection therewith and (ii) Landlord and Landlord’s Affiliates shall not be liable for any special, indirect, consequential, punitive Liabilities incurred by Tenant or similar damages Tenant’s Affiliates (including, without limitationbut not limited to, any loss of use or revenue by Tenant or any other personthe Liabilities described above in this Section 22) under any circumstances, or for any Liabilities arising from or in connection with: (a) acts or omissions of Tenant, any third parties, tenant of the Project or their Affiliates, including, without limitation, burglary, vandalism, theft, or criminal or illegal activityany other persons; (b) explosion, fire, steam, electricity, water, gas, gas or rain, pollution, pollution or contamination, hazardous substances, motor vehicles or any casualties; (c) the breakage, cracking, leakage, malfunction, obstruction or other defects in Systems of plumbing, HVAC, electrical, sanitary, safety, elevator or other utilities and Equipment systems of the Project or the roof, walls, floors, surfaces or structure, or failure to furnish any of any services or utilitiesthe foregoing; (d) any work, demolitionmaintenance, maintenance repair, rebuilding or repairs permitted under this Leaseimprovement performed by or at the request of Landlord or Landlord’s Affiliates for the Premises, the Project or the Land; any exercise of Landlord's rights under any Laws or under this Lease, including (e) any entry by Landlord or its Landlord’s Affiliates on the Premises and/or Premises; and (f) any other acts, omissions or causes; provided, however that notwithstanding the Building as permitted foregoing, nothing in this Section exempts Landlord with respect to any Liabilities (and this Section 22 shall not apply to any liabilities) to the extent caused by and in accordance with this Lease; any loss the negligence or willful misconduct of or damage to Tenant's Property; or the requirements of any Laws Landlord, Landlord’s Affiliates or any of the matters described in Section 24.5their agents, contractors or employees. Tenant waives all claims against immediately shall notify Landlord of any defects in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, Premises or be required to indemnify Landlord against any loss, portion thereof and of any damage or liability incurred by Landlord as a result thereof, unless such liability injury thereto or indemnity is otherwise provided for by to persons or property in or about the terms Premises of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease, perform repairs or maintenance in lieu of Landlord (or on Landlord's behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless specifically permitted in this Lease [for example, in Section 14.4 below]). This exculpation of Landlord and all of Tenant's waivers in this Lease will apply to all of Tenant's Affiliates to the greatest extent possiblewhich it has actual knowledge.

DAMAGE TO PERSONS OR PROPERTY. Subject to the rest of this Section ----------------------------- and the rest of this Lease, Landlord will be liable for injuries to persons and damages to property solely to the extent caused by its own negligence or willful misconduct or the negligence or willful misconduct in breach of Landlord's employees, agents, contractors and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlord)this Lease, but Landlord will not be liable for any special, indirect, consequential, punitive or similar damages (including, without limitation, any loss of use or revenue by Tenant or any other person) under any circumstances, or for any Liabilities arising from or in connection with: acts or omissions of Tenant, any other tenants of or occupants of Minuteman Park, any third parties, or their Affiliates, including, without limitation, burglary, vandalism, theft, or criminal or illegal activity; explosion, fire, steam, electricity, water, gas, rain, pollution, contamination, hazardous substances, motor vehicles or any casualties; breakage, cracking, leakage, malfunction, obstruction or other defects in Systems and Equipment or the roof, walls, floors, surfaces or structureEquipment, or of any services or utilities; any work, demolition, maintenance or repairs permitted under this Lease; any exercise of Landlord's rights under any Laws or under this Lease, including any entry by Landlord or its Affiliates on the Premises and/or the Building as permitted by and in accordance with this Lease; any loss of or damage to Tenant's Property; or the requirements of any Laws or any of the matters described in Section 24.5. Tenant waives and Tenant's Affiliates assume the risk of all of these Liabilities and waive all claims against Landlord in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, or be required to indemnify Landlord against any loss, damage or liability incurred by Landlord as a result thereof, unless such liability or indemnity is otherwise provided for by the terms of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease, perform repairs or maintenance in lieu of Landlord (or on Landlord's behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless specifically permitted in this Lease [for example, in Section 14.4 below])reason. Tenant immediately will notify Landlord of any damage or injury to persons or property and any events which could be anticipated to give rise to any of the foregoing Liabilities. This exculpation of Landlord and all of Tenant's waivers in this Lease will apply to all of Tenant's Affiliates to the greatest extent possible.. This

DAMAGE TO PERSONS OR PROPERTY. Subject to the rest of this Section ----------------------------- and the rest of this Lease, Landlord will be liable for injuries to persons and damages to property solely to the extent caused by its own negligence or willful misconduct or the negligence or willful misconduct in breach of Landlord's employees, agents, contractors and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlord)this Lease, but Landlord will not be liable for any special, indirect, consequential, punitive or similar damages (including, without limitation, any loss of use or revenue by Tenant or any other person) under any circumstances, or for any Liabilities arising from or in connection with: acts or omissions of Tenant, any other tenants of the Project, any third parties, or their Affiliates, including, without limitation, burglary, vandalism, theft, or criminal or illegal activity; explosion, fire, steam, electricity, water, gas, rain, pollution, contamination, hazardous substances, motor vehicles or any casualties; breakage, cracking, leakage, malfunction, obstruction or other defects in Systems and Equipment or the roof, walls, floors, surfaces or structureEquipment, or of any services or utilities; any work, demolition, maintenance or repairs permitted under this Lease; any exercise of Landlord's rights under any Laws or under this Lease, including any entry by Landlord or its Affiliates on the Premises and/or the Building as permitted by and in accordance with this Lease; any loss of or damage to Tenant's Property; or the requirements of any Laws or any of the matters described in Section 24.5. Tenant waives and Tenant's Affiliates assume the risk of all of these Liabilities and waive all claims against Landlord in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, or be required to indemnify Landlord against any loss, damage or liability incurred by Landlord as a result thereof, unless such liability or indemnity is otherwise provided for by the terms of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease, perform repairs or maintenance in lieu of Landlord (or on Landlord's behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless specifically permitted in this Lease [for example, in Section 14.4 below])reason. Tenant immediately will notify Landlord of any damage or injury to persons or property and any events which could be anticipated to give rise to any of the foregoing Liabilities. This exculpation of Landlord and all of Tenant's waivers in this Lease will apply to all of Tenant's Affiliates to the greatest extent possible.. This

DAMAGE TO PERSONS OR PROPERTY. Subject to the rest of this Section ----------------------------- and the rest of this Lease, Landlord will be liable for injuries to persons and damages to property solely to the extent caused by its own negligence or willful misconduct or the negligence or willful misconduct in breach of Landlord's employees, agents, contractors and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlord)this Lease, but Landlord will not be liable for any special, indirect, consequential, punitive or similar damages (including, without limitation, any loss of use or revenue by Tenant or any other person, but which will not be deemed to include reasonable legal fees and costs) under any circumstances, or for any Liabilities arising from or in connection with: acts or omissions of Tenant, any other tenants of the Project, any third parties, or their Affiliates, including, without limitation, burglary, vandalism, theft, or criminal or illegal activity; explosion, fire, steam, electricity, water, gas, rain, pollution, contamination, hazardous substances, motor vehicles or any casualties; breakage, cracking, leakage, malfunction, obstruction or other defects in Systems and Equipment or the roof, walls, floors, surfaces or structureEquipment, or of any services or utilities; any work, demolition, maintenance or repairs permitted under this Lease; any exercise of Landlord's rights under any Laws or under this Lease, including any entry by Landlord or its Affiliates on the Premises and/or the Building as permitted by and in accordance with this Lease; any loss of or damage to Tenant's Property; or the requirements of any Laws or any of the matters described in Section 24.5. Tenant waives and Tenant's Affiliates assume the risk of all of these Liabilities and waive all claims against Landlord in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, or be required to indemnify Landlord against any loss, damage or liability incurred by Landlord as a result thereof, unless such liability or indemnity is otherwise provided for by the terms of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease, perform repairs or maintenance in lieu of Landlord (or on Landlord's behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless specifically permitted in this Lease [for example, in Section 14.4 below])reason. Tenant immediately will notify Landlord of any damage or injury to persons or property and any events which could be anticipated to give rise to any of the foregoing Liabilities. This exculpation of Landlord and all of Tenant's waivers in this Lease will apply to all of Tenant's Affiliates to the greatest extent possible.. This

DAMAGE TO PERSONS OR PROPERTY. Subject to the rest of this Section and the rest of this Lease, Landlord will be liable for injuries to persons and damages to property solely to the extent caused by its own negligence or willful misconduct or the negligence or willful misconduct in breach of Landlord's employees, agents, contractors and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlord)this Lease, but Landlord will not be liable for any special, indirect, consequential, punitive or similar damages (including, without limitation, any loss of use or revenue by Tenant or any other person) under any circumstances, or for any Liabilities arising from or in connection with: acts or omissions of Tenant, any other tenants of or occupants of the Building or the rest of Project, any third parties, or their Affiliates, including, without limitation, burglary, vandalism, theft, or criminal or illegal activity; explosion, fire, steam, electricity, water, gas, rain, pollution, contamination, hazardous substances, motor vehicles or any casualties; breakage, cracking, leakage, malfunction, obstruction or other defects in Systems and Equipment or the roof, walls, floors, surfaces or structureEquipment, or of any services or utilities; any work, demolition, maintenance or repairs permitted under this Lease; any exercise of Landlord's rights under any Laws or under this Lease, including any entry by Landlord or its Affiliates on the Premises and/or the Building as permitted by and in accordance with this Lease; any loss of or damage to Tenant's Property; or the requirements of any Laws or any of the matters described in Section 24.5. Tenant waives and Tenant's Affiliates assume the risk of all of these Liabilities and waive all claims against Landlord in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, or be required to indemnify Landlord against any loss, damage or liability incurred by Landlord as a result thereof, unless such liability or indemnity is otherwise provided for by the terms of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease, perform repairs or maintenance in lieu of Landlord (or on Landlord's behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless specifically permitted in this Lease [for example, in Section 14.4 below])reason. This exculpation Tenant immediately will notify Landlord of Landlord any damage or injury to persons or property and all any events which could be anticipated to give rise to any of Tenant's waivers in this Lease will apply to all of Tenant's Affiliates to the greatest extent possible.foregoing Liabilities. This

DAMAGE TO PERSONS OR PROPERTY. Subject Tenant assumes the risk of all Liabilities which may occur to, or be incurred by, Tenant arising out of Tenant’s use and/or occupancy of the Premises, Land and Building, including, but not limited to, damage or injury to persons, property and Tenant’s business (and any loss of revenue therefrom), the rest loss of this Section use or occupancy of the Premises, and the rest of items enumerated below in this LeaseSection, and waives all claims against Landlord and Landlord’s Affiliates in connection therewith. Without limiting the foregoing, Landlord will be liable for injuries to persons and damages to property to the extent caused by its own negligence or willful misconduct or the negligence or willful misconduct of Landlord's employees, agents, contractors and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlord), but Landlord will ’s Affiliates shall not be liable for any specialLiabilities incurred by, indirector occurring to, consequential, punitive Tenant or similar damages Tenant’s Affiliates (including, without limitationbut not limited to, any loss of use or revenue by Tenant or any other personthe Liabilities described above in this Section) under any circumstances, or for any Liabilities arising from or in connection with: (a) acts or omissions of Tenantany tenant of the Building or any other persons (including, but not limited to, any third parties, parking garage operators or their Affiliates, including, without limitation, burglary, vandalism, theft, or criminal or illegal activityemployees); (b) explosion, fire, steam, electricity, water, gas, gas or rain, pollution, pollution or contamination, hazardous substances, motor vehicles or any casualties; (c) the breakage, cracking, leakage, malfunction, obstruction or other defects in Systems of plumbing, HVAC, electrical, sanitary, safety, elevator or other utilities and Equipment systems of the Building or the roof, walls, floors, surfaces or structure, or failure to furnish any of any services or utilitiesthe foregoing; (d) any work, demolitionmaintenance, maintenance repair , rebuilding or repairs permitted under this Leaseimprovement performed by or at the request of Landlord or Landlord’s Affiliates for the Premises, the Building or the Land; any exercise of Landlord's rights under any Laws or under this Lease, including (e) any entry by Landlord or its Landlord’s Affiliates on the Premises and/or Premises; (f) any defects in the Building as permitted Premises, the Building, the Land or any portions thereof; (g) any interference with light or other incorporeal hereditaments; and (h) any other acts, omissions or causes. Nothing in this Section exempts Landlord for liability caused solely by its gross negligence or willful misconduct, but Landlord shall not be liable under any circumstances for consequential, special, incidental or punitive damages (including, but not limited to, damage or injury to persons, property and in accordance with this Lease; Tenant’s business {and any loss of or damage to Tenant's Property; revenue therefrom}). Tenant immediately shall notify Landlord of any defects in the Premises or the requirements Building or any portion thereof and of any Laws or any of the matters described in Section 24.5. Tenant waives all claims against Landlord in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, or be required to indemnify Landlord against any loss, damage or liability incurred by Landlord as a result thereof, unless such liability injury thereto or indemnity is otherwise provided for by to persons or property in or about the terms of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 Premises or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease, perform repairs or maintenance in lieu of Landlord (or on Landlord's behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless specifically permitted in this Lease [for example, in Section 14.4 below]). This exculpation of Landlord and all of Tenant's waivers in this Lease will apply to all of Tenant's Affiliates to the greatest extent possibleBuilding.

DAMAGE TO PERSONS OR PROPERTY. Subject to the rest of this Section and the rest of this Lease, Landlord will be liable for injuries to persons damages if and damages to property to the extent directly caused by its own negligence or willful misconduct or the negligence or willful misconduct in breach of Landlord's employees, agents, contractors and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlord)this Lease, but Landlord will not be liable for any special, indirect, consequential, punitive or similar damages (including, without limitation, any loss of use or revenue by Tenant or any other person) under any circumstances, or for any Liabilities arising from or in connection with: acts or omissions of Tenant, any third parties, or their Affiliates, including, without limitation, burglary, vandalism, theft, or other criminal or illegal activity; war, terrorism, riot, force majeure, civil disturbance or executive or governmental or quasi-governmental order or directive; explosion, fire, steam, electricity, gas, mud, snow, hail, ice, water, gas, rain, seepage, leakage, condensation, flood, wind, lightning, or otherwise by reason of the elements; pollution, contamination, mold, hazardous substances, motor vehicles or any casualties; breakage, cracking, leakage, malfunction, obstruction or other defects in Systems and Equipment or the roof, walls, floors, surfaces or structure, or of any services or utilities; any work, demolition, maintenance or repairs permitted under this Lease; any exercise of Landlord's ’s rights under any Laws or under this Lease, including any entry by Landlord or its Affiliates on the Premises and/or the Building as permitted by and in accordance with this Lease; any loss of or damage to Tenant's Property; or the requirements of any Laws or any of the matters described in Section 24.5. Tenant waives and Tenant’s Affiliates assume the risk of all of these Liabilities and waive all claims against Landlord in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, or be required to indemnify Landlord against any loss, damage or liability incurred by Landlord as a result thereof, unless such liability or indemnity is otherwise provided for by the terms of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease (except as and if specifically set forth in this Lease), perform repairs or maintenance in lieu of Landlord (or on Landlord's ’s behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless abatements of rent if and to the extent specifically permitted under this Lease will not be deemed to be an offset or withholding by Tenant). The foregoing is not meant to alter Landlord’s obligations to repair, maintain or rebuild to the extent Landlord is otherwise specifically required to do so by the other terms of this Lease. Tenant promptly will notify Landlord of any damage or injury to persons or property and any events which could be anticipated to give rise to any of the foregoing Liabilities. Notwithstanding anything to the contrary in this Lease [for exampleor elsewhere, in Section 14.4 below])Landlord and its Affiliates will have no Liabilities of any type with respect to Tenant’s Property and any other property owned by Tenant or its Affiliates, and all of such Liabilities are hereby waived by Tenant. This exculpation These exculpations of Landlord and all of Tenant's ’s waivers in this Lease will apply to all of Tenant's ’s Affiliates to the greatest extent possible. If and to the extent that these exculpations and waivers do not apply directly to Tenant’s Affiliates because they have not signed this Lease, Tenant will indemnify Landlord for and hold Landlord free and harmless from all Liabilities incurred by Landlord to or in connection with Tenant’s Affiliates as if they had signed this Lease and freely agreed to such waivers, subject to the last sentence of Section 14.1.

DAMAGE TO PERSONS OR PROPERTY. Subject Tenant assumes the risk of all Liabilities it may incur, including, but not limited to, damage or injury to the rest of this Section persons, property and the rest conduct of this Lease, Landlord will be liable for injuries to persons Tenant's business (and damages to property to the extent caused by its own negligence or willful misconduct or the negligence or willful misconduct any loss of Landlord's employees, agents, contractors and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlordrevenue therefrom), but Landlord will not be liable for any special, indirect, consequential, punitive or similar damages (including, without limitation, any the loss of use or revenue by Tenant or any other person) under any circumstancesoccupancy of the Premises, or for any Liabilities arising from or and the items enumerated below in this Section, and waives all claims against Landlord and Landlord's Affiliates in connection with: (a) acts or omissions of Tenantany tenant of the Building or any other persons (including, but not limited to, any third parties, parking garage operators or their Affiliates, including, without limitation, burglary, vandalism, theft, or criminal or illegal activityemployees); (b) explosion, fire, steam, electricity, water, gas, gas or rain, pollution, pollution or contamination, hazardous substances, motor vehicles or any casualties; (c) the breakage, cracking, leakage, malfunction, obstruction or other defects in Systems of plumbing, HVAC, electrical, sanitary, safety, elevator or other utilities and Equipment systems of the Building or the roof, walls, floors, surfaces or structure, or failure to furnish any of any services or utilitiesthe foregoing; (d) any work, demolitionmaintenance, maintenance repair, rebuilding or repairs permitted under this Lease; any exercise improvement performed by or at the request of Landlord or Landlord's rights under any Laws Affiliates for the Premises, the Building or under this Lease, including the Land; (e) any entry by Landlord or its Landlord's Affiliates on the Premises and/or Premises; (f) any defects in the Building as permitted Premises, the Building, the Land or any portions thereof; (g) any interference with light or other incorporeal hereditaments; and (h) any other acts, omissions or causes. Nothing in this Section exempts Landlord for liability caused solely by its gross negligence or willful misconduct, but Landlord shall not be liable under any circumstances for consequential or punitive damages (including, but not limited to, damage or injury to persons, property and in accordance with this Lease; the conduct of Tenant's business [and any loss of or damage to Tenant's Property; or the requirements of any Laws or any of the matters described in Section 24.5. Tenant waives all claims against Landlord in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, or be required to indemnify Landlord against any loss, damage or liability incurred by Landlord as a result thereof, unless such liability or indemnity is otherwise provided for by the terms of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease, perform repairs or maintenance in lieu of Landlord (or on Landlord's behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless specifically permitted in this Lease [for example, in Section 14.4 belowrevenue therefrom]). This exculpation Tenant immediately shall notify Landlord of Landlord any defects in the Premises or the Building or any portion thereof and all of Tenant's waivers any damage or injury thereto or to persons or property in this Lease will apply to all of Tenant's Affiliates to or about the greatest extent possiblePremises or the Building.

DAMAGE TO PERSONS OR PROPERTY. Subject to the rest of this Section and the rest of this Lease, Landlord will be liable for injuries to persons damages if and damages to property to the extent directly caused by its own negligence or willful misconduct or the negligence or willful misconduct in breach of Landlord's employees, agents, contractors and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlord)this Lease, but Landlord will not be liable for any special, indirect, consequential, punitive or similar damages (including, without limitation, any loss of use or revenue by Tenant or any other person) under any circumstances, or for any Liabilities arising from or in connection with: acts or omissions of Tenant, any other tenants of the Project, any third parties, or their Affiliates, including, without limitation, burglary, vandalism, theft, or criminal or illegal activity; explosion, fire, steam, electricity, water, gas, rain, pollution, contamination, hazardous substances, motor vehicles or any casualties; breakage, cracking, leakage, malfunction, obstruction or other defects in Systems and Equipment or the roof, walls, floors, surfaces or structure, or of any services or utilities; any work, demolition, maintenance or repairs permitted under this Lease; any exercise of Landlord's ’s rights under any Laws or under this Lease, including any entry by Landlord or its Affiliates on the Premises and/or the Building as permitted by and in accordance with this Lease; any loss of or damage to Tenant's Property; or the requirements of any Laws or any of the matters described in Section 24.5. Tenant waives and Tenant’s Affiliates assume the risk of all of these Liabilities and waive all claims against Landlord in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, or be required to indemnify Landlord against any loss, damage or liability incurred by Landlord as a result thereof, unless such liability or indemnity is otherwise provided for by the terms of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease, perform repairs or maintenance in lieu of Landlord (or on Landlord's ’s behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless specifically permitted in this Lease [for example, in Section 14.4 below])reason. Tenant immediately will notify Landlord of any damage or injury to persons or property and any events which could be anticipated to give rise to any of the foregoing Liabilities. This exculpation of Landlord and all of Tenant's ’s waivers in this Lease will apply to all of Tenant's ’s Affiliates to the greatest extent possible. If and to the extent that this exculpation and these waivers do not so apply, Tenant will indemnify Landlord for and hold Landlord free and harmless from all Liabilities incurred by Landlord to or in connection with Tenant’s Affiliates. Notwithstanding anything to the contrary in this Lease or elsewhere, Landlord and its Affiliates will have no Liabilities of any type with respect to Tenant’s Property and any other property owned by Tenant or its Affiliates, and all of such Liabilities are hereby waived by Tenant.

DAMAGE TO PERSONS OR PROPERTY. Subject to the rest of this Section and the rest of this Lease, Landlord will be liable for injuries to persons and damages to property to the extent caused by its own negligence or willful misconduct or the negligence or willful misconduct of Landlord's employees, agents, contractors and subcontractors (if and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlord), but Landlord will not be liable for any special, indirect, consequential, punitive or similar damages (including, without limitation, any loss of use or revenue by Tenant or any other person) under any circumstances, or for any Liabilities arising from or in connection with: acts or omissions of Tenant, any third parties, or their Affiliates, including, without limitation, burglary, vandalism, theft, or criminal or illegal activity; explosion, fire, steam, electricity, water, gas, rain, pollution, contamination, hazardous substances, motor vehicles or any casualties; breakage, cracking, leakage, malfunction, obstruction or other defects in Systems Systems, and Equipment or the roof, walls, floors, surfaces or structure, or of any services or utilities; any work, demolition, maintenance or repairs permitted under this Lease; any exercise of Landlord's rights under any Laws or under this Lease, including any entry by Landlord or its Affiliates on the Premises and/or the Building as permitted by and in accordance with this Lease; any loss of or damage to Tenant's Property; or the requirements of any Laws or any of the matters described in Section 24.5. Tenant waives all claims against Landlord in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, or be required to indemnify Landlord against any loss, damage or liability incurred by Landlord as a result thereof, unless such liability or indemnity is otherwise provided for by the terms of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease, perform repairs or maintenance in lieu of Landlord (or on Landlord's behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless specifically permitted in this Lease [for example, in Section 14.4 below]). This exculpation of Landlord and all of Tenant's waivers in this Lease will apply to all of Tenant's Affiliates to the greatest extent possible.

DAMAGE TO PERSONS OR PROPERTY. Subject to the rest provisions of Section ----------------------------- ------- 22.4 and this Section 22.2, and the rest of except as otherwise provided in this Lease, (i) ---- ------------ Tenant assumes the risk of all Liabilities it may incur, including, but not limited to, damage or injury to persons, property and the conduct of Tenant's business (and any loss of revenue therefrom), the loss of use or occupancy of the Premises, and the items enumerated below in this Section 22, and waives all ---------- claims against Landlord will be liable for injuries to persons and damages to property to the extent caused by its own negligence or willful misconduct or the negligence or willful misconduct of Landlord's employees, agents, contractors Affiliates in connection therewith and subcontractors (if ii) Landlord and to the extent that those contractors and subcontractors are performing work under contracts or agreements with Landlord), but Landlord will 's Affiliates shall not be liable for any special, indirect, consequential, punitive Liabilities incurred by Tenant or similar damages Tenant's Affiliates (including, without limitationbut not limited to, any loss of use or revenue by Tenant or any other personthe Liabilities described above in this Section 22) under any circumstances, or for any Liabilities arising from or in connection ---------- with: : (a) acts or omissions of Tenant, any third parties, tenant of the Project or their Affiliates, including, without limitation, burglary, vandalism, theft, or criminal or illegal activityany other persons; (b) explosion, fire, steam, electricity, water, gas, gas or rain, pollution, pollution or contamination, hazardous substances, motor vehicles or any casualties; (c) the breakage, cracking, leakage, malfunction, obstruction or other defects in Systems of plumbing, HVAC, electrical, sanitary, safety, elevator or other utilities and Equipment systems of the Project or the roof, walls, floors, surfaces or structure, or failure to furnish any of any services or utilitiesthe foregoing; (d) any work, demolitionmaintenance, maintenance repair, rebuilding or repairs permitted under this Lease; any exercise improvement performed by or at the request of Landlord or Landlord's rights under any Laws Affiliates for the Premises, the Project or under this Lease, including the Land; (e) any entry by Landlord or its Landlord's Affiliates on the Premises and/or Premises; and (f) any other acts, omissions or causes; provided, however that notwithstanding the Building as permitted foregoing, nothing in this Section exempts Landlord with respect to any Liabilities (and this Section 22 shall not apply to any ---------- liabilities) to the extent caused by and in accordance with this Lease; any loss the negligence or willful misconduct of or damage to TenantLandlord, Landlord's Property; or the requirements of any Laws Affiliates or any of the matters described in Section 24.5their agents, contractors or employees. Tenant waives all claims against immediately shall notify Landlord of any defects in connection therewith, but the foregoing is not meant to imply that Tenant will be liable therefor, Premises or be required to indemnify Landlord against any loss, portion thereof and of any damage or liability incurred by Landlord as a result thereof, unless such liability injury thereto or indemnity is otherwise provided for by to persons or property in or about the terms Premises of this Lease, nor to release Landlord from its repair and maintenance obligations under Section 12.1 or Landlord's obligations to repair and/or restore in Articles 16 and 17 if and to the extent applicable. Tenant also waives any Laws or rights that would permit Tenant to terminate this Lease, perform repairs or maintenance in lieu of Landlord (or on Landlord's behalf), or offset or withhold any amounts due because of damage to or destruction of the Premises, any repairs or maintenance, or for any other reason (unless specifically permitted in this Lease [for example, in Section 14.4 below]). This exculpation of Landlord and all of Tenant's waivers in this Lease will apply to all of Tenant's Affiliates to the greatest extent possiblewhich it has actual knowledge.