Common use of Damage to Property Clause in Contracts

Damage to Property. (a) Any Building employee to whom any property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant's agent with respect to such property and neither Landlord nor its agents shall be liable for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise. Subject to the terms of Section 23.3 hereof, neither Landlord nor its agents shall be liable for any injury (or death) to persons or damage to property, or interruption of Tenant's business, resulting from fire or other casualty, nor shall Landlord or its agents be liable for any such injury (or death) to persons or damage caused by other tenants or persons in the Building or caused by construction of any private, public or quasi-public work, nor shall Landlord be liable for any injury (or death) to persons or damage to property or improvements, or interruption of Tenant's business, resulting from any latent defect in the Premises or in the Building. (b) If at any time any windows of the Premises are temporarily closed, darkened or bricked-up due to any Requirement or by reason of repairs, maintenance, alterations, or improvements to the Building, or any of such windows are permanently closed, darkened or bricked-up due to any Requirement, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor, nor abatement or diminution of Base Rent or any other item of Rental, nor shall the same release Tenant from its obligations hereunder, nor constitute an actual or constructive eviction, in whole or in part, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise, nor impose any liability upon Landlord or its agents. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, as aforesaid, Landlord shall perform such repairs, maintenance, alterations or improvements and comply with the applicable Requirements as Landlord is required to perform hereunder with reasonable diligence and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened, or bricked-up. (c) Tenant shall immediately notify Landlord of any fire or accident in the Premises, promptly upon becoming aware of same.

Damage to Property. (a) Any Building employee A. Tenant shall give to whom Landlord prompt written notice of any property damage to, or defective condition in, any part or appurtenance of the Building's sanitary, electrical, heating, air conditioning or other similar or dissimilar systems serving, located in, or passing through, the Premises, and the damage or defective condition shall be entrusted remedied by Landlord with reasonable diligence, but if such damage or on behalf defective condition was caused by, or resulted from the use by, Tenant or by the employees, licensees or invitees of Tenant, the cost of the remedy thereof shall be paid by Tenant, as additional rent, upon the rendition of a bill indicating the amount due therefor. B. All personal pxxxxrty belonging to Tenant, its servants, employees, suppliers, consignors, customers, licensees, located in or about the Building or Demised Premises shall be there at sole risk of Tenant shall be deemed to be acting as Tenant's agent with respect to such property and neither Landlord nor its Landlord's agents shall be liable for the theft, loss or misappropriation thereof nor for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise. Subject to the terms of Section 23.3 hereof, neither Landlord nor its agents shall be liable for any injury (or death) to persons or damage to property, or interruption of Tenant's business, resulting from fire or other casualty, nor shall Landlord or its agents be liable for any such injury (or death) to persons or damage caused by other tenants or persons in the Building or caused by construction of any private, public or quasi-public workthereto, nor shall Landlord be liable considered the voluntary or involuntary bailee of such personal property, nor for damage or injury to Tenant or any injury (of its officers, agents or death) employees or to any other persons or damage to any other property caused by fire, explosion, water, rain, snow, frost, steam, gas, electricity, heat or improvementscold, dampness, falling plaster, sewers or sewage odors, noise, leaks from any part of said Building or roof, the bursting or leaking of pipes, plumbing, electrical wiring and equipment and fixtures of all kinds, or interruption by any act or neglect of Tenant's business, resulting from other tenants or occupants of the Building or of any latent defect in other person. C. All damage or injury to the Premises or in the Building. (b) If at any time any windows of the Premises are temporarily closedto its fixtures, darkened appurtenances and equipment or bricked-up due to any Requirement or by reason of repairs, maintenance, alterations, or improvements to the Building, its fixtures, appurtenances or equipment caused by Tenant's moving property in or out of the Building or by installation or removal of furniture, fixtures or other property or from any cause of such windows are permanently closedany kind or nature whatsoever of which Tenant, darkened its servants, employees, agents, visitors or bricked-up due to any Requirementlicensees shall be the cause, Landlord shall not be liable for any damage repaired, restored and replaced promptly by Tenant may sustain thereby at its sole cost and Tenant shall not be entitled to any compensation therefor, nor abatement or diminution of Base Rent or any other item of Rental, nor shall the same release Tenant from its obligations hereunder, nor constitute an actual or constructive evictionexpense, in whole quality and class at least equal to the original work or in partinstallations, by reason and to the satisfaction of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise, nor impose any liability upon Landlord or its agentsLandlord. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, as aforesaid, Landlord shall perform Tenant fails to make such repairs, maintenancerestorations or replacements, alterations the same may be made by Landlord for the account of Tenant and the cost thereof shall be collectible as additional rent or improvements otherwise after rendition of a bill or statement and comply payable simultaneously with the applicable Requirements as Landlord is required to perform hereunder with reasonable diligence next monthly ixxxxllment of rent due and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened, or bricked-uppayable hereunder. (c) Tenant shall immediately notify Landlord of any fire or accident in the Premises, promptly upon becoming aware of same.

Damage to Property. A. The Tenant shall give to the Landlord prompt written notice of any damage to, or defective condition in, any part or appurtenance of the Building’s Structural Elements (a) Any Building employee to whom any property as defined in Section 43.a.), and the damage or defective condition shall be entrusted remedied by the Landlord with reasonable diligence, provided, however, that if any such damage or on behalf defective condition was caused by, or resulted from, Tenant or Tenant’s employees, licensees or invitees, the reasonable cost of Tenant the remedy thereof shall be deemed paid by Tenant as Additional Rent upon the rendition of a xxxx indicating the reasonable amount due therefor. B. All personal property belonging to the Tenant, its servants, employees, suppliers, consignors, customers, licensees, located in or about the Premises shall be acting as Tenant's agent with respect to such property there at sole risk of the Tenant and neither the Landlord nor its the Landlord’s agents shall be liable for any damage to property of Tenant the theft, loss or of others entrusted to employees of the Building, misappropriation thereof nor for the loss of or damage to any property of Tenant by theft or otherwise. Subject to the terms of Section 23.3 hereof, neither Landlord nor its agents shall be liable for any injury (or death) to persons or damage to property, or interruption of Tenant's business, resulting from fire or other casualty, nor shall Landlord or its agents be liable for any such injury (or death) to persons or damage caused by other tenants or persons in the Building or caused by construction of any private, public or quasi-public work, nor shall Landlord be liable for any injury (or death) to persons or damage to property or improvements, or interruption of Tenant's business, resulting from any latent defect in the Premises or in the Building. (b) If at any time any windows of the Premises are temporarily closed, darkened or bricked-up due to any Requirement or by reason of repairs, maintenance, alterations, or improvements to the Building, or any of such windows are permanently closed, darkened or bricked-up due to any Requirement, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled or injury thereto except to any compensation thereforthe extent that such claims are due to the willful acts or negligence of Landlord, nor abatement its agents or diminution of Base Rent or any other item of Rentalemployees, nor shall the same release Tenant from its obligations hereunderLandlord be considered the voluntary or involuntary bailee of such personal property, nor constitute an actual or constructive eviction, in whole or in part, by reason of inconvenience or annoyance to Tenant, for damage or injury to the Tenant or interruption any of Tenant's businessits officers, agents or employees or to any other persons or to any other property caused by fire, explosion, water, rain, snow, frost, steam, gas, electricity, heat or cold, dampness, falling plaster, sewers or sewage odors, noise, leaks from any part of said Building or the roof, the bursting or leaking of pipes, plumbing, electrical wiring and equipment and fixtures of all kinds, or otherwiseby any act or neglect of other tenants or occupants of the complex or of any other person. C. All damage or injury to the Premises or to its fixtures, nor impose appurtenances and equipment or to the Building caused by the Tenant’s moving property in or out of the Building or by installation or removal of furniture, fixtures or other property or from any liability upon Landlord cause of any kind or nature whatsoever of which the Tenant, its servants, employees, agents, visitors or licensees shall be the cause, shall be repaired, restored and replaced promptly by the Tenant at its sole cost and expense, in quality and class at least equal to the original work or installations, and to the satisfaction of the Landlord. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, as aforesaid, Landlord shall perform Tenant fails to make such repairs, maintenancerestorations or replacements, alterations the same may be made by the Landlord for the account of the Tenant and the cost thereof shall be collectible as Additional Rent or improvements otherwise after rendition of a xxxx or statement and comply payable simultaneously with the applicable Requirements as Landlord is required to perform hereunder with reasonable diligence next monthly installment of Rent due and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened, or bricked-uppayable hereunder. (c) Tenant shall immediately notify Landlord of any fire or accident in the Premises, promptly upon becoming aware of same.

Damage to Property. A. The Tenant shall give to the Landlord prompt written notice of any damage to, or defective condition in, any part or appurtenance of the Building’s Structural Elements (a) Any Building employee to whom any property as defined in Section 43.A.), and the damage or defective condition shall be entrusted remedied by the Landlord with reasonable diligence, provided, however, that if any such damage or on behalf defective condition was caused by, or resulted from, Tenant or Tenant’s employees, licensees or invitees, the reasonable cost of Tenant the remedy thereof shall be deemed paid by Tenant as Additional Rent upon the rendition of a xxxx indicating the reasonable amount due therefor. B. All personal property belonging to the Tenant, its servants, employees, suppliers, consignors, customers, licensees, located in or about the Premises shall be acting as Tenant's agent with respect to such property there at sole risk of the Tenant and neither the Landlord nor its the Landlord’s agents shall be liable for any damage to property of Tenant the theft, loss or of others entrusted to employees of the Building, misappropriation thereof nor for the loss of or damage to any property of Tenant by theft or otherwise. Subject to the terms of Section 23.3 hereof, neither Landlord nor its agents shall be liable for any injury (or death) to persons or damage to property, or interruption of Tenant's business, resulting from fire or other casualty, nor shall Landlord or its agents be liable for any such injury (or death) to persons or damage caused by other tenants or persons in the Building or caused by construction of any private, public or quasi-public work, nor shall Landlord be liable for any injury (or death) to persons or damage to property or improvements, or interruption of Tenant's business, resulting from any latent defect in the Premises or in the Building. (b) If at any time any windows of the Premises are temporarily closed, darkened or bricked-up due to any Requirement or by reason of repairs, maintenance, alterations, or improvements to the Building, or any of such windows are permanently closed, darkened or bricked-up due to any Requirement, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled or injury thereto except to any compensation thereforthe extent that such claims are due to the willful acts or negligence of Landlord, nor abatement its agents or diminution of Base Rent or any other item of Rentalemployees, nor shall the same release Tenant from its obligations hereunderLandlord be considered the voluntary or involuntary bailee of such personal property, nor constitute an actual or constructive eviction, in whole or in part, by reason of inconvenience or annoyance to Tenant, for damage or injury to the Tenant or interruption any of Tenant's businessits officers, agents or employees or to any other persons or to any other property caused by fire, explosion, water, rain, snow, frost, steam, gas, electricity, heat or cold, dampness, falling plaster, sewers or sewage odors, noise, leaks from any part of said Building or the roof, the bursting or leaking of pipes, plumbing, electrical wiring and equipment and fixtures of all kinds, or otherwiseby any act or neglect of other tenants or occupants of the complex or of any other person. C. All damage or injury to the Premises or to its fixtures, nor impose appurtenances and equipment or to the Building caused by the Tenant’s moving property in or out of the Building or by installation or removal of furniture, fixtures or other property or from any liability upon Landlord cause of any kind or nature whatsoever of which the Tenant, its servants, employees, agents, visitors or licensees shall be the cause, shall be repaired, restored and replaced promptly by the Tenant at its sole cost and expense, in quality and class at least equal to the original work or installations, and to the satisfaction of the Landlord. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, as aforesaid, Landlord shall perform Tenant fails to make such repairs, maintenancerestorations or replacements, alterations the same may be made by the Landlord for the account of the Tenant and the cost thereof shall be collectible as Additional Rent or improvements otherwise after rendition of a xxxx or statement and comply payable simultaneously with the applicable Requirements as Landlord is required to perform hereunder with reasonable diligence next monthly installment of Rent due and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened, or bricked-uppayable hereunder. (c) Tenant shall immediately notify Landlord of any fire or accident in the Premises, promptly upon becoming aware of same.

Damage to Property. Injury to Persons: ------------------------------------- (a) Any Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, hereby waives all claims of liability that Tenant or Tenant's legal representatives, successors or assigns may have against Landlord, and Tenant hereby indemnifies and agrees to hold Landlord harmless from any and all claims of liability for any injury or damage to any person or property whatsoever: (I) occurring in, on or about the Premises or any part thereof, except to the extent the same arises out of the negligence of the Landlord, its agents, contractors or employees; and (2) occurring in, on or about the Building employee Complex, to whom the extent such injury or damage is caused in part or in whole by the act, neglect, fault or omission of Tenant, its agents, contractors, employees, licensees or invitees. Tenant further agrees to indemnify and to hold Landlord harmless from and against any property and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any act or negligence of Tenant, or any of its agents, contractors, employees, licensees or invitees. Such indemnities shall include by way of example, but not limitation, all costs, reasonable attorneys' fees, expenses and liabilities incurred in or about any such claim, action or proceeding. (b) Landlord shall not be entrusted liable to Tenant for any damage by or on behalf from any act or negligence of any co-tenant or other occupant of the Building Complex, or by any owner or occupant of adjoining or contiguous property. Landlord shall not be liable for any injury or damage to persons or property resulting in whole or in part from the criminal activities of others. To the extent not covered by normal and customary fire and extended coverage insurance maintained by Landlord or by prudent building owners in the Denver, Colorado area, and not otherwise caused by the negligence of Landlord, its agents, contractors or employees, Tenant agrees to pay for all damage to the Building Complex, as well as all damage to persons or property of other tenants or occupants thereof, caused by the misuse, neglect, act, omission or negligence of Tenant shall be deemed to be acting as Tenant's agent with respect to such property and neither or any of its agents, contractors, employees, licensees or invitees. (c) Neither Landlord nor its agents or employees shall be liable for any damage to property of Tenant or of others entrusted to Landlord, its agents or employees, or employees of the Buildingbuilding manager, if any, nor for the loss of or damage to any property of Tenant occurring by theft or otherwise, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water of rain which may leak from any part of the Building Complex 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, or any other cause whatsoever; provided, however, nothing contained herein shall be construed to relieve Landlord from liability for any personal injury resulting from its negligence or willful misconduct or its breach of its obligations under this Lease. Subject to the terms of Section 23.3 hereof, neither Neither Landlord nor its agents or employees shall be liable for any injury (interference with the lights, view or death) other incorporeal hereditament. Tenant shall give prompt notice to persons or damage to property, or interruption Landlord in case of Tenant's business, resulting from fire or other casualty, nor shall Landlord accidents in or its agents be liable for any such injury (about the Premises or death) to persons or damage caused by other tenants or persons in the Building or caused by construction of any private, public or quasi-public work, nor shall Landlord be liable for any injury (or death) to persons or damage to property or improvements, or interruption of Tenant's business, resulting from any latent defect in the Premises defects therein or in the Buildingfixtures or equipment located therein. (bd) If at In case any time any windows of the Premises are temporarily closedclaim, darkened demand, action or bricked-up due to any Requirement proceeding is made or by reason of repairsbrought against Landlord, maintenance, alterations, its agents or improvements to the Building, or any of such windows are permanently closed, darkened or bricked-up due to any Requirement, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor, nor abatement or diminution of Base Rent or any other item of Rental, nor shall the same release Tenant from its obligations hereunder, nor constitute an actual or constructive eviction, in whole or in partemployees, by reason of inconvenience any obligation on Tenant's part to be performed under the terms of this Lease, or annoyance arising from any act or negligence of Tenant, its agents or employees, or which gives rise to Tenant's obligation to indemnify Landlord, Tenant shall be responsible for all costs and expenses, including but not limited to reasonable attorneys' fees incurred in defending or injury to or interruption of Tenant's business, or otherwise, nor impose any liability upon Landlord or its agents. If at any time the windows prosecution of the Premises are temporarily closed, darkened or bricked-upsame, as aforesaid, Landlord shall perform such repairs, maintenance, alterations or improvements and comply with the applicable Requirements as Landlord is required to perform hereunder with reasonable diligence and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened, or bricked-upapplicable. (c) Tenant shall immediately notify Landlord of any fire or accident in the Premises, promptly upon becoming aware of same.

Damage to Property. (a) Any Building employee Injury to whom any property shall Persons -------------------------------------- Tenant, as a material part of the consideration to be entrusted rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims except claims caused by or resulting from the non-performance, willful and wanton conduct or negligence of Landlord, its agents, servants or employees, which Tenant or Tenant's successor or assigns may have against Landlord, its agent, servants or employees from loss, theft or damage to the property and for injuries to persons in, upon or about the Premises from any cause whatsoever. Tenant will hold Landlord, their heirs, representatives, agents, servants, and employees exempt and harmless from and on behalf account of any damage or injury to any person, or to the goods, wares and merchandise of any person, arising from the uses of the Premises by Tenant or arising from the failure of Tenant to keep the Premises in good condition as herein provided, if non-performance by Landlord or negligence by Landlord, its agents, servants or employees does not contribute thereto, Tenant agrees to pay for all damage to the Premises caused by Tenant's misuse or neglect of Premises, its apparatus or appurtenances or caused by any licensee, contractor, agent or employees of Tenant. Notwithstanding the foregoing provisions, neither Landlord nor Tenant shall be deemed liable to be acting as Tenant's agent with respect one another for any loss, damage or injury caused by its act or neglect to the extent that the other party has recovered the amount of such property loss, damage or injury from insurance and neither Landlord the insurance company is bound by this waiver of liability. (i) damage to or theft of or misappropriation of such property; nor its agents shall be liable for any damage to property of Tenant or of others entrusted to employees of the BuildingLandlord, nor their agents, servants, or employees, if any; (ii) for the loss of or damage to any property of Tenant by theft or otherwise. Subject to the terms of Section 23.3 hereof, neither Landlord nor its agents shall be liable by any means whatsoever; (iii) for any injury (or death) damage to persons or damage to property, or interruption of Tenant's business, property resulting from fire fire, explosion, falling plaster, steam, gas, electricity, snow, water or other casualty, nor shall Landlord or its agents be liable for rain which may leak from any such injury (or death) to persons or damage caused by other tenants or persons in part of the Building or caused by construction of from pipes, appliances or plumbing works therein or frontthe roof, street or subsurface or from any private, public other place or quasi-public work, nor shall Landlord be liable for any injury (or death) to persons or damage to property or improvements, or interruption of Tenant's business, resulting from dampness or any other cause whatsoever; (iv) for interference with the light or other incorporeal hereditaments; or (v) for any latent defect in the Premises or in the Building. (b) If at any time any windows . Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises are temporarily closed, darkened or bricked-up due to in the Building or of defects therein or in the fixtures or equipment. In case any Requirement action or proceeding be brought against Landlord by reason of repairs, maintenance, alterationsany obligation of Tenant's part to be performed under the terms of this Lease, or improvements arising from any act or negligence of Tenant, or of their agents or employees, Tenant, upon notice from Landlord shall defend the same at Tenant's expense by counsel mutually agreed upon by the Landlord and the Tenant. Tenant shall maintain in full force and effect during the Term of this Lease (including any period prior to the Buildingbeginning of the Term during which Tenant has taken possession and including also any period of extension of the Term in which Tenant obtains possession), with responsible companies; (i) public liability insurance insuring Tenant against all claims, demands or actions for injury to or death of any one person in an amount of not less than One Million ($1,000,000.00) Dollars and for injury to or death of not more than one person in any one accident in an amount not SEE ADDENDUM less than One Million ($1,000,000.00) Dollars and for damage to No. 9. property in an amount of no less than One Million ($1,000,000.00) Dollars.* All such policies, shall name Landlord, any mortgagees of Landlord, and all other parties designated by Landlord as additional parties insured. All insurance policies shall indicate that at least thirty (30) days prior written notice shall be delivered to all additional parties insured by the insurer prior to termination of cancellation of such windows are permanently closed, darkened or bricked-up due to any Requirement, Landlord shall not be liable for any damage Tenant may sustain thereby insurance and Tenant shall provide Certificates of Insurance, not be entitled less than ten (10) days prior to any compensation therefor, nor abatement or diminution of Base Rent or any other item of Rental, nor shall the same release Tenant from its obligations hereunder, nor constitute an actual or constructive eviction, in whole or in part, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise, nor impose any liability upon Landlord or its agents. If at any time the windows Commencement Date of the Premises are temporarily closedTerm hereof, darkened evidencing the aforesaid coverage to all insured parties. Tenant shall not violate or bricked-up, as aforesaid, Landlord permit a violation of any of the conditions or terms of any such insurance policies and shall perform and satisfy all reasonable requirements of the insurance company issuing such repairs, maintenance, alterations or improvements and comply with the applicable Requirements as Landlord is required to perform hereunder with reasonable diligence and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened, or bricked-uppolicies. (c) Tenant shall immediately notify Landlord of any fire or accident in the Premises, promptly upon becoming aware of same.

Damage to Property. (a) Any Building employee Injury to whom any property shall Persons TENANT, as a material part of the consideration to be entrusted rendered to LANDLORD under this Lease, to the extent permitted by law, hereby waives all claims except claims caused by or on behalf resulting from the non-performance of Tenant shall be deemed the LANDLORD, willful and wanton conduct or negligence of LANDLORD, its agents, servants or employees which TENANT or TENANT'S successor or assigns may have against LANDLORD, its agents, servants, or employees for loss, theft or damage to be acting as Tenant's agent with respect to such the property and neither Landlord for injuries to persons in, upon or about the PREMISES or the Building from any cause whatsoever. TENANT will hold LANDLORD, its agents, servants, and employees exempt and harmless from and on account of any damage or injury to any person, or to the goods, wares, and merchandise of any person, arising from the uses of the PREMISES by TENANT or arising from the failure of TENANT to keep the PREMISES in good condition as herein provided if non-performance by the LANDLORD or negligence of the LANDLORD, its agents, servants or employees does not contribute hereto. Neither LANDLORD nor its agents agents, servants, employees shall be liable to TENANT for any damage by or from any act or negligence of any co-tenant or other occupant of the same Building, or by any owner or occupant of adjoining or contiguous property, provided however, that the provisions of this paragraph shall not apply to negligence or willful and wanton misconduct of any such individuals or entities. TENANT agrees to pay for all damage to the Building or the PREMISES, as well as all damage to tenants or occupants thereof caused by TENANT'S misuse or neglect of the PREMISES, its apparatus or appurtenances or caused by any licensee, contractor, agent or employees of TENANT. Notwithstanding the foregoing provisions, neither LANDLORD nor TENANT shall be liable to one another for any loss, damage or injury caused by its act or neglect to the extent that the other party has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to TENANT or any occupant of the PREMISES that is in the Building or the PREMISES shall be there at the risk to TENANT or other person only, and LANDLORD or its agent, servants, or employees (except in case of non-performance by the LANDLORD or negligence or willful and wanton conduct of LANDLORD or its agents, servants, employees) shall not be liable for: damage to or theft of or misappropriation of such property; nor for any damage to property of Tenant or of others entrusted to employees of the BuildingLANDLORD, its agents, servants, or employees, if any; nor for the loss of or for damage to any property of Tenant by theft or otherwise. Subject to the terms of Section 23.3 hereof, neither Landlord nor its agents shall be liable by any means whatsoever, not for any injury (or death) damage to persons or damage to property, or interruption of Tenant's business, property resulting from fire fire, explosion, falling plaster, steam, gas, electricity, snow, water or other casualty, nor shall Landlord or its agents be liable for rain which may leak from any such injury (or death) to persons or damage caused by other tenants or persons in part of the Building or caused by construction of from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any private, public other place or quasi-public workresulting from dampness or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor shall Landlord be liable for any injury (or death) to persons or damage to property or improvements, or interruption of Tenant's business, resulting from any latent defect in the Premises PREMISES or in the Building. (b) If at any time any windows . TENANT shall give prompt notice to LANDLORD in case of fire or accidents in the Premises are temporarily closed, darkened or bricked-up due to any Requirement or by reason of repairs, maintenance, alterations, or improvements to the Building, or any of such windows are permanently closed, darkened or bricked-up due to any Requirement, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor, nor abatement or diminution of Base Rent or any other item of Rental, nor shall the same release Tenant from its obligations hereunder, nor constitute an actual or constructive eviction, in whole PREMISES or in part, by reason the Building or of inconvenience defects therein or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise, nor impose any liability upon Landlord or its agents. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, as aforesaid, Landlord shall perform such repairs, maintenance, alterations or improvements and comply with the applicable Requirements as Landlord is required to perform hereunder with reasonable diligence and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened, or bricked-up. (c) Tenant shall immediately notify Landlord of any fire or accident in the Premises, promptly upon becoming aware of samefixtures or equipment.

Damage to Property. (a) Any Building employee Injury to whom any property shall Persons TENANT, as a material part of the consideration to be entrusted rendered to LANDLORD under this Lease, to the extent permitted by law, hereby waives all claims except claims caused by or on behalf resulting from the non-performance of Tenant shall be deemed the LANDLORD, which TENANT or TENANT'S successor or assigns may have against LANDLORD, its agents, servants, or employees for loss, theft or damage to be acting as Tenant's agent with respect to such the property and neither Landlord for injuries to persons in, upon or about the PREMISES or the Building from any cause whatsoever. TENANT will hold LANDLORD, its agents, servants, and employees exempt and harmless from and on account of any damage or, injury to any person, or to the goods, wares, and merchandise of any person, arising from the uses of the PREMISES by TENANT or arising from the failure of TENANT to keep the PREMISES in good condition as herein provided if non-performance by the LANDLORD or negligence of the LANDLORD, its agents, servants or employees does not contribute hereto. Neither LANDLORD nor its agents agents, servants, employees shall be liable to TENANT for any damage by or from any act or negligence of any co-tenant or other occupant of the same Building, or by any owner or occupant of adjoining or contiguous property, provided however, that the provisions of this paragraph shall not apply to negligence or willful and wanton misconduct of any such individuals or entities. TENANT agrees to pay for all damage to the Building or the PREMISES, as well as all damage to tenants or occupants thereof caused by TENANT'S misuse or neglect of the PREMISES, its apparatus or appurtenances or caused by any licensee, contractor, agent or employees of TENANT. Notwithstanding the foregoing provisions, neither LANDLORD nor TENANT shall be liable to one another for any loss, damage or injury caused by its act or neglect to the extent that the other party has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. LANDLORD will hold TENANT, its agents, servants, and employees exempt and harmless from and on account of any damage or injury to any person, or to the goods, wares, and merchandise of any person, arising of the failure of LANDLORD to keep the Building and its common areas under LANDLORD's control in good condition as herein provided as a result of any act or omission of LANDLORD, its agents, servants, or employees, and waives all claims against TENANT for loss, damage, or theft of LANDLORD's property and for injuries to persons in and about those portions of the Building and its common areas under LANDLORD's control. Notwithstanding the foregoing provisions, LANDLORD shall not be liable to TENANT for any loss, damage or injury caused by its act or neglect to the extent that TENANT has recovered the amount of such loss, damage or injury from insurance and the insurance company is bound by this waiver of liability. Particularly, but not in limitation of the foregoing paragraph, all property belonging to TENANT or any occupant of the PREMISES that is in the Building or the PREMISES shall be there at the risk of TENANT or other person only, and LANDLORD or its agent, servants, or employees (except in case of non-performance by the LANDLORD or negligence or willful and wanton conduct of LANDLORD or its agents, servants, employees) shall not be liable for: damage to or theft of or misappropriation of such property; nor for any damage to property of Tenant or of others entrusted to employees of the BuildingLANDLORD, its agents, servants, or employees, if any; nor for the loss of or damage to any property of Tenant by theft or otherwise. Subject to the terms of Section 23.3 hereofother-wise, neither Landlord by any means whatsoever, nor its agents shall be liable for any injury (or death) damage to persons or damage to property, or interruption of Tenant's business, property resulting from fire fire, explosion, falling plaster, steam, gas, electricity, snow, water or other casualty, nor shall Landlord or its agents be liable for rain which may leak from any such injury (or death) to persons or damage caused by other tenants or persons in part of the Building or caused by construction of from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any private, public other place or quasi-public workresulting from dampness or any other cause whatsoever; nor for interference with the light or other incorporeal hereditaments, nor shall Landlord be liable for any injury (or death) to persons or damage to property or improvements, or interruption of Tenant's business, resulting from any latent defect in the Premises PREMISES or in the Building. (b) If at . TENANT shall give prompt notice to LANDLORD in case of fire or accidents in the PREMISES or in the Building or of defects therein or in the fixtures or equipment. In case any time any windows of the Premises are temporarily closed, darkened action or bricked-up due to any Requirement or proceeding be brought against LANDLORD by reason of repairs, maintenance, alterationsany obligation on TENANT'S part to be performed under the term of this Lease, or improvements arising from any act or negligence of the TENANT, or of its agents or employees, TENANT, upon notice from LANDLORD shall defend the same at TENANT'S expense by counsel reasonably satisfactory to LANDLORD. TENANT shall maintain in full force and effect during the term of this Lease (including any period prior to the Buildingbeginning of the term during which TENANT has taken possession and including also any period of extension of the Term in which TENANT obtains possession), in responsible companies approved by LANDLORD (i) fire and extended coverage insurance including an endorsement for vandalism and malicious mischief) covering all TENANT'S property in, on or any about the PREMISES, with full waiver or subrogation rights against LANDLORD in an amount equal to the full replacement cost of such windows are permanently closedproperty, darkened and (ii) public liability insurance insuring TENANT against all claims, demands or bricked-up due to any Requirement, Landlord shall not be liable action for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor, nor abatement or diminution of Base Rent or any other item of Rental, nor shall the same release Tenant from its obligations hereunder, nor constitute an actual or constructive eviction, in whole or in part, by reason of inconvenience or annoyance to Tenant, or injury to or interruption death of Tenantany one person in an amount of not less than FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS and for injury to or death of more than one person in any one accident in an amount not less than ONE MILLION ($1,000,000.00) DOLLARS and for damage to property in an amount of not less than ONE HUNDRED THOUSAND ($100,000.00) DOLLARS or such other amounts as LANDLORD may reasonably require and (iii) rental insurance equal to one year's business, or otherwise, nor impose any rent insurance. All liability upon Landlord or its agentspolicies shall cover the entire PREMISES. If at any time LANDLORD agrees to maintain fire and extended coverage insurance for the windows full replacement value of the Premises are temporarily closedBuilding during the term of the Lease. All such policies, darkened shall name LANDLORD, any mortgagees of LANDLORD, and all other parties designated by LANDLORD as additional parties insured. All insurance policies shall indicate that at least thirty (30) days prior written notice shall be delivered to all additional parties insured by the insurer prior to termination of cancellation of such insurance and TENANT shall provide Certificates of Insurance, not less than ten (10) days prior to the COMMENCEMENT DATE, evidencing the aforesaid coverage to all insured parties. TENANT shall not violate or bricked-up, as aforesaid, Landlord permit a violation of any of the conditions or terms of any such insurance policies and shall perform and satisfy all reasonable requirements of the insurance company issuing such repairs, maintenance, alterations or improvements and comply with the applicable Requirements as Landlord is required to perform hereunder with reasonable diligence and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened, or bricked-uppolicies. (c) Tenant shall immediately notify Landlord of any fire or accident in the Premises, promptly upon becoming aware of same.

Damage to Property. (a) Any Building employee Tenant shall give to whom Landlord prompt ------------------ written notice of any property damage to, or defective condition in, any part or appurtenance of the Building's sanitary, electrical, heating, air con- ditioning or other similar of dissimilar systems serving, located in, or passing through, the premises, and the damage or defective condition shall be entrusted remedied by Landlord with reasonable diligence, but if such damage or on behalf defective condition was caused by, or resulted from the wrongful use by, Tenant or by the employees, licensees or invitees of Tenant, the cost of the remedy thereof shall be paid by Tenant, as additional rent, upon the rendition of a xxxx indicating the amount due therefor. (b) All personal property belonging to Tenant, its servants, employees, suppliers, consignors, customers, licensees, located in or about the Building or demised premises shall be there at sole risk of Tenant shall be deemed to be acting as Tenant's agent with respect to such property and neither Landlord nor its Landlord's agents shall be liable for the theft, loss or misappropriation thereof nor for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of injury thereto unless caused by or damage to any property of Tenant by theft or otherwise. Subject to the terms of Section 23.3 hereof, neither Landlord nor its agents shall be liable for any injury (or death) to persons or damage to property, or interruption of Tenant's business, resulting from fire Landlord's gross negligence or other casualty, nor shall Landlord or its agents be liable for any such injury (or death) to persons or damage caused by other tenants or persons in the Building or caused by construction acts of any private, public or quasi-public workwillful misconduct, nor shall Landlord be liable considered the voluntary or involuntary bailee of such personal property, nor for any damage or injury (or death) to persons or damage to property or improvements, or interruption of Tenant's business, resulting from any latent defect in the Premises or in the Building. (b) If at any time any windows of the Premises are temporarily closed, darkened or bricked-up due to any Requirement or by reason of repairs, maintenance, alterations, or improvements to the Building, Tenant or any of such windows are permanently closedits officers, darkened agents or bricked-up due employees or to any Requirement, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled other persons or to any compensation thereforother property caused by fire, nor abatement explosion, water, rain, snow, frost, steam, gas, electricity, heat or diminution cold, dampness, failing plaster, sewers or sewage odors, noise, leaks from any part of Base Rent said Building or the roof, the bursting or leaking of pipes, plumbing, electrical wiring and equipment and fixtures of all kinds, * unless caused by or resulting from Landlord's gross negligence or acts of willful misconduct or by any act or neglect of other tenants or occupants of the Building of any other item of Rental, nor shall the same release Tenant from its obligations hereunder, nor constitute an actual or constructive eviction, in whole or in part, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise, nor impose any liability upon Landlord or its agents. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, as aforesaid, Landlord shall perform such repairs, maintenance, alterations or improvements and comply with the applicable Requirements as Landlord is required to perform hereunder with reasonable diligence and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened, or bricked-upperson. (c) Tenant shall immediately notify Landlord All damage or injury to the premises or to its fixtures, appurtenances and equipment or to the Building, its fixtures, appurtenances or equipment caused by Tenant's moving property in or out of the Building or by installation or removal of furniture, fixtures or other property or from any cause of any fire kind or accident nature whatsoever of which Tenant, its servants, employees, agents, visitors or licensees shall be the cause, shall be repaired, restored and replaced promptly by Tenant at its sole cost and expense, in quality and class at least equal to the Premisesoriginal work or installations, promptly upon becoming aware and to the satisfaction of sameLandlord. If Tenant fails to commence such repairs, restorations or replacements, within ten (10) days after notice from Landlord, the same may be made by Landlord for the account of Tenant and the cost thereof shall be collectible as additional rent or otherwise after rendition of a xxxx or statement and payable simultaneously with the next monthly installment of rent due and payable hereunder.

Damage to Property. (a) Any Building employee A. Tenant shall give to whom Landlord prompt written notice of any property damage to, or defective condition in, any part or appurtenance of the Building's sanitary, electrical, heating, air conditioning or other similar or dissimilar systems serving, located in, or passing through, the premises, and the damage or defective condition shall be entrusted remedied by Landlord with reasonable diligence, but if such damage or on behalf defective condition was caused by, or resulted from the misuse by, Tenant or by the employees, licensees or invitees of Tenant, the cost of the remedy thereof shall be paid by Tenant, as additional rent, within fifteen (15) days of the rendition of a xxxx indicating the amount due therefor. B. All personal property belonging to Tenant, its servants, employees, suppliers, consignors, customers, licensees, located in or about the Building or Demised Premises shall be there at sole risk of Tenant shall be deemed to be acting as Tenant's agent with respect to such property and neither Landlord nor its Landlord's agents shall be liable for the theft, loss or misappropriation thereof nor for any damage or injury thereto, except to property of Tenant or of others entrusted to employees the extent arising out of the Buildingnegligence or willful misconduct of Landlord, nor for the loss of or damage to any property of Tenant by theft or otherwise. Subject to the terms of Section 23.3 hereof, neither Landlord nor its agents shall be liable for any injury (or death) to persons or damage to property, or interruption of Tenant's business, resulting from fire or other casualty, nor shall Landlord or its agents be liable for any such injury (or death) to persons or damage caused by other tenants or persons in the Building or caused by construction of any private, public or quasi-public workemployees, nor shall Landlord be liable considered the voluntary or involuntary bailee of such personal property, nor for damage or injury to Tenant or any injury (of its officers, agents or death) employees or to any other persons or damage to any other property caused by fire, explosion, water, rain, snow, frost, steam, gas, electricity, heat or improvementscold, dampness, falling plaster, sewers or sewage odors, noise, leaks from any part of said Building or roof, the bursting or leaking of pipes, plumbing, electrical wiring and equipment and fixtures of all kinds, except to the extent arising out of the negligence or willful misconduct of, or interruption breach of Tenant's businessthis Lease by, resulting from Landlord, or by any latent defect in act or neglect of other tenants or occupants of the Premises Building or in the Buildingof any other person. (b) If at any time any windows of C. All damage or injury to the Premises are temporarily closedpremises or to its fixtures, darkened appurtenances and equipment or bricked-up due to any Requirement or by reason of repairs, maintenance, alterations, or improvements to the Building, its fixtures, appurtenances or equipment caused by Tenant's moving property in or out of the Building or by installation or removal of furniture, fixtures or other property or from any cause of such windows are permanently closedany kind or nature whatsoever of which Tenant, darkened its servants, employees, agents, visitors or bricked-up due to any Requirementlicensees shall be the cause, Landlord shall not be liable for any damage repaired, restored and replaced promptly by Tenant may sustain thereby at its sole cost and Tenant shall not be entitled to any compensation therefor, nor abatement or diminution of Base Rent or any other item of Rental, nor shall the same release Tenant from its obligations hereunder, nor constitute an actual or constructive evictionexpense, in whole quality and class at least equal to the original work or in partinstallations, by reason and to the reasonable satisfaction of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise, nor impose any liability upon Landlord or its agentsLandlord. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, as aforesaid, Landlord shall perform Tenant fails to make such repairs, maintenancerestorations or replacements, alterations the same may be made by Landlord for the account of Tenant and the reasonable cost thereof shall be collectible as additional rent or improvements otherwise after rendition of a xxxx or statement and comply payable simultaneously with the applicable Requirements as Landlord is required to perform hereunder with reasonable diligence next monthly installment of rent due and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened, or bricked-uppayable hereunder. (c) Tenant shall immediately notify Landlord of any fire or accident in the Premises, promptly upon becoming aware of same.

Damage to Property. (a) Any Building employee A. Tenant shall give to whom Landlord prompt written notice of any property damage to, or defective condition in, any part or appurtenance of the Building's sanitary, electrical, heating, air conditioning or other similar or dissimilar systems serving, located in, or passing through, the premises, and the damage or defective condition shall be entrusted remedied by Landlord with reasonable diligence, but if such damage or on behalf defective condition was caused by, or resulted from the use by, Tenant or by the employees, licensees or invitees of Tenant, the cost of the remedy thereof shall be paid by Tenant, as additional rent, upon the rendition of a bill indicating the amount due therefor. B. All personxx xroperty belonging to Tenant, its servants, employees, suppliers, consignors, customers, licensees, located in or about the Building or demised premises shall be there at sole risk of Tenant shall be deemed to be acting as Tenant's agent with respect to such property and neither Landlord nor its Landlord's agents shall be liable for the theft, loss or misappropriation thereof nor for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise. Subject to the terms of Section 23.3 hereof, neither Landlord nor its agents shall be liable for any injury (or death) to persons or damage to property, or interruption of Tenant's business, resulting from fire or other casualty, nor shall Landlord or its agents be liable for any such injury (or death) to persons or damage caused by other tenants or persons in the Building or caused by construction of any private, public or quasi-public workthereto, nor shall Landlord be liable considered the voluntary or involuntary bailee of such personal property, nor for damage or injury to Tenant or any injury (of its officers, agents or death) employees or to any other persons or damage to any other property caused by fire, explosion, water, rain, snow, frost, steam, gas, electricity, heat or improvementscold, dampness, falling plaster, sewers or sewage odors, noise, leaks from any part of said Building or roof, the bursting or leaking of pipes, plumbing, electrical wiring and equipment and fixtures of all kinds, or interruption by any act or neglect of Tenant's business, resulting from other tenants or occupants of the Building or of any latent defect in the Premises or in the Buildingother person. (b) If at any time any windows of C. All damage or injury to the Premises are temporarily closedpremises or to its fixtures, darkened appurtenances and equipment or bricked-up due to any Requirement or by reason of repairs, maintenance, alterations, or improvements to the Building, its fixtures, appurtenances or equipment caused by Tenant's moving property in or out of the Building or by installation or removal of furniture, fixtures or other property or from any cause of such windows are permanently closedany kind or nature whatsoever of which Tenant, darkened its servants, employees, agents, visitors or bricked-up due to any Requirementlicensees shall be the cause, Landlord shall not be liable for any damage repaired, restored and replaced promptly by Tenant may sustain thereby at its sole cost and Tenant shall not be entitled to any compensation therefor, nor abatement or diminution of Base Rent or any other item of Rental, nor shall the same release Tenant from its obligations hereunder, nor constitute an actual or constructive evictionexpense, in whole quality and class at least equal to the original work or in partinstallations, by reason and to the satisfaction of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise, nor impose any liability upon Landlord or its agentsLandlord. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, as aforesaid, Landlord shall perform Tenant fails to make such repairs, maintenancerestorations or replacements, alterations the same may be made by Landlord for the account of Tenant and the cost thereof shall be collectible as additional rent or improvements otherwise after rendition of a bill or statement and comply payable simultaneously with the applicable Requirements as Landlord is required to perform hereunder with reasonable diligence next monthly ixxxxllment of rent due and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened, or bricked-uppayable hereunder. (c) Tenant shall immediately notify Landlord of any fire or accident in the Premises, promptly upon becoming aware of same.

Damage to Property. (a) Any Building employee to whom INJURY TO PERSONS Lessee shall indemnify and hold Lessor harmless from any property and all claims arising from Lessee's use of the Premises or the conduct of its business or from any activity, work, or thing done, permitted or suffered by Lessee in or about the Premises, and shall be entrusted by further indemnify and hold Lessor harmless from any and all claims arising from any breach or default in the performance of any obligation on behalf of Tenant shall be deemed Lessee's part to be acting performed under the terms of this lease, or arising from any act or negligence of Lessee or of its agents or employees, and from all costs, attorneys' fees, expenses and liabilities incurred as Tenanta result of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim. Lessee, upon notice from Lessor, shall defend the same at Lessee's agent with expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon, or about the Premises from any cause which does not result from the negligence of Lessor and Lessee hereby waives all claims in respect to such property and neither Landlord nor thereof against Lessor. Lessor or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein, or from the roof, street or subsurface, or from any other place resulting from dampness or any other cause whatsoever which does not result from the negligence of Lessor. Subject to the terms of Section 23.3 hereof, neither Landlord nor Lessor or its agents shall not be liable for any injury (or death) to persons or damage to property, or interruption of Tenant's business, resulting from fire or other casualtyinterference with the natural light, nor shall Landlord or its agents Lessor be liable for any such injury (or death) to persons or damage caused by other tenants or persons in the Building or caused by construction of any private, public or quasi-public work, nor shall Landlord be liable for any injury (or death) to persons or damage to property or improvements, or interruption of Tenant's business, resulting from any latent defect in the Premises or in the Building. (b) If at . Lessee shall give prompt notice to Lessor of any time any windows of fire, accident or defect discovered within the Premises are temporarily closed, darkened or bricked-up due to any Requirement or by reason of repairs, maintenance, alterations, or improvements to the Building, or any of such windows are permanently closed, darkened or bricked-up due to any Requirement, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor, nor abatement or diminution of Base Rent or any other item of Rental, nor shall the same release Tenant from its obligations hereunder, nor constitute an actual or constructive eviction, in whole or in part, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise, nor impose any liability upon Landlord or its agents. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, as aforesaid, Landlord shall perform such repairs, maintenance, alterations or improvements and comply with the applicable Requirements as Landlord is required to perform hereunder with reasonable diligence and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened, or bricked-up. (c) Tenant shall immediately notify Landlord of any fire or accident in the Premises, promptly upon becoming aware of same.

Damage to Property. (a) Any Building employee A. Tenant shall give to whom Landlord prompt written notice of any property damage to, or defective condition in, any part or appurtenance of the Building's sanitary, electrical, heating, air conditioning or other similar or dissimilar systems serving, located in, or passing through, the premises, and the damage or defective condition shall be entrusted remedied by Landlord with reasonable diligence, but if such damage or on behalf defective condition was caused by, or resulted from the negligence of Tenant or by the employees, licensees or invitees of Tenant, the cost of the remedy thereof shall be deemed paid by Tenant, as additional rent, within fifteen (15) days of the rendition of a xxxx indicating the amount due therefor. B. All personal property belonging to Tenant, its servants, employees, suppliers, consignors, customers, licensees, located in or about the Building or Demised Premises shall be acting as Tenant's agent with respect to such property there at sole risk of Tenant and neither Landlord nor its Landlord's agents shall be liable for the theft, loss or misappropriation thereof nor for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise. Subject to the terms of Section 23.3 hereof, neither Landlord nor its agents shall be liable for any injury (or death) to persons or damage to property, or interruption of Tenant's business, resulting from fire or other casualty, nor shall Landlord or its agents be liable for any such injury (or death) to persons or damage caused by other tenants or persons in the Building or caused by construction of any private, public or quasi-public workthereto, nor shall Landlord be liable considered the voluntary or involuntary bailee of such personal property, nor for damage or injury to Tenant or any injury (of its officers, agents or death) employees or to any other persons or damage to any other property caused by fire, explosion, water, rain, snow, frost, steam, gas, electricity, heat or improvementscold, dampness, falling plaster, sewers or sewage odors, noise, leaks from any part of said Building or roof, the bursting or leaking of pipes, plumbing, electrical wiring and equipment and fixtures of all kinds, or interruption by any act or neglect of Tenant's business, resulting from other tenants or occupants of the Building or of any latent defect in the Premises or in the Buildingother person. (b) If at any time any windows of C. All damage or injury to the Premises are temporarily closedpremises or to its fixtures, darkened appurtenances and equipment or bricked-up due to any Requirement or by reason of repairs, maintenance, alterations, or improvements to the Building, its fixtures, appurtenances or equipment caused by Tenant's moving property in or out of the Building or by installation or removal of furniture, fixtures or other property or from any cause of such windows are permanently closedany kind or nature whatsoever of which Tenant, darkened its servants, employees, agents, visitors or bricked-up due to any Requirementlicensees shall be the cause, Landlord shall not be liable for any damage repaired, restored and replaced promptly by Tenant may sustain thereby at its sole cost and Tenant shall not be entitled to any compensation therefor, nor abatement or diminution of Base Rent or any other item of Rental, nor shall the same release Tenant from its obligations hereunder, nor constitute an actual or constructive evictionexpense, in whole quality and class at least equal to the original work or in partinstallations, by reason and to the satisfaction of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise, nor impose any liability upon Landlord or its agentsLandlord. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, as aforesaid, Landlord shall perform Tenant fails to make such repairs, maintenancerestorations or replacements, alterations the same may be made by Landlord for the account of Tenant and the cost thereof shall be collectible as additional rent or improvements otherwise after rendition of a xxxx or statement and comply payable simultaneously with the applicable Requirements as Landlord is required to perform hereunder with reasonable diligence next monthly installment of rent due and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened, or bricked-uppayable hereunder. (c) Tenant shall immediately notify Landlord of any fire or accident in the Premises, promptly upon becoming aware of same.

Damage to Property. (a) Any Building employee Injury to whom any property shall Persons X. Xxxxxx, as a material part of the consideration to be entrusted rendered to Landlord under this Lease, to the extent permitted by law, hereby waives all claims except claims caused by or resulting from the non-performance of the Landlord, willful or negligent act or omission of Landlord, its agents, servants or employees which Tenant or Xxxxxx's successor or assigns may have against Landlord, its agents, servants, or employees for loss, theft or damage to the property and for injuries to persons in, upon or about the Premises or the Property from any cause whatsoever. Tenant will hold Landlord, its agents, servants, and employees exempt and harmless from and on behalf account of any damage or injury to any person, or to the goods, wares, and merchandise of any person, arising from the uses of the Premises by Tenant or arising from the failure of Tenant shall be deemed to be acting as Tenant's agent with respect to such property and neither keep the Premises in good condition ads herein provided if non-performance by the Landlord or negligence of the Landlords, its agents, servants or employees does not contribute hereto. Neither Landlord nor its agents agents, servants, employees shall be liable to Tenant for any damage by or from any act or negligence of any co-tenant or other occupant of the Property, or by any owner or occupant of adjoining or contiguous property, provided however, that the provisions of this paragraph shall not apply to negligent or willful act or omission of Landlord or misconduct of any such individuals or entities. Xxxxxx agrees to pay for all damage to the Property or the Premises, as well as all damage to tenants or occupants thereof caused by Xxxxxx's misuse or neglect of the Premises, its apparatus or appurtenances or caused by any licensee, contractor, agent or employees of Tenant. B. Particularly, but not in limitation of the foregoing paragraph, all property belonging to Tenant or any occupant of the Premises that is in the Premises shall be there at the risk of Tenant or other person only, and Landlord or its agent, servants, or employees (except in case of non-performance by the Landlord or negligent or willful act or omission of Landlord or its agents, servants, employees) shall not be liable for damage to or theft of or misappropriation of such property; nor for any damage to property of Tenant or of others entrusted to employees of the BuildingLandlord, its agents, servants, or employees, if any; nor for the loss of or damage to any property of Tenant by theft or otherwise. Subject to the terms of Section 23.3 hereof, neither Landlord by any means whatsoever, nor its agents shall be liable for any injury (or death) damage to persons or damage to property, or interruption of Tenant's business, property resulting from fire fire, explosion, falling plaster, steam, gas, electricity, snow, water or rain which may leak from any part of the 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 or any other cause whatsoever; nor for interference with the light or other casualtyincorporeal hereditaments, nor shall Landlord or its agents be liable for any such injury (or death) to persons or damage caused by other tenants or persons in the Building or caused by construction of any private, public or quasi-public work, nor shall Landlord be liable for any injury (or death) to persons or damage to property or improvements, or interruption of Tenant's business, resulting from any latent defect in the Premises. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises or of defects therein or in the Buildingfixtures or equipment. C. In case any action or proceeding be brought against Landlord by reason of any obligation on Tenant's part to be performed under the term of this Lease, or arising from any act or negligence of the Tenant, or of its agents or employees, Tenant, upon notice from Landlord shall defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord. X. Xxxxxx shall maintain in full force and effect during the term of this Lease (including any period prior to the beginning of the term during which Tenant has taken possession and including also any period of extension of the Term in which Tenant obtains possession), in responsible companies approved by Landlord (I) special causes of loss coverage insurance covering all Tenant's property in, on or about the Premises, with full waiver of subrogation rights against Landlord in an amount equal to the full replacement cost of such property, and (ii) commercial general liability insurance including products and completed operations insuring Tenant against all claims, demands or action for bodily injury and property damage with limits of not less than TWO MILLION ($2,000,000.00) DOLLARS or THREE MILLION ($3,000,000.00) DOLLARS each occurrence and in the aggregate. A separate limit of TWO MILLION ($2,000,000.00) DOLLARS or THREE MILLION ($3,000,000.00) DOLLARS each occurrence and in the aggregate shall be provided for products and completed operations or such other amounts as Landlord may reasonably require from time to time and (iii) rental insurance equal to one year's rent insurance naming Landlord as loss payee. All liability policies shall cover the entire demised premises. Landlord shall maintain in full force and effect during the term of this Lease special causes of loss coverage insurance for the full replacement cost of the Premises, the premium for which shall be included in the Property Operating Costs. E. All such policies shall name Xxxxxxxx, any mortgagees of Landlord, and all other parties designated by Landlord as additional parties insured. All insurance policies shall indicate that at least thirty (30) days prior written notice shall be delivered to all additional parties insured by the insurer prior to modification, termination, or cancellation of such insurance and Tenant shall provide Certificates of Insurance, not less than ten (10) days prior to the Commencement Date, evidencing the aforesaid coverage to all insured parties. Failure of Tenant to provide the insurance coverage set forth in subparagraphs (ii) and (iii) in the immediately preceding paragraph shall entitle Landlord to either (a) treat said failure as a default and/or (b) If at any time any windows of obtain such insurance and charge Tenant the Premises are temporarily closed, darkened or bricked-up due to any Requirement or by reason of repairs, maintenance, alterations, or improvements to the Building, or any of such windows are permanently closed, darkened or bricked-up due to any Requirement, Landlord shall not be liable for any damage Tenant may sustain thereby and premiums therefor plus interest thereon as additional rent. Tenant shall not be entitled violate or permit a violation of any of the conditions or terms of any such insurance policies and shall perform and satisfy all reasonable requirements of the insurance company issuing such policies. With respect to any compensation thereforinsurance policy procured to comply with any financial assurance requirement imposed by any state or federal law or regulation, nor abatement or diminution of Base Rent or to any other item of Rentalcasualty, nor shall the same release Tenant from its obligations hereunderproperty, nor constitute an actual or constructive eviction, in whole or in part, environmental impairment insurance purchased by reason of inconvenience or annoyance to Tenant, such policy or injury to or interruption policies shall name Landlord and any mortgagees of Tenant's business, or otherwise, nor impose any liability upon Landlord or its agents. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, as aforesaid, Landlord shall perform such repairs, maintenance, alterations or improvements and comply with the applicable Requirements as Landlord is required to perform hereunder with reasonable diligence and otherwise take such action as may be reasonably necessary to minimize the period during which such windows are temporarily closed, darkened, or bricked-upadditional parties insured. (c) Tenant shall immediately notify Landlord of any fire or accident in the Premises, promptly upon becoming aware of same.