Common use of Damage to Tenant's Property Clause in Contracts

Damage to Tenant's Property. Notwithstanding the provisions of Article 20 or anything to the contrary in this Lease, no Landlord Indemnified Party shall be liable for: (a) loss or damage to any property by theft or any other cause whatsoever, (b) any injury or damage to persons resulting from fire, storms, earthquakes, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or the Project or from the pipes, appliances or plumbing work therein or from the roof, street or sub-surface or from any other place or resulting from dampness or any other cause whatsoever, except that which is solely caused by, or solely the result of: (i) the grossly negligent acts of such Landlord Indemnified Party, (ii) the willful misconduct of such Landlord Indemnified Party, or (iii) any latent defect in the Premises, the Building or any other portion of the Project that is not promptly remedied by Landlord following Landlord’s receipt of notice thereof. Tenant shall immediately give Notice to Landlord in case of the occurrence of any fire or accidents in or about the Premises, the Building or any other portion of the Project, or the discovery of any defects therein (including, without limitation, any latent defect in the Premises) or in any fixtures or equipment that are the property of Landlord, Tenant or any other tenant or occupant of premises in the Project. Without limiting the foregoing, Tenant acknowledges that safety and access control devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or access control device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in Article 22. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law.

Appears in 2 contracts

Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.), Lease Agreement (Crinetics Pharmaceuticals, Inc.)

AutoNDA by SimpleDocs

Damage to Tenant's Property. Notwithstanding the provisions of Article 20 or anything Paragraph 19 to the contrary in contrary, except to the extent caused by the negligence (to the extent not covered by liability insurance carried by Tenant pursuant to this Lease) or misconduct of Landlord or its agents, contractors, employees or invitees, or Landlord’s breach of this Lease, no Landlord Indemnified Party and each of the Landlord Parties shall not be liable for: (a) for any damage to property entrusted to employees of the Building, or for loss of or damage to any property by theft or any other cause whatsoeverotherwise, (b) or for any injury or damage to persons or property resulting from fire, storms, earthquakes, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or (including, but not limited to, the Project Premises) or from the pipes, appliances or plumbing work works therein or from the roof, street or sub-surface or from any other place or resulting from dampness or any other patent or latent cause whatsoever. Landlord and each of the Landlord Parties shall not be liable for interference with the light, except air, view or intangible characteristics or qualities of the Premises; provided, however, that Landlord agrees not to voluntarily construct any improvements or other structures which is solely caused bywould materially interfere with the light, or solely air, the result of: (i) the grossly negligent acts of such Landlord Indemnified Party, (ii) the willful misconduct of such Landlord Indemnified Party, or (iii) any latent defect in view available at the Premises, the Building or any other portion of the Project that unless such construction is not promptly remedied required by Landlord following Landlord’s receipt of notice thereofapplicable law. Tenant shall immediately give Notice prompt notice to Landlord in case of the occurrence of any fire or accidents in the Premises or in the Building or of defects known to Tenant therein or in the fixtures or equipment located therein. Notwithstanding any provision of Paragraph 19 to the contrary, (i) neither Landlord nor any partner, director, officer, member, agent, servant or employee of Landlord shall be liable: for any such damage caused by other tenants or persons in, upon or about the Premises, the Building or any other portion of the ProjectBuilding, or caused by operations in the discovery construction of any defects therein private, public or quasi-public work (including, without limitation, the limitations of liability set forth in this clause (i) shall not apply to any latent defect in damage or liability caused by the Premises) or in any fixtures or equipment that are the property of Landlord, Tenant or any other tenant or occupant of premises in the Project. Without limiting the foregoing, Tenant acknowledges that safety and access control devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or access control device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage negligence (to the extent not covered by liability insurance carried by Tenant desires protection against such criminal acts pursuant to this Lease) or intentional misconduct of Landlord Parties); and (ii) neither party hereto shall be liable to the other lossesfor consequential damages, including lost profits, of the other party or any person claiming through or under the other party (except, in the case of Tenant’s liability, as further described in Article 22. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by LawParagraph 11 above).

Appears in 2 contracts

Samples: Lease Agreement (Okta, Inc.), Lease Agreement (Okta, Inc.)

Damage to Tenant's Property. Notwithstanding the provisions of Article 20 or anything to the contrary in this Lease, no Landlord Indemnified Party shall be liable for: (a) loss or damage to any property by theft or any other cause whatsoever, (b) any injury or damage to persons resulting from fire, storms, earthquakes, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building Building, the Parking Areas or the Project or from the pipes, appliances or plumbing work therein or from the roof, street or sub-surface or from any other place or resulting from dampness or any other cause whatsoever, except that which is solely to the extent caused by, or solely the result of: (i) the grossly negligent acts of such Landlord Indemnified Party, (ii) the willful misconduct of such Landlord Indemnified Party, (iii) the breach by Landlord of any of its obligations hereunder, or (iiiiv) any latent defect in the Premises, the Building Building, the Parking Areas or any other portion of the Project that is not promptly remedied by Landlord following Landlord’s 's receipt of notice thereof. Tenant shall immediately give Notice to Landlord in case of the occurrence of any fire or accidents in or about the Premises, the Building Building, the Parking Areas or any other portion of the Project, or the discovery of any defects therein (including, without limitation, any latent defect in the Premises) or in any fixtures or equipment that are the property of Landlord, Tenant or any other tenant or occupant of premises in the Project. Without limiting the foregoing, Tenant acknowledges that safety and access control devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or access control device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in Article 22. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law.

Appears in 1 contract

Samples: Office Building Lease (Signal Genetics, Inc.)

Damage to Tenant's Property. Notwithstanding the provisions of Article 20 or anything in this Lease to the contrary in this Leasecontrary, no Landlord Indemnified Party or its agents shall not be liable for: for any damage to Tenant's property which is caused by the following: (a) loss Any damage to any property entrusted to employees of the Landlord; (b) Loss or damage to any property by theft or any other cause whatsoever, otherwise unless caused by Landlord's or Landlord's employees' negligence or willful misconduct and not covered by Tenant's insurance; (bc) any Any injury or damage to persons property resulting from fire, storms, earthquakes, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or the Project or from the pipes, appliances or plumbing work therein or from the roof, street or sub-surface or from any other place or resulting from dampness unless caused by Landlord's or any other cause whatsoever, except that which is solely caused by, Landlord's employees' negligence or solely the result of: (i) the grossly negligent acts of such Landlord Indemnified Party, (ii) the willful misconduct of such and not covered by Tenant's insurance; and (d) Landlord Indemnified Partyor its agents shall not be liable for interference with light or other incorporeal hereditaments, or (iii) nor shall Landlord be liable for any latent defect in the Premises, Premises or in the Building; provided that nothing in this Section 13(d) shall release Landlord from its duties under this Lease to repair any latent defects in the Premises or Building or any other portion within a reasonable time after receiving notice of the Project that is not promptly remedied by Landlord following Landlord’s receipt of notice thereofsuch defects. Tenant shall immediately give Notice prompt notice to Landlord in case of the occurrence of any fire or accidents in the Premises or about the Premises, in the Building or any other portion of the Project, or the discovery of any defects therein (including, without limitation, any latent defect or in the Premises) or in any fixtures or equipment that are the property of Landlord, Tenant or any other tenant or occupant of premises in the Projectequipment. Without limiting the foregoing, Tenant acknowledges that safety and access control devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or access control device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in Article 22. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law.________________________________________________________________________________

Appears in 1 contract

Samples: Office Building Lease (Mercata Inc)

Damage to Tenant's Property. Notwithstanding the provisions of Article 20 or anything Paragraph 18 to the contrary in this Leasecontrary, no except to the extent caused by the gross negligence or willful misconduct of Landlord, its agents, employees or contractors, Landlord Indemnified Party or its agents shall not be liable for: for any damage to property entrusted to employees of the Building (a) except by reason of the gross negligence of such employees), nor for loss of or damage to any property by theft or any other cause whatsoeverotherwise, (b) nor for any injury or damage to persons or property resulting from fire, storms, earthquakes, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or the Project or from the pipes, appliances or plumbing work plumping works therein or from the roof, street or sub-surface or from any other place or resulting from dampness or any other patent or latent cause whatsoever. Landlord or its agents shall not be liable for interference with the light, except that which is solely caused byair, view or solely the result of: (i) the grossly negligent acts intangible characteristics or qualities of such Landlord Indemnified Party, (ii) the willful misconduct of such Landlord Indemnified Party, or (iii) any latent defect in the Premises, the Building or any other portion of the Project that is not promptly remedied by Landlord following Landlord’s receipt of notice thereof. Tenant shall immediately give Notice prompt notice to Landlord in case of the occurrence of any fire or accidents in the Premises or in the Building or of defects known to Tenant therein or in the fixtures or equipment located therein. Further, neither Landlord nor any partner, director, officer, agent, servant, member or employee of Landlord shall be liable: (i) for any such damage caused by other tenants or persons in, upon or about the Premises, the Building or any other portion of the ProjectBuilding, or caused by operations in the discovery construction of any defects therein private, public or quasi-public work (includingthe limitations of liability set forth in this clause (i) shall not apply to any damage or liability caused by the gross negligence or intentional misconduct of Landlord or its agents, without limitationemployees or contractors); or (ii) for consequential damages, any latent defect in the Premises) or in any fixtures or equipment that are the property including lost profits, of Landlord, Tenant or any other tenant person claiming through or occupant of premises in the Project. Without limiting the foregoing, Tenant acknowledges that safety and access control devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or access control device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to under Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in Article 22. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law.

Appears in 1 contract

Samples: Sublease (Organic Inc)

Damage to Tenant's Property. Notwithstanding the provisions of Article 20 or anything to the contrary in this Lease, no Landlord Indemnified Party shall be liable for: (a) for loss or damage to any property by theft or any other cause whatsoever, (b) any injury or damage to persons or property resulting from fire, storms, earthquakes, explosion, falling plaster, steam, gas, electricity, water electrical or electronic emanations or disturbance, water, rain which may leak or leaks from any part of the Building or the Project or from the pipes, appliances or plumbing work therein caused by dampness, vandalism, malicious mischief or from the roof, street or sub-surface or from any other place or resulting from dampness or by any other cause whatsoeverof whatever nature, except that which is solely unless caused by, by or solely due to the result of: (i) the grossly negligent acts of such Landlord Indemnified Party, (ii) the gross negligence or willful misconduct of such Landlord Indemnified Party. In no event shall any Landlord Indemnified Party be liable for any loss, the risk of which is covered by Tenant’s insurance or is required to be so covered by this Lease; nor shall any Landlord Indemnified Party be liable for any such damage caused by other persons in the Building or caused by operations in construction of any private, public, or (iii) quasi-public work; nor shall any Landlord Indemnified Party be liable for any latent defect in the Premises, Premises or in the Building or any other portion of the Project that is not promptly remedied by Landlord following Landlord’s receipt of notice thereofBuilding. Tenant shall immediately give Notice to Landlord in case of the occurrence of any fire or accidents in or about the Premises, the Building or any other portion of the ProjectProject of which Tenant has actual knowledge, or the discovery of any defects therein (including, without limitation, any latent defect in the Premises) or in any fixtures or equipment that are the property of Landlord, Tenant Landlord or any other tenant or occupant of premises in the ProjectTenant. Without limiting the foregoing, Tenant acknowledges that safety and access control devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The Landlord shall not be liable for injuries or losses caused by criminal acts of third parties, and the risk that any safety or access control device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in Article 22. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law.

Appears in 1 contract

Samples: Lease Agreement (Anaptysbio, Inc)

Damage to Tenant's Property. Notwithstanding the provisions of Article 20 Section 19 or anything to the contrary in this Lease, no neither Landlord nor any Landlord Indemnified Party shall be liable for: for (a) loss or damage to any property by theft or any other cause whatsoever, (b) any injury or damage to persons resulting from fire, earthquake, storms, earthquakes, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building Building, the Parking Facilities or the Project or from the pipes, appliances or plumbing work therein or from the roof, street or sub-surface or from any other place or resulting from dampness or any other cause whatsoever, except that which is solely caused by, or solely the result of: (i) the grossly negligent acts of such Landlord Indemnified PartyLandlord, (ii) the willful misconduct of such Landlord Indemnified PartyLandlord, or (iii) a default by Landlord due to its failure to perform Landlord’s obligations under the Lease, (c) interference with light or other incorporeal hereditaments, or (d) except for Landlord’s Work, any latent defect in the Premises, the Building Building, the Parking Facilities or any other portion of the Project that is not promptly remedied by Landlord following Landlord’s receipt of notice thereofProject. Tenant shall immediately give Notice to Landlord in case of the occurrence of any fire or accidents in or about the Premises, the Building Building, the Parking Facilities or any other portion of the Project, or the discovery of any defects therein (including, without limitation, any latent defect in the Premises) or in any fixtures or equipment that are the property of Landlord, Tenant or any other tenant or occupant of premises in the Project. Without limiting the foregoing, Tenant acknowledges that any safety and access control devices, services and programs security devices which may be provided by Landlord, if any, while intended to deter crime and ensure safety, Landlord may not in given instances prevent theft or other criminal acts, acts or ensure the safety of persons or property. The risk that any safety or access control device, service or program security device may not be effective, may malfunction or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in Article 22. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law.

Appears in 1 contract

Samples: Office Building Lease (GLAUKOS Corp)

AutoNDA by SimpleDocs

Damage to Tenant's Property. Notwithstanding the provisions of Article 20 or anything Section 9.4 to the contrary in this Leasecontrary, no Landlord Indemnified Party shall not be liable forfor injury or damage which may be sustained by the person, goods, wares, merchandise, or other property of Tenant, of Tenant’s employees, invitees, customers, or of any other person in or about the Premises or the Building caused by or resulting from any peril which may affect the Premises or Building, including fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises or Building, or from the breakage, leakage, obstruction, or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, or lighting fixtures of the Premises or Building, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Building or from other sources except if such injury or damage is caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, contractors, employees, servants, tenants or concessionaires. Landlord and its agents shall not be liable for any damages arising from any act or neglect of: (a) any other tenant of the Building; or (b) any officer, employee, agent, representative, customer, business visitor, or invitee of any such tenant. Landlord and its agents shall further not be liable for (i) damage to any property entrusted by Tenant to employees of the Building or Project; (ii) loss or damage to any property by theft or any other cause whatsoever, otherwise; or (biii) any injury or damage to persons or property resulting from firecriminal activity (even though Landlord may provide security services). Landlord or its agents shall not be liable for interference with light, stormsview, earthquakessight or other incorporeal hereditaments, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or the Project or from the pipes, appliances or plumbing work therein or from the roof, street or sub-surface or from any other place or resulting from dampness or any other cause whatsoever, except that which is solely caused by, or solely the result of: (i) the grossly negligent acts of such nor shall Landlord Indemnified Party, (ii) the willful misconduct of such Landlord Indemnified Party, or (iii) be liable for any latent defect in the Premises, Premises or in the Building or any other portion of the Project that is not promptly remedied by Landlord following Landlord’s receipt of notice thereofBuilding. Tenant shall immediately give Notice prompt notice to Landlord in case of the occurrence of any fire or accidents in the Premises or about the Premises, in the Building or any other portion and of the Project, or the discovery of any defects therein (including, without limitation, any latent defect or in the Premises) or in any fixtures or equipment that are the property of Landlord, Tenant or any other tenant or occupant of premises in the Project. Without limiting the foregoing, Tenant acknowledges that safety and access control devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or access control device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in Article 22. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Lawequipment.

Appears in 1 contract

Samples: Office Lease (Active Network Inc)

Damage to Tenant's Property. Notwithstanding the provisions of Article 20 or anything Paragraph 18 to the contrary in this Leasecontrary, no Landlord Indemnified Party and each of the Landlord Parties shall not be liable for: (a) for any damage to property entrusted to employees of the Building, nor for loss of or damage to any property by theft or any other cause whatsoeverotherwise, (b) nor for any injury or damage to persons or property resulting from fire, storms, earthquakes, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or (including, but not limited to, the Project Premises) or from the pipes, appliances or plumbing work works therein or from the roof, street or sub-surface or from any other place or resulting from dampness or any other patent or latent cause whatsoever, except that which is solely caused by, to the extent arising from the negligence or solely the result of: (i) the grossly negligent acts of such Landlord Indemnified Party, (ii) the willful misconduct of such Landlord Indemnified Partyor the Landlord Parties. Landlord and each of the Landlord Parties shall not be liable for interference with the light, air or (iii) any latent defect in view of the Premises, the Building or any other portion of the Project that is not promptly remedied by Landlord following Landlord’s receipt of notice thereof. Tenant shall immediately give Notice prompt notice to Landlord in case of the occurrence of any fire or accidents in the Premises or in the Building or of defects known to Tenant therein or in the fixtures or equipment located therein. Notwithstanding any provision of Paragraph 18 to the contrary, neither Landlord nor any partner, director, officer, member, agent, servant or employee of Landlord shall be liable: (i) for any such damage caused by other tenants or persons in, upon or about the PremisesBuilding, or caused by operations in the Building construction of any private, public or quasi-public work (the limitations of liability set forth in this clause (i) shall not apply to any damage or liability caused by the negligence or intentional misconduct of Landlord or any other portion Landlord Parties); or (ii) for consequential damages, including lost profits, of the Project, or the discovery of any defects therein (including, without limitation, any latent defect in the Premises) or in any fixtures or equipment that are the property of Landlord, Tenant or any other tenant person claiming through or occupant of premises in the Project. Without limiting the foregoing, Tenant acknowledges that safety and access control devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or access control device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to under Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in Article 22. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law.

Appears in 1 contract

Samples: Office Lease (Current Media, Inc.)

Damage to Tenant's Property. Notwithstanding the provisions of Article 20 or anything to the contrary in this Lease, no Landlord Indemnified Party shall be liable for: (a) loss or damage to any property by theft or any other cause whatsoever, (b) any injury or damage to persons resulting from fire, storms, earthquakes, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building Buildings or the Project or from the pipes, appliances or plumbing work therein or from the roof, street or sub-surface or from any other place or resulting from dampness or any other cause whatsoever, except that which is solely caused by, or solely the result of: (i) the grossly negligent acts of such Landlord Indemnified Party, (ii) the willful misconduct of such Landlord Indemnified Party, or (iii) any latent defect in the Premises, the Building Buildings or any other portion of the Project that is not promptly remedied by Landlord following Landlord’s Xxxxxxxx's receipt of notice thereof. Tenant shall immediately give Notice to Landlord in case of the occurrence of any fire or accidents in or about the Premises, the Building Buildings or any other portion of the Project, or the discovery of any defects therein (including, without limitation, any latent defect in the Premises) or in any fixtures or equipment that are the property of Landlord, Tenant or any other tenant or occupant of premises in the Project. Without limiting the foregoing, Tenant acknowledges that safety and access control devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or access control device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses, as further described in Article 22. Tenant Xxxxxx agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law.

Appears in 1 contract

Samples: Lease Agreement (Maravai Lifesciences Holdings, Inc.)

Damage to Tenant's Property. Notwithstanding the provisions of Article 20 or anything to the contrary in this Lease, no Landlord Indemnified Party shall be liable for: (a) loss or damage to any property by theft or any other cause whatsoever, (b) any injury or damage to persons resulting from fire, storms, earthquakes, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or the Project or from the pipes, appliances or plumbing work therein or from the roof, street or sub-surface or from any other place or resulting from dampness or any other cause whatsoever, except that which is solely (with respect to both (a) and (b) above) to the extent caused by, by or solely the result ofresulting from: (i) the grossly negligent acts of such Landlord Indemnified Party, (ii) the willful misconduct of such Landlord Indemnified Party, or (iii) any latent defect in the Premises, the Building or any other portion of the Project that is not promptly remedied by Landlord following Landlord’s 's receipt of notice thereof. Tenant shall immediately give Notice to Landlord in case of the occurrence of any fire or accidents in or about the Premises, the Building or any other portion of the Project, or the discovery of any defects therein (including, without limitation, any latent defect in the Premises) or in any fixtures or equipment that are the property of Landlord, Tenant or any other tenant or occupant of premises in the Project, upon Tenant obtaining knowledge thereof. Without limiting the foregoing, Tenant acknowledges that safety and access control devices, services and programs provided by Landlord, if any, while intended to deter crime and ensure safety, may not in given instances prevent theft or other criminal acts, or ensure safety of persons or property. The risk that any safety or access control device, service or program may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall is advised that it may obtain insurance coverage to the extent Tenant desires additional protection against such criminal acts and other losses, as further described in Article 22. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law.

Appears in 1 contract

Samples: Lease Agreement (Cytori Therapeutics, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!