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

Damage to Tenant's Property. Notwithstanding the provisions of Paragraph 19 to the 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, Landlord and each of the Landlord Parties shall not be liable for any damage to property entrusted to employees of the Building, or for loss of or damage to any property by theft or otherwise, or 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 (including, but not limited to, the Premises) or from the pipes, appliances or plumbing 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, 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 would materially interfere with the light, air, the view available at the Premises, unless such construction is required by applicable law. Tenant shall give prompt notice to Landlord in case of 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 Building, or caused by operations in the 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 (to the extent not covered by liability insurance carried by Tenant pursuant to this Lease) or intentional misconduct of Landlord Parties); and (ii) neither party hereto shall be liable to the other for 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 described in Paragraph 11 above).

Damage to Tenant's Property. Notwithstanding the provisions of Paragraph 19 Article 20 or anything to the 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 contrary in this Lease, no Landlord and each of the Landlord Parties Indemnified Party shall not be liable for any damage to property entrusted to employees of the Building, or for for: (a) loss of or damage to any property by theft or otherwiseany other cause whatsoever, or for (b) 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 (including, but not limited to, or the Premises) Project or from the pipes, appliances or plumbing works work 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, or solely the result of: (i) the grossly negligent acts of such Landlord and each Indemnified Party, (ii) the willful misconduct of the such Landlord Parties shall not be liable for interference with the lightIndemnified Party, air, view or intangible characteristics or qualities of the Premises; provided, however, that Landlord agrees not to voluntarily construct (iii) any improvements or other structures which would materially interfere with the light, air, the view available at latent defect in the Premises, unless such construction the Building or any other portion of the Project that is required not promptly remedied by applicable lawLandlord following Landlord’s receipt of notice thereof. Tenant shall immediately give prompt notice Notice to Landlord in case of the occurrence of any fire or accidents in or about the Premises or in Premises, the Building or any other portion of the Project, or the discovery of any defects known to Tenant therein (including, without limitation, any latent defect in the Premises) or in the any fixtures or equipment located thereinthat are the property of Landlord, Tenant or any other tenant or occupant of premises in the Project. Notwithstanding any provision of Paragraph 19 Without limiting the foregoing, Tenant acknowledges that safety and access control devices, services and programs provided by Landlord, if any, while intended to the contrarydeter crime and ensure safety, (i) neither Landlord nor any partner, director, officer, member, agent, servant may not in given instances prevent theft or employee of Landlord shall be liable: for any such damage caused by other tenants or persons in, upon or about the Buildingcriminal acts, or caused 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 operations in the construction of any privatea criminal, public or quasi-public work (the limitations of liability set forth in this clause (i) is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall not apply to any damage or liability caused by the negligence (obtain insurance coverage to the extent not covered by liability insurance carried by Tenant pursuant to this Lease) or intentional misconduct of Landlord Parties); desires protection against such criminal acts and (ii) neither party hereto shall be liable to the other for 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 liabilitylosses, as further described in Paragraph 11 above)Article 22. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law.

Damage to Tenant's Property. Notwithstanding the provisions of Paragraph 19 18 to the 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, Landlord and each of the Landlord Parties shall not be liable for any damage to property entrusted to employees of the Building, or nor for loss of or damage to any property by theft or otherwise, or 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 (including, but not limited to, the Premises) or from the pipes, appliances or plumbing 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 to the extent arising from the negligence or willful misconduct of Landlord or the Landlord Parties. Landlord and each of the Landlord Parties shall not be liable for interference with the light, air, air or view or intangible characteristics or qualities of the Premises; provided, however, that Landlord agrees not to voluntarily construct any improvements or other structures which would materially interfere with the light, air, the view available at the Premises, unless such construction is required by applicable law. Tenant shall give prompt notice to Landlord in case of 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 18 to the contrary, (i) 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 Building, or caused by operations in the 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 (to the extent not covered by liability insurance carried by Tenant pursuant to this Lease) or intentional misconduct of Landlord or any Landlord Parties); and or (ii) neither party hereto shall be liable to the other for consequential damages, including lost profits, of the other party Tenant or any person claiming through or under the other party (except, in the case of Tenant’s liability, as described in Paragraph 11 above).

Damage to Tenant's Property. Notwithstanding the provisions of Paragraph 19 Article 20 or anything to the 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 contrary in this Lease, no Landlord and each of the Landlord Parties Indemnified Party shall not be liable for any damage to property entrusted to employees of the Building, or for for: (a) loss of or damage to any property by theft or otherwiseany other cause whatsoever, or for (b) 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 (including, but not limited to, Buildings or the Premises) Project or from the pipes, appliances or plumbing works work 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, or solely the result of: (i) the grossly negligent acts of such Landlord and each Indemnified Party, (ii) the willful misconduct of the such Landlord Parties shall not be liable for interference with the lightIndemnified Party, air, view or intangible characteristics or qualities of the Premises; provided, however, that Landlord agrees not to voluntarily construct (iii) any improvements or other structures which would materially interfere with the light, air, the view available at latent defect in the Premises, unless such construction the Buildings or any other portion of the Project that is required not promptly remedied by applicable lawLandlord following Xxxxxxxx's receipt of notice thereof. Tenant shall immediately give prompt notice Notice to Landlord in case of the occurrence of any fire or accidents in or about the Premises Premises, the 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 the Building or of defects known to Tenant therein or in the any fixtures or equipment located thereinthat are the property of Landlord, Tenant or any other tenant or occupant of premises in the Project. Notwithstanding any provision of Paragraph 19 Without limiting the foregoing, Tenant acknowledges that safety and access control devices, services and programs provided by Landlord, if any, while intended to the contrarydeter crime and ensure safety, (i) neither Landlord nor any partner, director, officer, member, agent, servant may not in given instances prevent theft or employee of Landlord shall be liable: for any such damage caused by other tenants or persons in, upon or about the Buildingcriminal acts, or caused 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 operations in the construction of any privatea criminal, public or quasi-public work (the limitations of liability set forth in this clause (i) is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall not apply to any damage or liability caused by the negligence (obtain insurance coverage to the extent not covered by liability insurance carried by Tenant pursuant to this Lease) or intentional misconduct of Landlord Parties); desires protection against such criminal acts and (ii) neither party hereto shall be liable to the other for 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 liabilitylosses, as further described in Paragraph 11 above)Article 22. Xxxxxx agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law.

Damage to Tenant's Property. Notwithstanding the provisions of Paragraph 19 Article 20 or anything to the 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 contrary in this Lease, no Landlord and each of the Landlord Parties Indemnified Party shall not be liable for any damage to property entrusted to employees of the Building, or for loss of or damage to any property by theft or otherwiseany other cause whatsoever, or for any injury or damage to persons or property resulting from fire, 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 (including, but not limited to, the Premises) or from the pipes, appliances or plumbing works therein caused by dampness, vandalism, malicious mischief or from the roof, street or sub-surface or from by any other place cause of whatever nature, unless caused by or resulting from dampness due to the gross negligence or willful misconduct of such Landlord Indemnified Party. In no event shall any other patent or latent cause whatsoever. Landlord and each of the Landlord Parties shall not Indemnified Party be liable for interference with the light, 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 would materially interfere with the light, airloss, the view available at the Premises, unless such construction risk of which is covered by Tenant’s insurance or is required to be so covered by applicable law. Tenant this Lease; nor shall give prompt notice to any Landlord in case of 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 Indemnified Party be liable: liable for any such damage caused by other tenants or persons in, upon or about in the Building, Building or caused by operations in the construction of any private, public public, or quasi-public work work; nor shall any Landlord Indemnified Party be liable for any latent defect in the Premises or in the Building. 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 of which Tenant has actual knowledge, or the discovery of any defects therein (including, without limitation, any latent defect in the limitations Premises) or in any fixtures or equipment that are the property of liability set forth Landlord or Tenant. 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 this clause (i) given instances prevent theft or other criminal acts, or ensure safety of persons or property. Landlord shall not apply to any damage be liable for injuries or liability losses caused by criminal acts of third parties, and the negligence (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 not covered by liability insurance carried by Tenant pursuant to this Lease) or intentional misconduct of Landlord Parties); desires protection against such criminal acts and (ii) neither party hereto shall be liable to the other for 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 liabilitylosses, as further described in Paragraph 11 above)Article 22. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law.

Damage to Tenant's Property. Notwithstanding the provisions of Paragraph 19 Article 20 or anything to the 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 contrary in this Lease, no Landlord and each of the Landlord Parties Indemnified Party shall not be liable for any damage to property entrusted to employees of the Building, or for for: (a) loss of or damage to any property by theft or otherwiseany other cause whatsoever, or for (b) 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 (including, but not limited to, or the Premises) Project or from the pipes, appliances or plumbing works work 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 (with respect to both (a) and (b) above) to the extent caused by or resulting from: (i) the grossly negligent acts of such Landlord and each Indemnified Party, (ii) the willful misconduct of the such Landlord Parties shall not be liable for interference with the lightIndemnified Party, air, view or intangible characteristics or qualities of the Premises; provided, however, that Landlord agrees not to voluntarily construct (iii) any improvements or other structures which would materially interfere with the light, air, the view available at latent defect in the Premises, unless such construction the Building or any other portion of the Project that is required not promptly remedied by applicable lawLandlord following Landlord's receipt of notice thereof. Tenant shall immediately give prompt notice Notice to Landlord in case of the occurrence of any fire or accidents in or about the Premises or in Premises, the Building or any other portion of the Project, or the discovery of any defects known to Tenant therein (including, without limitation, any latent defect in the Premises) or in the any fixtures or equipment located therein. Notwithstanding that are the property of Landlord, Tenant or any provision other tenant or occupant of Paragraph 19 to premises in 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 inProject, 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 about the Buildingother criminal acts, or caused 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 operations in the construction of any privatea criminal, public or quasi-public work (the limitations of liability set forth in this clause (i) shall not apply is assumed by Tenant with respect to any damage or liability caused by the negligence (Tenant’s property and interests, and Tenant is advised that it may obtain insurance coverage to the extent not covered by liability insurance carried by Tenant pursuant to this Lease) or intentional misconduct of Landlord Parties); desires additional protection against such criminal acts and (ii) neither party hereto shall be liable to the other for 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 liabilitylosses, as further described in Paragraph 11 above)Article 22. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law.

Damage to Tenant's Property. Notwithstanding the provisions of Paragraph Section 19 or anything to the 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 contrary in this Lease, neither Landlord and each of the nor any Landlord Parties Indemnified Party shall not be liable for any damage to property entrusted to employees of the Building, or for (a) loss of or damage to any property by theft or otherwiseany other cause whatsoever, or for (b) any injury or damage to persons or property resulting from fire, earthquake, storms, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building (including, but not limited toBuilding, the Premises) Parking Facilities or the Project or from the pipes, appliances or plumbing works work 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 caused by, or the result of: (i) the grossly negligent acts of Landlord, (ii) the willful misconduct of Landlord, or (iii) a default by Landlord and each of due to its failure to perform Landlord’s obligations under the Landlord Parties shall not be liable for Lease, (c) interference with the light, air, view or intangible characteristics or qualities of the Premises; provided, however, that Landlord agrees not to voluntarily construct any improvements light or other structures which would materially interfere with the lightincorporeal hereditaments, airor (d) except for Landlord’s Work, the view available at any latent defect in the Premises, unless such construction is required by applicable lawthe Building, the Parking Facilities or any other portion of the Project. Tenant shall immediately give prompt notice Notice to Landlord in case of fire or accidents in or about the Premises Premises, the Building, the Parking Facilities or in any other portion of the Building Project, or of defects known to Tenant therein or in the any fixtures or equipment located therein. Notwithstanding that are the property of Landlord, Tenant or any provision other tenant or occupant 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 Building, or caused by operations premises in the construction Project. Tenant acknowledges that any safety and security devices which may be provided by Landlord may not prevent theft or other criminal acts or ensure the safety of persons or property. The risk that any privatesafety or security device may not be effective, public may malfunction or quasi-public work (the limitations of liability set forth in this clause (i) shall not apply to any damage or liability caused may be circumvented is assumed by the negligence (to the extent not covered by liability insurance carried by Tenant pursuant to this Lease) or intentional misconduct of Landlord Parties); and (ii) neither party hereto shall be liable to the other for 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 described in Paragraph 11 above).

Damage to Tenant's Property. Notwithstanding the provisions of Paragraph 19 Article 20 or anything to the 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 contrary in this Lease, no Landlord and each of the Landlord Parties Indemnified Party shall not be liable for any damage to property entrusted to employees of the Building, or for for: (a) loss of or damage to any property by theft or otherwiseany other cause whatsoever, or for (b) 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 (including, but not limited toBuilding, the Premises) Parking Areas or the Project or from the pipes, appliances or plumbing works work 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 to the extent caused by: (i) the grossly negligent acts of such Landlord and each Indemnified Party, (ii) the willful misconduct of such Landlord Indemnified Party, (iii) the breach by Landlord Parties shall not be liable for interference with the lightof any of its obligations hereunder, air, view or intangible characteristics or qualities of the Premises; provided, however, that Landlord agrees not to voluntarily construct (iv) any improvements or other structures which would materially interfere with the light, air, the view available at latent defect in the Premises, unless such construction the Building, the Parking Areas or any other portion of the Project that is required not promptly remedied by applicable lawLandlord following Landlord's receipt of notice thereof. Tenant shall immediately give prompt notice Notice to Landlord in case of the occurrence of any fire or accidents in or about the Premises Premises, the 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 the Building or of defects known to Tenant therein or in the any fixtures or equipment located thereinthat are the property of Landlord, Tenant or any other tenant or occupant of premises in the Project. Notwithstanding any provision of Paragraph 19 Without limiting the foregoing, Tenant acknowledges that safety and access control devices, services and programs provided by Landlord, if any, while intended to the contrarydeter crime and ensure safety, (i) neither Landlord nor any partner, director, officer, member, agent, servant may not in given instances prevent theft or employee of Landlord shall be liable: for any such damage caused by other tenants or persons in, upon or about the Buildingcriminal acts, or caused 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 operations in the construction of any privatea criminal, public or quasi-public work (the limitations of liability set forth in this clause (i) is assumed by Tenant with respect to Tenant’s property and interests, and Tenant shall not apply to any damage or liability caused by the negligence (obtain insurance coverage to the extent not covered by liability insurance carried by Tenant pursuant to this Lease) or intentional misconduct of Landlord Parties); desires protection against such criminal acts and (ii) neither party hereto shall be liable to the other for 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 liabilitylosses, as further described in Paragraph 11 above)Article 22. Tenant agrees to cooperate in any reasonable safety or security program developed by Landlord or required by Law.