Exclusion of Landlord’s liability. 5.39.1 All chattels, equipment or property in the Premises are there at the sole risk of the Tenant.
5.39.2 The Landlord, its servants and agents are not liable for any loss, damage, action, proceeding, cost, claim or demand that the Tenant or the Tenant’s employees or any person claiming by, through or under the Tenant may incur or make or which arises from:
(a) any defect in the construction or state of repair of the Building, the Common Parts, the Premises or any part of it or the Landlord’s fixtures;
(b) any defect, interruption or fluctuation in any Service Media or water, air conditioning or other sources of energy or fuel;
(c) any obstruction of an easement or right granted by this Lease; or
(d) from any other cause, except to the extent caused by the negligence of the Landlord or its servants or agents.
5.39.3 The Tenant releases the Landlord and its servants and agents from liability in respect of any:
(a) loss, damage, action, proceeding, cost, claim or demand relating to any chattels, equipment or property of the Tenant or any other person in the Premises or any part of them; and
(b) damage or injury to any person or chattels, equipment or property in the Premises or on any land near the Premises, except to the extent that the action, proceeding, cost, claim or demand, loss, damage or injury is caused by the negligence of the Landlord or its servants or agents.
Exclusion of Landlord’s liability. The Landlord shall in no event whatsoever be liable or responsible in any way for personal injury to or death of the Tenant, or any employee of the Tenant, or any person who may be upon the premises or in the building, or for loss or damage or injury to any property belonging to the Tenant, its employees or any other person while such person is on the premises or in thew building, and in particular, but not limiting the generality of the foregoing, the Landlord shall not be liable for any damage to any such property caused by water, rain or snow which may leak into, issue or flow from any part of the building, or from water, sprinkler or drainage pipes or plumbing works of the building or from any other place or quarter or for any damage caused by or attributable to the condition or arrangement of any electrical or other wiring or for any damage caused by anything done or omitted to be done by any Tenant of the Landlord.
Exclusion of Landlord’s liability. The Landlord shall not, in any circumstances, incur any liability for any failure or interruption in any of the services provided by the Landlord or for any inconvenience or injury to person or property arising from such failure or interruption due to mechanical breakdown, failure or malfunction, overhauling, maintenance, repair or replacement, strikes, labour disputes shortages of labour or materials, inclement weather or any cause or circumstance beyond the control of the Landlord but the Landlord shall use its reasonable commercial endeavours to cause the service in question to be reinstated with the minimum of delay.
Exclusion of Landlord’s liability. (a) All property on the Premises is there at the sole risk of the Tenant.
(b) The Landlord, its servants and agents are not liable for any Claim that the Tenant or the Tenant’s Employees or any person claiming by, through or under the Tenant may incur or make or which arises from:
(i) any fault in the construction or state of repair of the Premises or any part of it or the Landlord’s Fixtures;
(ii) any defect in any Service or any Appurtenance; or
(iii) water, air conditioning or other sources of energy or fuel, or from any other cause except to the extent caused by the negligence or omission of the Landlord or its servants or agents.
(c) The Tenant releases the Landlord and its servants and agents from liability in respect of any:
(i) Claim relating to any property of the Tenant or any other person on the Premises, the Estate or any part of them; and
(ii) damage or injury to any person or property on the Premises or on any land in the Estate, except to the extent that the Claim, damage or injury is caused by the negligence or omission of the Landlord or its servants or agents.
Exclusion of Landlord’s liability. Save where loss or damage (excluding special, indirect and consequential damages) has been suffered by the Tenant directly due to the gross negligence or wilful default on the part of the Landlord to maintain the Station (if the Landlord owns the whole Station) or such part(s) thereof where the Demised Premises are located (if the Landlord does not own the whole Station), notwithstanding anything herein contained, the Landlord, its officers, servants, employees or agents shall not be liable or in any way responsible to the Tenant nor shall the Tenant have any claim against the Landlord in respect of:
Exclusion of Landlord’s liability. (a) In the absence of any negligence or deliberate act or omission or material breach of this Lease by the Landlord or the Landlord’s Agents, the Tenant acknowledges that all property which may be in or on the Premises will be at the sole risk of the Tenant and the Landlord will not be liable for any Claim that the Tenant or the Tenant’s Agents or any Person claiming by, through or under the Tenant may incur or make or any which arises from:
(i) any fault in the construction or state of repair of the Premises or any part of it; or
(ii) the collapse of the Premises irrespective of the cause; or
(iii) any defect in any Services; or
(iv) the flow, overflow, leakage, condensation or breakdown of any water, air- conditioning, gas, oil or other sources of energy or fuel, whether from the roof, walls, gutter, downpipes or other parts of the Premises.
(b) In the absence of any negligence or deliberate act or omission or material breach of this Lease by the Landlord or the Landlord’s Agents, the Tenant agrees that the Landlord will not be responsible for and releases the Landlord and the Landlord’s Agents from liability in respect of any:
(i) Claim relating to any property of the Tenant or any other Person in or on the Premises or any part of it however occurring; or
(ii) death, damage or injury to any Person or property in on or under the Premises or on any land near it suffered as a direct consequence of the construction, operation, presence or maintenance of the Premises and including, without limitation, damage or injury to any person or property resulting from any collision with or the collapse of the Premises.
Exclusion of Landlord’s liability. The Tenant occupies the Premises and uses the Building and the Land at its own risk.
Exclusion of Landlord’s liability. Notwithstanding anything in any other provision herein contained the Landlord shall not be liable to the Tenant nor shall the Tenant have any claim against the Landlord in respect of:
3.1 any failure or interruption in any of the Services by reason of the inspection repair maintenance or replacement thereof or of any plant machinery equipment installations or apparatus used in connection therewith or damage thereto or destruction thereof by any risk (whether or not an Insured Risk) or by reason of electrical mechanical or other defect or breakdown or frost or other inclement conditions or shortage of fuel materials supplies or labour or whole or partial failure or stoppage of any mains supply or any other circumstances beyond the reasonable control of the Landlord or
3.2 any negligent act omission or unauthorised act of any person undertaking the Services or any of them
Exclusion of Landlord’s liability. The Landlord shall not incur any liability:
(a) for any injury or death of any person (save where caused by the Landlord’s or its Authorised Person’s negligence); or
(b) for any inconvenience or any damage to property arising through necessary maintenance, servicing, repair, replacement or other works provided that the Landlord shall, so far as is possible in the circumstances and where the inconvenience or damage is being caused by the Landlord or an Authorised Person of the Landlord, use reasonable endeavours to minimise any inconvenience to the Tenant and damage to property;
(c) for any Extraneous Circumstances; or
(d) for any failure to register at the Land Registry any Registration Event.
Exclusion of Landlord’s liability. Not to hold the Landlord liable or responsible in any way to the Tenant or to any other person whomsoever in respect of any injury damage or loss of business or other liability whatsoever which may be suffered by the Tenant or by any other person or any property howsoever caused and in particular, but without limitation, caused by or through or in any way owing to:
(i) any defect in or failure or need for repair or overhaul of the supply of electricity, gas, water, telephone, air conditioning, lifts or other services whatsoever or any surge reduction variation interruption or termination in the supply of such services;
(ii) any typhoon, landslide, subsidence of the ground, escape of fire, smoke, fumes or other substance or thing from anywhere within the said Building, any seepage, overflow or leakage of water from any pipes, drains or fire services system or anywhere within the said building or the influx of rain water or sea water into the said Premises or the said Building or any escape of electric current from electric wirings cables or ducts situate upon or in any way connected with the said Building or any part or parts thereof or dropping or falling of any article object or material whatsoever including cigarette ends, glass or tiles from anywhere within the said Building, or vibrations from an floor office or premises in the said Building or in the adjoining or neighboring building.
(iii) any defective or damaged condition of the said Premises or any part or parts thereof or the Landlord's fixtures and fittings therein;
(iv) any misconduct negligence or breach of duties on the part of the Manager;
(v) any act, neglect or default of the Tenant or to other tenants and occupiers or any of their servants, employees, agents, invitees, licensees or customers of the other parts of the said Building or the adjoining or neighboring building;
(vi) any failure or breakage of glass or plate glass of or in the said Premises or the said Building.
