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. (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. 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. 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. The Landlord shall not incur any liability:
(a) for any inconvenience or any injury or death of any person or any damage to property arising through mechanical breakdown, failure or malfunction of any equipment, plant or machinery, strikes, labour disputes, shortages, malicious damage or terrorist activity; or
(b) for any other cause or circumstance beyond the reasonable control of the Landlord.
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. With respect to Demised Premises: The Landlord and/or the Mall Manager shall not in any way be liable howsoever to the Tenant or to any of the Tenant’s Authorised Persons or to others who may be permitted to enter or use the Demised Premises (including during the Fit Out and Stock Up Period, if any) for any happenings, accidents, death or injuries howsoever sustained by any of the aforesaid persons or any other persons or for any loss or damage howsoever caused (including break-in) to any properties, merchandise, furniture, fittings, fixtures or equipment whatsoever in the Demised Premises in respect of any one or more of the following occurrences in the absence of any fault negligence or omission of the Landlord:-
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. Subject to the Landlord complying with its obligations under this Lease and except to the extent of any loss and damage caused by the negligence of the Landlord or the Landlord’s Employees:
(a) all property on the Premises is there at the sole risk of the Tenant. This is not acceptable.
(b) The Tenant releases the Landlord and the Landlord’s Employees 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 of the Landlord or the Landlord’s Employees.
