Common use of EXEMPTION OF LANDLORD FROM LIABILITY; WAIVER Clause in Contracts

EXEMPTION OF LANDLORD FROM LIABILITY; WAIVER. Landlord shall not be liable for any damage or injury either directly, indirectly, incidental, special or consequential damages to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers or any other person in or about the Premises, whether such damage or injury is caused by or results from: (a) fire, steam electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, pluming, air conditioning or lighting fixture or any other case; electricity, telephone or Internet access or disruption to Tenant's business; (c) conditions arising in or about the Premises or upon other portions of any Building of which the Premises is a part, or from other sources or places; or (d) any act or omission of any other Tenant of which the Premises is a part. Landlord shall not be liable for any such damage or injury even though the cause of or the means or repairing such damage or injury are not accessible to Tenant. Tenant, as a material part of the consideration to be rendered to Landlord, hereby waives all claims against Landlord for the foregoing damages from any cause arising at any time. The provisions of this Section shall not, however, exempt Landlord from liability for Landlord's gross negligence or willful misconduct. It is recommended that Tenant maintain a back up modem in the event there is any interruption in Landlord's high speed internet access. Tenant acknowledges that there is no alarm system servicing the Premises or Building. Any security devices including camera, window, contacts are for different purposes and not to be relied upon by Tenant. Tenant shall not hold Landlord responsible or liable for absence of security. Landlord shall not be liable for any damages, theft of any vehicle on or near the Premises.

EXEMPTION OF LANDLORD FROM LIABILITY; WAIVER. Except to the extent of Landlord’s insurance coverage pursuant to Article 18 below and except to the extent Landlord has breached its obligations pursuant to this Lease and/or under applicable laws and/or regulations, Landlord shall not be liable for any damage or injury either directly, indirectly, incidental, special or consequential damages to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant's ’s employees, invitees, customers or any other person in or about the Premises, whether such damage or injury is caused by or results from: (a) fire, steam steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of defects, not caused by Landlord or Landlord’s failure to properly maintain pipes, sprinklers, wires, appliances, plumingappliances plumbing, air conditioning or lighting fixture or any other case; electricity, telephone or Internet access or disruption to Tenant's businessfixtures; (c) conditions arising in or about the Premises or upon other portions of any Building of which the Premises is a part, or from other sources or placesthat are not caused by Landlord; or (d) any act or omission of any other Tenant tenant or occupant of the Project or of any building of which the Premises is a part. Landlord shall not be liable for any such damage or injury even though the cause of or the means or repairing such damage or injury are not accessible to Tenant. Except as expressly limited above, Tenant, as a material part of the consideration to be rendered to Landlord, hereby waives all claims against Landlord for the foregoing damages from any cause arising at any timedamages. The provisions of this Section 10.2 shall not, however, exempt Landlord from liability for Landlord's ’s gross negligence or negligence, intentional misconduct, and/or willful misconduct. It is recommended Landlord represents and warrants that, as of the Commencement Date, Landlord has no knowledge, or reasonable cause to believe, that Tenant maintain a back up modem in the event there is any interruption condition in Landlord's high speed internet accessthe Project that is likely to cause such damages. Tenant acknowledges that there is no alarm system servicing the Premises or Building. Any security devices including camera, window, contacts are for different purposes and not to be relied upon by Tenant. Tenant shall not hold Landlord responsible or liable for absence of security. Landlord shall not be liable for any damages, theft of any vehicle on or near the Premises.Landmark National Bank Initials [ILLEGIBLE] Office Lease [ILLEGIBLE] 30182-00001 / 1798316.8 [Word] 1/7/03

EXEMPTION OF LANDLORD FROM LIABILITY; WAIVER. Landlord shall not be liable for any damage or injury either directly, indirectly, incidental, special or consequential damages to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers or any other person in or about the Premises, whether such damage or injury is caused by or results from: (a) fire, steam steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumingplumbing, air conditioning or lighting fixture fixtures or any other case; electricity, telephone or Internet access or disruption to Tenant's businesscause; (c) conditions arising in or about the Premises or upon other portions of any Building building of which the Premises is a part, or from other sources or places; or (d) any act or omission of any other Tenant tenant or occupant of the Shopping Center or of any building of which the Premises is a part. Landlord shall not be liable for any such damage or injury even though the cause of or the means or of repairing such damage or injury are not accessible to Tenant. Tenant, as a material part of the consideration to be rendered to Landlord, hereby waives all claims against Landlord for the foregoing damages from any cause arising at any time. The provisions of this Section 11.2 shall not, however, exempt Landlord from liability for Landlord's gross negligence or willful misconduct. It is recommended that Tenant maintain a back up modem in the event there is any interruption in Landlord's high speed internet access. Tenant acknowledges that there is no alarm system servicing the Premises or Building. Any security devices including camera, window, contacts are for different purposes and not to be relied upon by Tenant. Tenant shall not hold Landlord responsible or liable for absence of security. Landlord shall not be liable for any damages, theft of any vehicle on or near the Premises.

EXEMPTION OF LANDLORD FROM LIABILITY; WAIVER. Landlord shall not be liable for any damage or injury either directly, indirectly, incidental, special or consequential damages to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers or any other person in or about the Premises, whether such damage or injury is caused by or results from: from (a) fire, steam electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumingplumbing, air conditioning or lighting fixture or any other case; electricity, telephone or Internet access or disruption to Tenant's business; business (c) conditions arising in or about the Premises or upon other portions of any Building of which the Premises is a part, or from other sources or places; , or (d) any act or omission of any other Tenant of which the Premises is a part. Landlord shall not be liable for any such damage or injury even though the cause of or the means or repairing such damage or injury are not accessible to Tenant. Tenant, as a material part of the consideration to be rendered to Landlord, hereby waives all claims against Landlord for the foregoing damages from any cause arising at any time. The provisions of this Section shall not, however, exempt Landlord from liability for Landlord's gross negligence or willful misconduct. It is recommended that Tenant maintain a back up modem modern in the event there is any interruption in Landlord's high speed internet access. Tenant acknowledges that there is no alarm system servicing the Premises or Building. Any security devices including camera, window, contacts are for different purposes and not to be relied upon by Tenant. Tenant shall not hold Landlord responsible or liable for absence of security. security Landlord shall not be liable for any damages, theft of any vehicle on or near the Premises.