Common use of Exemption of Landlord from Liability Clause in Contracts

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury or damage to the person or the property of Tenant, Tenant’s employees, contractors, invitees, customers or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Tenant hereby agrees that Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for claim in connection with any injury to Tenant’s business or any loss of income, including without limitation from any damage to the person goods, wares, merchandise or the other property of Tenant, Tenant’s employees, contractorsrepresentatives, agents, invitees, customers or any other person in in, on or about the PremisesPremises or Building; nor shall Landlord be liable for injury to the person of Tenant, Building Tenant’s employees, representatives, agents, customers, or Industrial Center from invitees, whether any cause whatsoever, including, but not limited to, such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or water, rain, wind storm, tornado or hurricane or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) other electrical fixtures, or from any other cause, and whether the condition of said damage or injury results from conditions arising upon the PremisesPremises or any other cause, other portions of and whether the said damage or injury results from conditions arising upon the Premises or Building or Industrial Centerfrom other sources or places, and regardless of whether the cause of such injury or the means of repairing the same is inaccessible to Landlord or Tenant, unless such injury, loss of income or damage is caused by the Landlord’s gross negligence or intentional acts or omissions. Landlord shall not be liable for any damages arising from any act act, omission or neglect of any other tenant or occupant of Landlord nor the Building. Tenant hereby assumes all risk of damage to property or injury to persons in, on or about the Premises or the Building from any cause (except as may be otherwise provided for herein), and Tenant hereby waives all claims in respect thereof against Landlord, excepting where said damage arises out of the failure by Landlord to enforce the provisions negligence or intentional acts or omissions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASELandlord, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESand except where otherwise provided herein.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Tenant hereby agrees that Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury or damage to which may be sustained by the person person, goods, wares, merchandise or the property of Tenant, Tenant’s its employees, contractorsinvitees or customers, invitees, customers or by any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is Premises caused by or results resulting from (i) fire, steam, electricity, natural gas, water or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premisessame, whether the said damage or injury results from conditions arising upon the Premises or from other sources; provided, however, that notwithstanding the foregoing, Landlord shall not be relieved from liability with respect to such injury or damage resulting from Landlord's gross negligence or willful misconduct or arising from any Environmental Damages, other portions than such Environmental Damages caused by Tenant or any Tenant Party. The parties acknowledge and agree that except as provided in Section 17.4 of the Building or Industrial Center. this Lease, Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord Project, including such tenant’s employees, agents, vendors and invitees. Subject to any abatement of rent provided under this Lease and the right of Tenant to enforce the provisions express obligations of the Landlord hereunder or to terminate the Lease for Landlord’s breach thereof, Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises from any cause except to the extent as may be caused by (a) the gross negligence or willful misconduct of Landlord; or (b) any Environmental Damages, except to the extent such Environmental Damages are caused by Tenant or any Tenant Party, and, subject to any abatement of rent provided under this Lease and the right of Tenant to enforce the express obligations of the Landlord hereunder or to terminate the Lease for Landlord’s breach thereof, Tenant hereby waives all other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESclaims with respect thereto against Landlord.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) injury to Tenant’s business or loss of income therefrom or for injury damage which may be sustained by the persons, goods, wares, merchandise, or damage to the person or the property of Tenant, Tenant’s agents, employees, contractors, licensees, customers, or invitees, customers or any other person in or about the Premises, Building Leased Premises or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is the Project caused by or results resulting from (i) fire, steam, electricity, gas, water water, or rain, which may leak or flow from or into any part of the Leased Premises, or from the breakage, leakage, obstruction obstruction, or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, or lighting fixtures or (ii) from the condition of the Premisessame, other portions regardless of whether the Building cause of such damage or Industrial Centerinjury or the means of repairing the same is inaccessible to Tenant. Landlord shall not be liable for any damages arising from any act or neglect omission of any other tenant (if any) of the Project. Tenant acknowledges and agrees that the liability of Landlord nor (which for purposes of this Section shall include all partners, both general and limited, of any partnership, all members and managers of any limited liability company and the officers, directors and shareholders of any corporation or limited liability company) under this Lease shall be limited to its interest in the Project, and any judgments rendered against Landlord shall be satisfied solely out of the proceeds of sale of its interest in the Project. No member, manager, officer or partner of Landlord shall be named as a party in any suit or action (except as may be necessary to secure jurisdiction over Landlord) and no personal judgment shall lie against Landlord. Tenant agrees that the foregoing covenants and limitations shall be applicable to any obligation or liability of Landlord, whether expressly contained in this Lease or imposed by statute or at common law. The foregoing provisions are not intended to relieve Landlord from the failure by Landlord to enforce the provisions performance of any other lease of Landlord’s obligations under this Lease, but only to limit the personal liability of Landlord in case of recovery of a judgment against Landlord except to the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESextent of the Landlord’s intentional misconduct or gross negligence.

Exemption of Landlord from Liability. Upon the Effective DateTenant, Section 8.6 as a material part of the Lease consideration to Landlord, (i) hereby assumes all risk of damage to property including, but not limited to, Tenant's fixtures, equipment, furniture, improvements and alterations or injury to persons in, upon or about the Premises, the Building, the Common Facilities or other portions of the Project arising from any cause, and (ii) hereby expressly releases Landlord and waives all claims in respect thereof against Landlord and all other Landlord Indemnified Parties, except that clauses 9.5(i) and (ii) above will not apply with respect to damage or injury (a) caused by the negligence or willful or criminal misconduct of a Landlord Indemnified Party that is deleted and of a type not covered by the following substituted therefor: insurance maintained, or required to be maintained hereunder, by Tenant or (b) covered by Landlord's indemnity under Section 9.4.2 above. Tenant hereby agrees that neither Landlord Entities nor any other Indemnified Party shall not be liable for and injury to Tenant's business or any loss of income therefrom. Tenant waives further agrees that neither Landlord nor any claims against other Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) Indemnified Party shall be liable for injury or damage to the person or the property of Tenant, or injury to or death or illness of Tenant’s , Tenant's employees, contractors, invitees, customers customers, agents or contractors or any other person in or about the Premises, Building the Building, the Common Facilities or Industrial Center from the Project, except for any cause whatsoever, including, but not limited toloss, damage or injury which attributable in whole or in part to the act, omission or negligence of any Landlord Indemnified Party or the willful or criminal misconduct of such Landlord Indemnified Party that is of a type not covered by the insurance maintained, or required to be maintained hereunder, by Tenant, whether such damage, illness or injury is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction leakage or other defects of pipes, fire sprinklers, wires, appliances, plumbing, ventilation, air conditioning or lighting fixtures fixtures, or (ii) from the condition of any other cause, and whether such damage, illness or injury results from conditions arising upon the Premises, or from other portions sources or places, and regardless of whether the Building cause of such damage, illness or Industrial Centerinjury or the means of repairing the same is inaccessible to Tenant. Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant tenant, if any, of Landlord nor from the Building or the Project or Landlord's failure by Landlord to enforce the provisions terms of any agreements with parties other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESthan Tenant.

Exemption of Landlord from Liability. Upon Except to the Effective Dateextent caused by Landlord’s grossly negligent acts or willful misconduct, Section 8.6 of the Lease is deleted Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and the following substituted therefor: Landlord Entities shall not be liable for and Tenant waives for, any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for of the matters set forth in the preceding Paragraph or any of the following: injury to Tenant’s business, loss of income from such business, or damage or injury to the person goods, wares, merchandise, or other property or the property person of Tenant, Tenant’s employeesInvitees, contractors, invitees, customers or any other person in persons in, upon, or about the Premises, Building or Industrial Center from any cause whatsoeverwhether such damage, includingloss, but not limited to, damage or injury which is caused by or results from (i) criminal acts, fire, steam, electricity, gas, water or water, rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sewer lines, sprinklers, wires, appliances, plumbing, air air-conditioning or lighting fixtures fixtures, or (ii) from the condition of any other cause, conditions arising upon the Premises, or other portions sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. In connection with the foregoing, Tenant hereby waives any defense would otherwise be provided by Section 1542 of the Building California Civil Code (which states “A general release does not extend to claims which the creditor does not know or Industrial Centersuspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”), or laws of a similar nature, which would limit any such release to matters known or suspected to exist by Tenant. Landlord This Lease shall not be liable for affected or impaired by any damages arising from change to any act part of the Project or neglect of any other tenant of Landlord nor from sidewalks, streets or improvements nearby the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESProject.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Tenant hereby agrees that Landlord Entities shall not be liable for and injury to Tenant’s business or any loss of income therefrom, including without limitation from any relocation by Landlord of Tenant waives any claims against Landlord Entities within the Building (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) except as expressly provided otherwise in Section 20), or for injury or damage to the person goods, wares, merchandise or the other property of Tenant, Tenant’s employees, contractorsrepresentatives, agents, invitees, customers or any other person in in, on or about the PremisesPremises or Building, Building nor shall Landlord be liable for injury to the person of Tenant, Tenant’s employees, representatives, agents, customers, or Industrial Center from invitees, whether any cause whatsoever, including, but not limited to, such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from any other cause, and whether the condition said damage or injury results from conditions arising upon the Premises or any other cause, and whether the said damage or injury results from conditions arising upon the Premises or Building, or from other sources or places, and regardless of whether the Premisescause of such injury or the means of repairing the same is inaccessible to Landlord or Tenant, other portions unless such injury, loss of the Building income or Industrial Centerdamage is caused by Landlord’s gross negligence. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenant, if any, of Landlord nor the Building. Tenant hereby assumes all risk of damage to property or injury to persons in, on or about the Premises or the Building from any cause and Tenant hereby waives all claims in respect thereof against Landlord, excepting where said damage arises out of the failure by Landlord to enforce the provisions gross negligence of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESLandlord.

Exemption of Landlord from Liability. Upon Except to the Effective Dateextend applicable to Landlord’s negligence or willful misconduct, Section 8.6 of the Lease is deleted and the following substituted therefor: Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury or damage which may be sustained by Tenant or to the person or the goods, wares, merchandise or other property of Tenant, Tenant’s employees, contractors, invitees, customers customers, or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, earthquake, steam, electricity, gas, water or rain, which may leak or from or into any part of the premises or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning HVAC or lighting fixtures fixtures, or (ii) from any other cause, whether said injury or damage results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Building of which the Premises are a part, from other sources or Industrial Centerplaces, and Eight-L 1993 —9— Initials / regardless of whether the cause of such damage or injury or the means of preparing the same is accessible or not, except for damages caused by negligent or intentional acts of Landlord, and/or Landlord’s employees, contractors, agents, officers, directors, or any other person in or about the Premises on behalf of the Landlord. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASENotwithstanding Landlord’s negligence or breach of this Lease, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESLandlord shall under no circumstances be liable for injury to Tenant’s business or for any loss of income or profit therefrom.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Tenant hereby agrees that Landlord Entities shall not be liable for and Tenant waives injury to Tenants business or any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) loss of income therefrom, or for injury or damage to the person goods, wares, merchandise, or the other property of Tenant, Tenant’s employees, contractors, invitees, customers customers, or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water water, or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or from any other cause, and Tenant hereby waives any and all claims it may have against Landlord for said damages. In addition, Landlord shall not be liable for injury to the person of Tenant, Tenants employees, agents, contractors, and/or invitees for any of the causes specified in this subsection (ii) h), unless such injury results from the condition adjudicated gross negligence or intentional conduct of Landlord. Tenant hereby waives any and all claims it may have against Landlord for said damages except as specifically permitted herein. This exclusion of Landlord from liability shall be true whether or not such damage or injury results from conditions arising upon the Premises, Premises or upon other portions of the Building of which the Premises are a part, or Industrial Center. from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is accessible to Landlord or Tenant also, as part of such exclusion, Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce Premises or the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESBuilding.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury or damage to the person or the property of Tenant, Tenant’s employees, contractors, invitees, customers or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.

Exemption of Landlord from Liability. Upon the Effective DateTenant, Section 8.6 as a material part of the Lease is deleted consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the following substituted therefor: Premises, the Building, the Common Area or other portions of the Project arising from any cause, and Tenant hereby expressly releases Landlord Entities and waives all claims in respect thereof against Landlord, excepting only such claims are caused solely by Landlord's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for and Tenant waives injury to Tenant's business or any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) loss of income therefrom or for injury or damage to the person or the property txx xxxperty of Tenant, Tenant’s employeesor injury to or illness or death of Tenant or any Tenant Party, contractors, invitees, customers or any other person in or about the Premises, Building the Building, the Common Area or Industrial Center from any cause whatsoeverthe Project, includingwhether such damage, but not limited to, damage illness or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction leakage or other defects of pipes, fire sprinklers, wires, appliances, plumbing, ventilation, air conditioning or lighting fixtures fixtures, or (ii) from the condition of any other cause, and whether said damage, illness or injury results from conditions arising upon the Premises, upon other portions of the Building or Industrial Centerfrom other sources or places, and regardless of whether the cause of such damage, illness or injury or the means of repairing the same is inaccessible to Tenant, excepting only damage, illness or injury caused solely by Landlord's gross negligence or willful misconduct. Landlord shall not be liable nox xx xxxble for any damages arising from any act or neglect of any contractor or other tenant tenant, if any, of Landlord nor from the Building or the Project or Landlord's failure by Landlord to enforce the provisions terms of any agreements with parties other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESthan Tenant.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Tenant hereby agrees that Landlord Entities shall not be liable for and Tenant waives injury to Tenant's business or any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) loss of income therefrom or for injury or damage to the person goods, wares, merchandise or the other property of Tenant, Tenant’s 's employees, contractors, invitees, customers customers, or any other person in or about the Premises, Building nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or Industrial Center from any cause whatsoevercontractors, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steamstream, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from any other cause, whether the condition of said damage or injury results from conditions arising upon the Premises, Premises or upon other portions of the Building building of which the Premises are a part, or Industrial Centerfrom other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant except when such damage or injury is caused by Landlord's negligence or that of its servants, agents or employees. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenant, if any, of the building in which the Premises are located, unless Landlord nor from the failure has actual notice or knowledge of same and fails to use efforts determined by Landlord in its sole and absolute discretion to enforce be reasonable to prevent or restrain the provisions wrongful act or omission of any said other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGEStenant.

Exemption of Landlord from Liability. Upon If the Effective DatePremises, Section 8.6 of the Lease Building, or the Common Area, or any part thereof, is deleted and the following substituted therefor: damaged by fire or other cause against which Tenant is required to carry insurance pursuant to this Lease, Landlord Entities shall not be liable to Tenant for any loss, cost or expense arising out of or in connection with such damage. Tenant hereby releases Landlord, its directors, officers, shareholders, partners, employees, agents and representatives, from any liability, claim or action arising out of or in connection with such damage. Furthermore, Tenant waives any claims shall, pursuant to Article 17, maintain insurance against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury loss, injury, or damage to which may be sustained by the person person, goods, wares, merchandise or the property of Tenant, Tenant’s employeesits agents, contractors, inviteesemployees, customers invitees or customers, or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results resulting from (i) fire, steam, electricity, gas, water water, or rain, which may leak or flow from or into any part of the Premises or the Building, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premisessame, whether such damage or injury results from conditions arising within the Premises or other portions of the Building Building, or Industrial Centerfrom other sources, and Landlord shall not be liable therefor, unless caused by Landlord's negligence or wrongful act, and in that event only to the extent not covered by the insurance which Tenant is required to carry pursuant to this Lease. Landlord shall not be liable to Tenant for any damages arising from out of or in connection with any act or neglect omission of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial CenterProject or for losses due to theft or 16 burglary or other wrongful acts of third parties. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASENothing contained in this Section 16.2 shall relieve Landlord from liability for its negligent or wrongful acts, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESSexcept (a) in no event shall Landlord be liable for consequential damages, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESand (b) the foregoing shall be subject to the release and waiver contained at Section 17.7.

Exemption of Landlord from Liability. Upon Except to the Effective Dateextent caused by the gross negligence or willful misconduct of Landlord or Landlord’s violation of this Lease, Section 8.6 of the Lease is deleted and the following substituted therefor: neither Landlord nor Landlord Entities shall not be liable for and Tenant waives any claims against Landlord and Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury or damage to the person or the property of Tenant, Tenant’s employees, contractors, invitees, customers or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenants of Landlord or any subtenant or assignee of such other tenants nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASENotwithstanding Landlord’s negligence, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESSgross negligence, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECTor breach of this Lease, CONSEQUENTIAL OR PUNITIVE DAMAGESLandlord shall under no circumstances be liable for (a) injury to Tenant’s business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages or (b) any damage to property or injury to persons arising from any act of God or war, violence or insurrection including, but not limited to, those caused by earthquakes, hurricanes, storms, drought, floods, acts of terrorism, and/or riots.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Tenant hereby agrees that Landlord Entities shall not be liable for and Tenant waives injury to Tenant’s business or any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) loss of income therefrom or for injury or damage to the person goods, wares, merchandise, or the other property of Tenant, Tenant’s employees, contractors, invitees, customers customers, or any other person in or about the PremisesPremises or the Industrial Center, Building nor shall Landlord be liable for injury to the person of Tenant, Tenant’s employees, agents, or Industrial Center from any cause whatsoevercontractors, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water water, or rain, or from the breakage, leakage, obstruction obstruction, or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, or lighting fixtures fixtures, or (ii) from any other cause, whether said damage or injury results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Building or Industrial Center, or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant Tenant, occupant, or user of Landlord the Industrial Center, nor from the failure by of Landlord to enforce the provisions of any other lease in of the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESThe foregoing exemption of Landlord from liability shall not extend to any liability of Landlord arising out of the gross negligence or willful misconduct of Landlord or Landlord’s employees or agents.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Tenant hereby agrees that Landlord Entities shall not be liable for and Tenant waives injury to Tenant's business or any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) loss of income therefrom or for injury or damage to the person goods, wares, merchandise or the other property of Tenant, Tenant’s 's employees, contractors, invitees, customers customers, or any other person in or about the PremisesPremises <PAGE> -31- or the Industrial Center, Building nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or Industrial Center from any cause whatsoevercontractors, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, or lighting fixtures fixtures, or (ii) from any other cause, whether said damage or injury results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Building or Industrial Center. , or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenant, occupant or user of Landlord the Industrial Center, nor from the failure by of Landlord to enforce the provisions of any other lease in of the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASENotwithstanding Landlord's negligence or breach of this Lease, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESSLandlord shall under no circumstances be liable for injury to Tenant's business or for any loss of income or profit therefrom. Subject to Paragraph 8.6, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECTnothing in the foregoing provisions of this Paragraph 8.9 shall limit Landlord's liability for injuries to natural persons or damage to property to the extent caused by the sole active negligence or willful misconduct of Landlord, CONSEQUENTIAL OR PUNITIVE DAMAGESits employees, agents or contractors.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Tenant hereby agrees that Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury or damage to which may be sustained by the person person, goods, wares, merchandise or the property of Tenant, Tenant’s its employees, contractorsinvitees or customers, invitees, customers or by any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is Premises caused by or results resulting from (i) fire, steam, electricity, natural gas, water or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premisessame, whether the said damage or injury results from conditions arising upon the Premises or from other sources; provided, however, that notwithstanding the foregoing, Landlord shall not be relieved from liability with respect to such injury or damage resulting from Landlord's gross negligence or willful misconduct or arising from any Environmental Damages, other portions than such Environmental Damages caused by Tenant or any Tenant Party. The parties acknowledge and agree that except as provided in Section 17.4 of the Building or Industrial Center. this Lease, Landlord shall not be liable to Tenant for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord Project, including such tenant’s employees, agents, vendors and invitees. Subject to any abatement of rent provided under this Lease and the right of Tenant to enforce the provisions express obligations of the Landlord hereunder or to terminate the Lease for Landlord’s breach thereof, Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about 32730.018 - 276230.10 4836-3652-8809v15/100382-1012 the Premises from any cause except to the extent as may be caused by (a) the gross negligence or willful misconduct of Landlord; or (b) any Environmental Damages, except to the extent such Environmental Damages are caused by Tenant or any Tenant Party, and, subject to any abatement of rent provided under this Lease and the right of Tenant to enforce the express obligations of the Landlord hereunder or to terminate the Lease for Landlord’s breach thereof, Tenant hereby waives all other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESclaims with respect thereto against Landlord.

Exemption of Landlord from Liability. Upon Notwithstanding anything to the Effective Date, Section 8.6 of the contrary set forth in this Lease is deleted Landlord and the following substituted therefor: Landlord Entities Parties shall not be liable for and Tenant waives injury to Tenant’s business, or loss of income, loss of opportunity or loss of goodwill therefrom, or any claims against consequential, punitive, special or exemplary damages, however occurring (including, without limitation, from any failure or interruption of services or utilities or as a result of Landlord’s negligence). Without limiting the foregoing, except in connection with damage or injury resulting from the gross negligence or willful misconduct of Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury or damage to the person or the Landlord Parties, Landlord and the Landlord Parties shall not be liable for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, Tenant’s its employees, contractors, invitees, customers customers, agents, or contractors, or any other person in in, on or about the Premises, Building Premises directly or Industrial Center indirectly caused by or resulting from any cause whatsoever, including, including but not limited to, damage or injury which is caused by or results from (i) to fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, light fixtures, or lighting fixtures mechanical or (ii) electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Building Project or Industrial Centerfrom other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Landlord and the Landlord Parties shall not be liable to Tenant for any damages arising from any act willful or neglect negligent action or inaction of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESProject.

Exemption of Landlord from Liability. Upon the Effective DateTenant, Section 8.6 as a material part of the Lease is deleted consideration to Landlord for the granting of this Lease, hereby assumes all risk of damage to property of Tenant or injury to persons, in, upon or about the Project arising from any cause and Tenant hereby waives all claims in respect thereof against Landlord and agrees that any claims for such damages or injuries shall be made against the following substituted therefor: policies of insurance required to be carried by Tenant pursuant to paragraphs 8.1 and 8.3 hereinabove and any deductible amounts therein shall be deemed to be Tenant’s “self insurance”. Tenant hereby agrees that Landlord Entities shall not be liable for and Tenant waives injury to Tenant’s business or any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) loss of income therefrom or for injury loss of or damage to the person goods, wares, merchandise or the other property of Tenant, Tenant’s employees, contractors, invitees, customers customers, or any other person in or about the PremisesPremises or the Project, Building nor shall Landlord be liable for injury to the person of Tenant, Tenant’s employees, agents or Industrial Center from any cause whatsoevercontractors, including, but not limited to, whether such damage or injury which is caused by or results from (i) theft, fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from any other cause, whether said damage or injury results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Building Project, or Industrial Centerfrom other sources or places, or from new construction or the repair, alteration or improvement of any part of the Project, or of the equipment, fixtures or appurtenances applicable thereto, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenant, occupant or user of Landlord the Project, nor from the failure by of Landlord to enforce the provisions of any other lease in of any other tenant of the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESProject.

Exemption of Landlord from Liability. Upon Except to the Effective Date, Section 8.6 extent such matters both (a) arise from or are caused by Landlord's gross negligence or willful misconduct and (b) are not covered by insurance of the injured party, including the insurance required to be maintained by Tenant under this Lease is deleted (or if Tenant fails to maintain such coverage, which would have been covered if such insurance had been maintained as required), Landlord and the following substituted therefor: Landlord Entities Landlord's Affiliates shall not be liable under any circumstances for and Tenant waives any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) damage, injury to Tenant's business or loss of income therefrom or for damage, injury or damage to loss of the person goods, wares, merchandise, vehicles or the other property of Tenant, Tenant’s 's employees, contractors, invitees, customers or any other person in or about the PremisesPremises or any other part of the Project or death or injury to the person of Tenant, Building Tenant's employees, agents or Industrial Center from any cause whatsoevercontractors or to Tenant's property, including, but not limited to, whether such damage or injury which is caused by or results from (i) acts or omissions of Landlord or any of Landlord's Affiliates, whether negligent, criminal acts, fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilation, air conditioning or lighting fixtures fixtures, or (ii) from any other cause, whether damage or injury results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Building or Industrial Center. Landlord shall not be liable for any damages arising the Project, or from other sources or places appurtenant to the Premises and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, including any act or neglect of any other tenant of Landlord nor the Project, or from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGEScause whatsoever.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Landlord Entities Tenant hereby agrees that Indemnified Parties shall not be liable for and Tenant waives injury to Tenant’s business or any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) loss of income therefrom or for injury loss of or damage to the person merchandise, tenant improvements, fixtures, furniture, equipment, computers, files, automobiles, or the other property of Tenant, Tenant’s employees, contractorsagents, contractors or invitees, customers or any other person in or about the Premises, Building nor shall Indemnified Parties be liable for injury to the person of Tenant, Tenant’s employees, agents, contractors or Industrial Center invitees, whether such damage or injury is caused by or results from any cause whatsoever, whatsoever including, but not limited to, damage theft, criminal activity at the Premises, negligent security measures, bombings or injury which is caused by or results from (i) bomb scares, acts of terrorism, Hazardous Materials, fire, steam, electricity, gas, water or rain, or from the breakageflooding, leakage, obstruction or other defects breakage of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from any other cause, whether said damage or injury results from conditions arising upon the condition Premises, or from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Premises, other portions and regardless of whether the cause of the Building damage or Industrial Centerinjury arises out of the active negligence, passive negligence or intentional acts of Indemnified Parties. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions employees, agents, contractors or invitees of any other lease tenant, occupant or user of the Premises. Tenant, as a material part of the consideration to Landlord hereunder, hereby assumes all risk of damage to Tenant’s property or business or injury to persons in, upon or about the Premises arising from any cause including the active or passive negligence of Indemnified Parties and Tenant hereby waives all claims in respect thereof against Indemnified Parties. Except to the extent covered by Tenant’s insurance and waiver of subrogation provided in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASELease, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESSthe limitations on Landlord’s liability contained in this Section 19 shall not apply to injury or damage which results from the gross negligence or willful misconduct of Landlord, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECTits agents, CONSEQUENTIAL OR PUNITIVE DAMAGESemployees, contractors, subcontractors or assigns or Landlord’s breach of its obligations under this Lease; provided, however, in no event shall Landlord be liable to Tenant for consequential damages (including, but not limited to, lost profits).

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Landlord Entities shall not be ------------------------------------ liable for and Tenant waives any claims against injury to Tenant's business, or loss of income therefrom, or, except in connection with damage or injury resulting from the negligence or willful misconduct of Landlord, or its authorized agents (in which case Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) shall be responsible for injury or such damage to the person extent not covered by insurance required to be carried by Tenant under this Lease or actually carried by Tenant), for damage that may be sustained by the person, goods, wares, merchandise or property of Tenant, Tenant’s its employees, contractors, invitees, customers customers, agents, or contractors, or any other person in in, on or about the Premises, Building Premises directly or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is indirectly caused by or results resulting from (i) fire, steam, electricity, gas, water water, or rainrain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, air conditioning conditioning, light fixtures, or lighting fixtures mechanical or (ii) electrical systems or from intrabuilding network cable, whether such damage or injury results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Building Project or Industrial Centerfrom other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Tenant acknowledges that Landlord's election to provide mechanical surveillance or to post security personnel in the Project is solely within Landlord's discretion; Landlord shall have no liability in connection with the decision whether or not to provide such services and Tenant hereby waives all claims based thereon. Landlord shall not be liable for any damages arising from any act losses due to theft, vandalism, or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Centerlike causes. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.Initials: ___________________ ___________________

Exemption of Landlord from Liability. Upon Except for the Effective Datewillful misconduct or gross negligence of Landlord, Section 8.6 Landlord shall not be liable to Tenant for any compensation or reduction of Rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of Landlord or its agents entering the Premises for any of the Lease purposes authorized in this Lease, or for repairing the Premises or any portion of the Building, however the necessity may occur. In case Landlord is deleted prevented or delayed from making any repairs, alterations or improvement, or furnishing any services or performing any other covenant or duty to be performed on Landlord's part pursuant to the provisions of this Lease, by reason of any cause beyond Landlord's reasonable control, including without limitation the causes set forth in Section 21.11 below, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Articles 14 and 15 below, shall Tenant be entitled to any abatement or reduction of Rent by reason thereof, nor shall the following substituted therefor: same give rise to a claim in Tenant's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Tenant hereby agrees that Landlord, except for the willful misconduct or gross negligence of Landlord Entities shall not be liable for and Tenant waives injury to Tenant's business or any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) loss of income therefrom or for injury or damage to the person goods, wares, merchandise or the other property of Tenant, Tenant’s 's employees, contractors, invitees, customers or any other person in or about the Premises, Building nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or Industrial Center from any cause whatsoevercontractors, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from the condition of the Premises, any other portions of the Building or Industrial Centercause whatsoever. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions Building, theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition, or order of governmental body or authority, or any other lease in matter beyond the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESreasonable control of Landlord.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Tenant hereby agrees that ------------------------------------ Landlord Entities shall not be liable for and injury to Tenant's business or any loss of income therefrom, including without limitation from any relocation by Landlord of Tenant waives any claims against Landlord Entities within the Building (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) except as expressly provided otherwise in Section 20), or for injury or damage to the person goods, wares, merchandise or the other property of Tenant, Tenant’s 's employees, contractorsrepresentatives, agents, invitees, customers or any other person in in, on or about the PremisesPremises or Building, Building nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, representatives, agents, customers, or Industrial Center from invitees, whether any cause whatsoever, including, but not limited to, such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from any other cause, and whether the condition said damage or injury results from conditions arising upon the Premises or any other cause, and whether the said damage or injury results from conditions arising upon the Premises or Building, or from other sources or places, and regardless of whether the Premisescause of such injury or the means of repairing the same is inaccessible to Landlord or Tenant, other portions unless such injury, loss of income or damage is caused by the Building or Industrial CenterLandlord's gross negligence. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenant, if any, of Landlord nor the Building. Tenant hereby assumes all risk of damage to property or injury to persons in, on or about the Premises or the Building from any cause and Tenant hereby waives all claims in respect thereof against Landlord, excepting where said damage arises out of the failure by Landlord to enforce the provisions gross negligence of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESLandlord.

Exemption of Landlord from Liability. Upon Except to the Effective Dateextent caused by the gross active or gross passive negligence or willful misconduct of Landlord or Landlord's employees or agents, Section 8.6 of the Lease is deleted and the following substituted therefor: neither Landlord nor Landlord Entities shall not be liable for and Tenant waives any claims against Landlord and Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury or damage to the person or the property of Tenant, Tenant’s 's employees, contractors, invitees, customers or any other person in or about the Premises, Building or Industrial Center R&D Park from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial CenterR&D Park. Landlord shall not be liable for any damages arising from any act or neglect (passive or active) of any other tenant tenants of Landlord or any subtenant or assignee of such other tenants nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial CenterR&D Park. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASENotwithstanding Landlord's negligence (active or passive), LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESSgross negligence (active or passive), FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECTor breach of this Lease, CONSEQUENTIAL OR PUNITIVE DAMAGESLandlord shall under no circumstances be liable for (a) injury to Tenant's business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages or (b) any damage to property or injury to persons arising from any act of God or war, violence or insurrection, including, but not limited to, those caused by earthquakes, hurricanes, storms, drought, floods, acts of terrorism, and/or riots.

Exemption of Landlord from Liability. Upon Except to the Effective Dateextent caused by the gross active or gross passive negligence or willful misconduct of Landlord, Section 8.6 of the Lease is deleted and the following substituted therefor: neither Landlord nor Landlord Entities shall not be liable for and Tenant waives any claims against Landlord and Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury or damage to the person or the property of Tenant, Tenant’s 's employees, contractors, invitees, customers or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (ifrom"(i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect (passive or active) of any other tenant tenants of Landlord or any subtenant or assignee of such other tenants nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASENotwithstanding Landlord's negligence (active or passive), LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESSgross negligence (active or passive), FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECTor breach of this Lease, CONSEQUENTIAL OR PUNITIVE DAMAGESLandlord shall under no circumstances be liable for (a) injury to Tenant's business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages or (b) any damage to property or injury to persons arising from any act of God or war, violence or insurrection, including, but not limited to, those caused by earthquakes, hurricanes, storms, drought, floods, acts of terrorism, and/or riots.

Exemption of Landlord from Liability. Upon Tenant assumes responsibility for the Effective Date, Section 8.6 condition of the Lease is deleted Premises, and agrees to save Landlord harmless from any liability arising from injury to person or damage to property in or about he Premises, whether occasioned by any act or omission of Tenant's agents, servants, or visitors. Except to the following substituted therefor: extent caused by the gross negligence or willful misconduct of Landlord, Landlord Entities shall not be liable for and Tenant waives any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury or damage to the person or the property of Tenant, Tenant’s 's employees, contractors, invitees, customers or any other person in or about the Premises, Building or or. Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASENotwithstanding Landlord's negligence or breach of this Lease, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESSLandlord shall under no circumstances be liable for injury to Tenant's business, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECTfor any loss of income or profit therefrom or any indirect, CONSEQUENTIAL OR PUNITIVE DAMAGESconsequential or punitive damages.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Tenant hereby agrees that Landlord Entities shall not be liable for and injury to Tenant's business or any loss of income therefrom, including without limitation from any relocation by Landlord of Tenant waives any claims against within the Building (except as expressly provided otherwise in Section 20), or except to the extent caused by the gross negligence or willful misconduct of Landlord Entities or the Landlord Related Parties (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIESbut subject to the waiver of subrogation set forth in Section 13.4) for injury or damage to the person goods, wares, merchandise or the other property of Tenant, any Tenant Related Parties or any of Tenant’s employees, contractors, subcontractors or invitees, customers or any other person in in, on or about the PremisesPremises or Building, Building nor shall Landlord be liable for injury to the person of Tenant, any Tenant Related Parties or Industrial Center from any cause whatsoeverof Tenant’s contractors, includingsubcontractors or invitees, but not limited to, whether any such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or from any other cause, and whether the said damage or injury results from conditions arising upon the Premises or any other cause, and whether the said damage or injury results from conditions arising upon the Premises or Building, or from other sources or places, and regardless of whether the cause of such injury or the means of repairing the same is inaccessible to Landlord or Tenant, unless and to the extent such injury, loss of income or damage is caused by the gross negligence (ii) from but subject to the condition terms and conditions of the Premises, other portions waiver of subrogation set forth in Section 13.4) or willful misconduct of Landlord or the Building or Industrial CenterLandlord Related Parties. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenant, if any, of the Building. Tenant hereby assumes all risk of damage to property or injury to persons in, on or about the Premises or the Building from any cause and Tenant hereby waives all claims in respect thereof against Landlord, excepting and to the extent where said damage arises out of the gross negligence (but subject to the terms and conditions of the waiver of subrogation set forth in Section 13.4) or willful misconduct of Landlord nor from or the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESRelated Parties.

Exemption of Landlord from Liability. Upon the Effective DateTenant, Section 8.6 as a material part of the Lease is deleted consideration to Landlord, hereby assumes all risk of damage to property of Tenant or injury to persons, in, upon or about the Office Building Project arising from any cause and the following substituted therefor: Tenant hereby waives all claims in respect thereof against Landlord. Tenant hereby agrees that Landlord Entities shall not be liable for and Tenant waives injury to Tenant's business or any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) loss of income therefrom or for injury loss of or damage to the person goods, wares, merchandise or the other property of Tenant, Tenant’s 's employees, contractors, invitees, customers customers, or any other person in or about the PremisesPremises or the Office Building Project, Building nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or Industrial Center from any cause whatsoevercontractors, including, but not limited to, whether such damage or injury which is caused by or results from (i) theft, fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from any other cause, whether said damage or injury results from conditions arising upon the condition of the Premises, Premises or upon other portions of the Office Building Project, or Industrial Center. from other sources or places, or from new construction or the repair, alteration or improvement of any part of the Office Building Project, or of the equipment, fixtures or appurtenances applicable thereto, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible, Landlord shall not be liable for any damages arising from any act or neglect of any other tenant lessee, occupant or user of Landlord the Office Building Project, nor from the failure by of Landlord to enforce the provisions of any other lease in Lease Agreement between Landlord and any other Tenant of the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESOffice Building Project.

Exemption of Landlord from Liability. Upon Except for the Effective Datewillful ------------------------------------ misconduct or gross negligence of Landlord, Section 8.6 Landlord shall not be liable to Tenant for any compensation or reduction of Rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of Landlord or its agents entering the Premises for any of the Lease purposes authorized in this Lease, or for repairing the Premises or any portion of the Property, however the necessity may occur. In case Landlord is deleted prevented or delayed from making any repairs, alterations or improvements, or furnishing any services or performing any other covenant or duty to be performed on Landlord's part pursuant to the provisions of this Lease, by reason of any cause beyond Landlord's reasonable control, including without limitation the causes set forth in Section 8.03, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Articles XV and XVI, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the following substituted therefor: Landlord Entities same give rise to a claim in Tenant's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Tenant hereby agrees that Landlord, except for the gross negligence of Landlord, its agents and employees, shall not be liable for and Tenant waives injury to Tenant's business or any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) loss of income therefrom or for injury or damage to the person goods, wares, merchandise or the other property of Tenant, Tenant’s 's employees, contractors, invitees, customers customers, or any other person in or about the Premises, Building nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or Industrial Center from any cause whatsoevercontractors, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from the condition of the Premises, any other portions of the Building or Industrial Centercause whatsoever. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions Property, theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition, or order of governmental body or authority, or any other lease in matter reasonably beyond the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGEScontrol of Landlord.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Landlord Entities shall not be liable for and Tenant waives shall indemnify and hold Landlord harmless from and against all claims, losses, damages, expenses, penalties and charges arising from or in connection with any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for damage or injury or damage to the person person, business (or the any loss of income therefrom), goods, wares, merchandise or other property of Tenant, Tenant’s 's employees, contractors, invitees, customers or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, whether such damage or injury which is caused by or results from from: (ia) fire, steam, electricity, gaswater, water gas or rain, or from ; (b) the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (iic) from the condition failure, delay or diminution in the quality or quantity of any utilities or services supplied to the Premises or the Building, or (d) any conditions arising in or about the Premises, or from other portions sources or places, nor shall any of the Building or Industrial Centersame be construed as an eviction of Tenant, nor, unless otherwise permitted under this Lease, work an abatement of Rent, nor relieve Tenant from any obligation under this Lease. Landlord shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage or injury are not accessible to Tenant. The provisions of this Section 6.02 shall not, however, exempt Landlord from liability for Landlord's gross negligence or willful misconduct. In addition to any limitation of Landlord's liability contained in the Lease, Tenant hereby agrees that any claim for damages arising from any act or neglect against Landlord shall be subject and subordinate to the interest of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease mortgagee in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESBuilding and Property.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Tenant hereby ------------------------------------ agrees that Landlord Entities shall not be liable for and Tenant waives injury to Xxxxxx's business or any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) loss of income therefrom or for injury or damage to the person goods, wares, merchandise or the other property of Tenant, Tenant’s 's employees, contractors, invitees, customers customers, or any other person in or about the Premises, Building nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or Industrial Center from any cause whatsoevercontractors, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from any other cause, whether the condition of said damage or injury results from conditions arising upon the Premises, Premises or upon other portions of the Building Buildings of which the Premises are a part, or Industrial Centerfrom other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant; provided, however, that nothing in this Lease shall relieve Landlord from liability for (a) breach of this Lease by Landlord, (b) its negligence or willful misconduct or omissions or (c) the negligence or willful misconduct or omissions of its employees and agents. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenant, if any, of Landlord nor from the failure by Landlord to enforce Building, the provisions Project or of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESsubtenant of Tenant.

Exemption of Landlord from Liability. Upon the Effective DateTenant, Section 8.6 as a material part of the Lease is deleted consideration to Landlord, hereby assumes all risk of damage to property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations or injury to persons in, upon or about the following substituted therefor: Premises, the Building, the Common Area or other portions of the Project arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except such claims as are caused solely by Landlord's gross negligence or wilful misconduct. Tenant hereby agrees that Landlord Entities shall not be liable for and Tenant waives injury to Xxxxxx's business or any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) loss of income therefrom or for injury or damage to the person or the property of Tenant, or injury to or death of Xxxxxx, Tenant’s 's employees, contractors, invitees, customers customers, agents or contractors or any other person in or about the Premises, Building the Building, the Common Area or Industrial Center from any cause whatsoeverthe Project, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction leakage or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) the interruption or failure of telephone services to the Premises; or from the condition of any other cause, whether said damage or injury results from conditions arising upon the Premises, upon other portions of the Building or Industrial Centerfrom other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except damage or injury caused solely by Landlord's gross negligence or wilful misconduct. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenant, if any, of Landlord nor from the Building or the Project or Landlord's failure by Landlord to enforce the provisions terms of any agreements with parties other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESthan Tenant.

Exemption of Landlord from Liability. Upon Except to the Effective Dateextent caused by the gross active or gross passive negligence or willful misconduct of Landlord or Landlord’s employees or agents, Section 8.6 of the Lease is deleted and the following substituted therefor: neither Landlord nor Landlord Entities shall not be liable for and Tenant waives any claims against Landlord and Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury or damage to the person or the property of Tenant, Tenant’s employees, contractors, invitees, customers or any other person in or about the Premises, Building or Industrial Center R&D Park from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial CenterR&D Park. Landlord shall not be liable for any damages arising from any act or neglect (passive or active) of any other tenant tenants of Landlord or any subtenant or assignee of such other tenants nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial CenterR&D Park. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASENotwithstanding Landlord’s negligence (active or passive), LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESSgross negligence (active or passive), FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECTor breach of this Lease, CONSEQUENTIAL OR PUNITIVE DAMAGESLandlord shall under no circumstances be liable for (a) injury to Tenant’s business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages or (b) any damage to property or injury to persons arising from any act of God or war, violence or insurrection, including, but not limited to, those caused by earthquakes, hurricanes, storms, drought, floods, acts of terrorism, and/or riots.

Exemption of Landlord from Liability. Upon the Effective Date, Section 8.6 of the Lease is deleted and the following substituted therefor: Landlord Entities shall not be liable for injury and Tenant waives any all claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) to Tenant's business or loss of income therefrom or for injury damage which may be sustained by the person, goods, wares, merchandise or damage to the person or the property of Tenant, Tenant’s its employees, contractors, invitees, customers customers, agents or contractors or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results resulting from (i) fire, steam, electricity, gas, water or rain, which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premisessame, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Building building of which the Premises are a part, or Industrial Centerfrom other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant tenant, if any, of Landlord nor from the failure by Landlord to enforce Building in which the provisions Premises are located, or of any other lease in the Industrial CenterProject. NOTWITHSTANDING LANDLORD’S NEGLIGENCE IN NO EVENT SHALL LANDLORD BE LIABLE TO TENANT FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OF DATA, INTERRUPTION OF BUSINESS, OR BREACH FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS, FOR ANY CLAIM CONCERNING PERFORMANCE OR NONPERFORMANCE BY LANDLORD PURSUANT TO OR IN ANY OTHER WAY 9 RELATED TO THE SUBJECT MATTER OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE OR FOR INJURY TO TENANT’S BUSINESS, DAMAGES FOR ANY LOSS CAUSE WHATSOEVER AND REGARDLESS OF INCOME THE FORM OF ACTION, WHETHER IN CONTRACT OR PROFIT THEREFROM OR ANY INDIRECTIN TORT INCLUDING, CONSEQUENTIAL OR PUNITIVE DAMAGESWITHOUT LIMITATION, NEGLIGENCE. TENANT'S SOLE REMEDY SHALL BE ACTUAL DAMAGES UP TO THE AMOUNT OF THE RENT ATTRIBUTABLE TO THE APPLICABLE PERIOD THAT IS THE SUBJECT OF THE CLAIM.

Exemption of Landlord from Liability. Upon Except for the Effective Datewillful ------------------------------------- misconduct or gross negligence of Landlord, Section 8.6 Landlord shall not be liable to Tenant for any compensation or reduction of Rent by reason of inconvenience or annoyance or for loss of business arising from the necessity of Landlord or its agents entering the Premises for any of the Lease purposes authorized in this Lease, or for repairing the Premises or any portion of the Property, however the necessity may occur. In case Landlord is deleted prevented or delayed from making any repairs, alterations or improvements, or furnishing any services or performing any other covenant or duty to be performed on Landlord's part pursuant to the provisions of this Lease, by reason of any cause beyond Landlord's reasonable control, including without limitation the causes set forth in section 8.03, Landlord shall not be liable to Tenant therefor, nor, except as expressly otherwise provided in Articles XV and XVI, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the following substituted therefor: Landlord Entities same give rise to a claim in Tenant's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Tenant hereby agrees that Landlord, except for the gross negligence of Landlord, its agents and employees, shall not be liable for and Tenant waives injury to Tenant's business or any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) loss of income therefrom or for injury or damage to the person goods, wares, merchandise or the other property of Tenant, Tenant’s 's employees, contractors, invitees, customers customers, or any other person in or about the Premises, Building nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or Industrial Center from any cause whatsoevercontractors, including, but not limited to, whether such damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures fixtures, or (ii) from the condition of the Premises, any other portions of the Building or Industrial Centercause whatsoever. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions Property, theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition, or order of governmental body or authority, or any other lease in matter reasonably beyond the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGEScontrol of Landlord.

Exemption of Landlord from Liability. Upon Except to the Effective Dateextent caused by Landlord's grossly negligent acts or willful misconduct, Section 8.6 of the Lease is deleted Tenant assumes all risk of, Tenant waives all claims against Landlord in respect of, and the following substituted therefor: Landlord Entities shall not be liable for and Tenant waives for, any claims against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for of the matters set forth in the preceding Paragraph or any of the following: injury to Tenant's business, loss of income from such business, or damage or injury to the person goods, wares, merchandise, or other property or the property person of Tenant, Tenant’s employees's Invitees, contractors, invitees, customers or any other person in persons in, upon, or about the Premises, Building or Industrial Center from any cause whatsoeverwhether such damage, includingloss, but not limited to, damage or injury which is caused by or results from (i) criminal acts, fire, steam, electricity, gas, water or water, rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sewer lines, sprinklers, wires, appliances, plumbing, air air-conditioning or lighting fixtures fixtures, or (ii) from the condition of any other cause, conditions arising upon the Premises, or other portions sources or places, and regardless of whether the cause of such damage, loss, or injury or the means of repairing such damage, loss, or injury is inaccessible to Tenant. In connection with the foregoing, Tenant hereby waives any defense would otherwise be provided by Section 1542 of the Building California Civil Code (which states "A general release does not extend to claims which the creditor does not know or Industrial Centersuspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor"), or laws of a similar nature, which would limit any such release to matters known or suspected to exist by Tenant. Landlord This Lease shall not be liable for affected or impaired by any damages arising from change to any act part of the Project or neglect of any other tenant of Landlord nor from sidewalks, streets or improvements nearby the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASE, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESS, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESProject.

Exemption of Landlord from Liability. Upon If the Effective DatePremises, Section 8.6 of the Lease Building, or the Common Area, or any part thereof, is deleted and the following substituted therefor: damaged by fire or other cause against which Tenant is required to carry insurance pursuant to this Lease, Landlord Entities shall not be liable to Tenant for any loss, cost or expense arising out of or in connection with such damage. Tenant hereby releases Landlord, its directors, officers, shareholders, partners, employees, agents and representatives, from any liability, claim or action arising out of or in connection with such damage. Furthermore, Tenant waives any claims shall, pursuant to Article 17, maintain insurance against Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury loss, injury, or damage to which may be sustained by the person person, goods, wares, merchandise or the property of Tenant, Tenant’s employeesits agents, contractors, inviteesemployees, customers invitees or customers, or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results resulting from (i) fire, steam, electricity, gas, water water, or rain, which may leak or flow from or into any part of the Premises or the Building, or from the breakage, leakage, obstruction or other defects of the pipes, fire sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or (ii) from the condition of the Premisessame, whether such damage or injury results from conditions arising within the Premises or other portions of the Building Building, or Industrial Centerfrom other sources, and Landlord shall not be liable therefor, unless caused by Landlord's negligence or wrongful act, and in that event only to the extent not covered by the insurance which Tenant is required to carry pursuant to this Lease. Landlord shall not be liable to Tenant for any damages arising from out of or in connection with any act or neglect omission of any other tenant of Landlord nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial CenterProject or for losses due to theft or burglary or other wrongful acts of third parties. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASENothing contained in this Section 16.2 shall relieve Landlord from liability for its negligent or wrongful acts, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESSexcept (a) in no event shall Landlord be liable for consequential damages, FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGESand (b) the foregoing shall be subject to the release and waiver contained at Section 17.7.

Exemption of Landlord from Liability. Upon Except to the Effective Dateextent caused by the gross active or gross passive negligence or willful misconduct of Landlord, Section 8.6 of the Lease is deleted and the following substituted therefor: neither Landlord nor Landlord Entities shall not be liable for and Tenant waives any claims against Landlord and Landlord Entities (EVEN IF SUCH CLAIMS ARE CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD ENTITIES BUT NOT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD ENTITIES) for injury or damage to the person or the property of Tenant, Tenant’s employees, contractors, invitees, customers or any other person in or about the Premises, Building or Industrial Center from any cause whatsoever, including, but not limited to, damage or injury which is caused by or results from (i) fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, heating, ventilating, air conditioning or lighting fixtures or (ii) from the condition of the Premises, other portions of the Building or Industrial Center. Landlord shall not be liable for any damages arising from any act or neglect (passive or active) of any other tenant tenants of Landlord or any subtenant or assignee of such other tenants nor from the failure by Landlord to enforce the provisions of any other lease in the Industrial Center. NOTWITHSTANDING LANDLORD’S NEGLIGENCE OR BREACH OF THIS LEASEExcept to the extent actually reimbursed by policies of insurance actually carried by Landlord or which would have been reimbursed by policies required to be carried by Landlord pursuant to this Lease, LANDLORD SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR INJURY TO TENANT’S BUSINESSnotwithstanding Landlord’s negligence (active or passive), FOR ANY LOSS OF INCOME OR PROFIT THEREFROM OR ANY INDIRECTgross negligence (active or passive), CONSEQUENTIAL OR PUNITIVE DAMAGESor breach of this Lease, Landlord shall under no circumstances be liable for (a) injury to Tenant’s business, for any loss of income or profit therefrom or any indirect, consequential or punitive damages or (b) any damage to property or injury to persons arising from any act of God or war, violence or insurrection, including, but not limited to, those caused by earthquakes, hurricanes, storms, drought, floods, acts of terrorism, and/or riots.