Common use of LANDLORD NOT LIABLE FOR INJURY OR DAMAGE, ETC Clause in Contracts

LANDLORD NOT LIABLE FOR INJURY OR DAMAGE, ETC. Except to the extent (1) expressly prohibited by Applicable Law, (2) arising from actions by Landlord not related to its status as owner of the Land, or (3) directly caused by the negligence or willful misconduct of Landlord or Landlord’s agents, representatives, board members, contractors, or employees, Landlord shall not in any event whatsoever be liable for any injury or damage to Tenant or to any other Person happening on, in or about the Property and its appurtenances nor for any injury or damage to the Property or to any property belonging to Tenant or any other Person which may be caused by any fire or breakage, or by the use, misuse and abuse of the Improvements (including but not limited to, any of the common areas within the Improvements, equipment, elevators, hatches, openings, installations, stairways, hallways, or other common facilities), or the streets and sidewalk area within the Land or which may arise from any other cause whatsoever. Landlord shall not be liable to Tenant or to any other Person for any failure of water supply, gas or electric current, nor for any injury or damage to any property of Tenant or of any other Person or to the Property caused by or resulting from gasoline, oil, steam, gas, electricity, or hurricane, tornado, flood, wind or similar storms or disturbances, or water, rain or snow which may leak or flow from the street, sewer, gas mains or subsurface area or from any part of the Land, or leakage of gasoline or oil from pipes, storage tanks, appliances, sewer or plumbing works therein, or from any other place, nor for interference with light or other incorporeal hereditaments by anybody, or caused by any public or quasi- public work. Nothing herein shall be construed to limit or waive in any way the sovereign immunity of Landlord, its officers, agents or employees.

LANDLORD NOT LIABLE FOR INJURY OR DAMAGE, ETC. Except to the extent (1a) expressly prohibited by Applicable Law, (2) arising from actions by Landlord not related to its status as owner of the Land, or (3) directly caused by the negligence or willful misconduct of Landlord or Landlord’s agents, representatives, board members, contractors, or employees, Landlord The Port Authority shall not in any event whatsoever be liable for any injury or damage to Tenant the Lessee or to any other Person happening on, in or about the Property and Premises or its appurtenances appurtenances, nor for any injury or damage to the Property Premises or to any property belonging to Tenant the Lessee or to any other Person which that may be caused by any fire or fire, by breakage, or by the use, misuse and or abuse of any portion of the Improvements Premises (including including, but not limited to, any of the common areas within the Improvements, equipment, elevatorsareas, hatches, openings, installations, stairways, hallways, stairways or hallways or other common facilities), or the streets and sidewalk area facilities within the Land Premises, and the streets, sidewalk or which other public areas within the Airport) or that may arise from any other cause whatsoever. Landlord whatsoever unless arising solely from the willful misconduct or gross negligence of the Port Authority. (b) The Port Authority shall not be liable to Tenant the Lessee or to any other Person for any failure of water supply, gas or electric current, nor for any injury or damage to any property of Tenant the Lessee or of any other Person or to any portion of the Property Premises caused by or resulting from gasoline, oil, steam, gas, electricity, or hurricane, tornado, flood, wind or similar storms storm or disturbances, disturbance or by or from water, rain or snow which may leak or flow from the street, sewer, gas mains or subsurface area or from any part of the Land, Airport or by or from leakage of gasoline or oil from pipes, storage tanks, appliances, sewer or plumbing works therein, therein or from any other place, nor for interference with light or other incorporeal hereditaments by anybodyany Person, or caused by any public or quasi- quasi-public work. Nothing herein , unless arising solely from the willful misconduct or gross negligence of the Port Authority. (c) In no event shall the Port Authority be construed liable to limit the Lessee or waive to any other Person for any injury or damage to any property of the Lessee or any other Person, or to the Premises, arising out of any sinking, shifting, movement, subsidence, failure in any way loss-bearing capacity of, or other matter or difficulty related to, the sovereign immunity soil, or other surface or subsurface materials, on the Premises or at the Airport, it being agreed that the Lessee shall assume and bear all risk of Landlordloss with respect thereto, its officers, agents unless arising solely from the willful misconduct or employeesgross negligence of the Port Authority.

LANDLORD NOT LIABLE FOR INJURY OR DAMAGE, ETC. Except to the extent (1) expressly prohibited by Applicable Law, (2) arising from actions by Landlord not related to its status as owner of the Land, or (3) directly caused by the negligence or willful misconduct of Landlord or Landlord’s agents, representatives, board members, contractors, or employees, Landlord shall not in any event whatsoever be liable for any injury or damage to Tenant and Tenant shall not impede or to seek recovery against Landlord in any other Person happening action or claim brought by a third party for injury occurring on, in or about the Property and its appurtenances Premises or the Property, nor for any injury or damage to the Property Premises or to any property belonging to Tenant or to any other Person which that may be caused by any fire or other casualty, by breakage, or by the use, misuse and or abuse of the Improvements (including but not limited to, any portion of the common areas within the Improvements, equipment, elevators, hatches, openings, installations, stairways, hallways, or other common facilities), Premises or the streets and sidewalk area within the Land Property or which that may arise from any other cause whatsoever. Landlord shall not be liable to Tenant and Tenant shall not impede or to seek recovery against Landlord in any other Person action or claim brought by a third party for any failure of water supply, gas or electric current, nor for any injury or damage to any property of Tenant or of any other Person or to the Property Premises caused by or resulting from gasoline, oil, steam, gas, electricity, or hurricane, tornado, flood, wind or similar storms storm or disturbances, disturbance or by or from water, rain or snow which may leak or flow from the street, sewer, gas mains or subsurface area or from any part of the LandProperty, or body of water under or adjacent to the Property, or by or from leakage of gasoline or oil from pipes, storage tanks, appliances, sewer or plumbing works therein, therein or from any other place, nor for interference with light or other incorporeal hereditaments by anybodyany Person, or caused by any public or quasi- quasi-public work. Nothing herein Notwithstanding anything to the contrary contained in this Article 17, Landlord shall be construed liable, subject to limit Landlord’s rights under all other provisions of this Lease, for any injury or waive damage to Tenant, the Premises or any property located at the Premises belonging to Tenant or any Subtenant resulting directly from Landlord’s or Landlord’s agents, employees, servants, contractors or invitees, gross negligence or willful misconduct in any way connection with the sovereign immunity performance of Landlord’s obligations pursuant to this Lease, its officersincluding, agents or employeeswithout limitation, Section 12.05.

LANDLORD NOT LIABLE FOR INJURY OR DAMAGE, ETC. Except to the extent (1) expressly prohibited by Applicable Law, (2) arising from actions by Landlord not related to its status as owner of the Land, or (3) directly caused by the negligence or willful misconduct of Landlord or Landlord’s agents, representatives, board members, contractors, or employees, Section 18.01. Landlord shall not in any event whatsoever be liable for any injury or damage to Tenant or to any other Person happening on, in or about the Property Premises and its appurtenances appurtenances, nor for any injury or damage to the Property Premises or to any property belonging to Tenant or to any other Person which may be caused by any fire or breakage, or by the use, misuse and or abuse of the Improvements Building (including including, but not limited to, any of the common areas within the ImprovementsBuilding, equipmentFixtures, Equipment, elevators, hatches, openings, installations, stairways, hallways, or other common facilities), or the streets and or sidewalk area within the Land Premises or which may arise from any other cause whatsoeverwhatsoever except to the extent any of the foregoing shall have resulted from the negligence or wrongful act of Landlord, its officers, agents, employees or licensees; nor shall Landlord in any event be liable for the acts or failure to act of any other tenant of any premises within the Project Area other than the Premises, or of any agent, representative, employee, contractor or servant of such other tenant. Section 18.02. Landlord shall not be liable to Tenant or to any other Person for any failure of water supply, gas or electric current, nor for any injury or damage to any property of Tenant or of any other Person or to the Property Premises caused by or resulting from gasoline, oil, steam, gas, electricity, or hurricane, tornado, flood, wind or similar storms or disturbances, or water, rain or snow which may leak or flow from the street, sewer, gas mains or subsurface area or from any part of the LandPremises, or leakage of gasoline or oil from pipes, storage tanks, appliances, sewer or plumbing works therein, or from any other place, nor for interference with light or other incorporeal hereditaments by anybody, or caused by any public or quasi- quasi-public work. Nothing herein , except to the extent any of the foregoing shall be construed to limit have resulted from the negligence or waive in any way the sovereign immunity wrongful act of Landlord, its officers, agents agents, employees or employeeslicensees. Section 18.03. In addition to the provisions of Section 18.01 and 18.02, in no event shall Landlord be liable to Tenant or to any other Person for any injury or damage to any property of Tenant or of any other Person or to the Premises, arising out of any sinking, shifting, movement, subsidence, failure in load-bearing capacity of, or other matter or difficulty related to, the soil, or other surface or subsurface materials, on the Premises or in the Project Area, it being agreed that Tenant shall assume and bear all risk of loss with respect thereto. Section 18.04. In no event shall Tenant be liable to Landlord or to any other Person for any injury or damage to Landlord or to such other Person happening on, in or about the Premises and its appurtenances which may be caused by Landlord's Civic Facilities or the existence on the date hereof of any hazardous, toxic or dangerous waste, substance or material in the soil or subsurface, except to the extent that the same shall have been caused in whole or in part by the negligence or wrongful act of Tenant or any employee, agent, servant or contractor of Tenant or Subtenant.

LANDLORD NOT LIABLE FOR INJURY OR DAMAGE, ETC. Except to the extent (1i) expressly prohibited by Applicable Lawlaw, (2ii) arising from relating to actions by Landlord not related to its status as owner of the Land, or (3iii) directly caused by the gross negligence or willful misconduct of Landlord or Landlord’s agents, representatives, board members, contractors, or employees, Landlord shall not in any event whatsoever be liable for any injury or damage to Tenant or to any other Person happening on, in or about the Property Land and its appurtenances nor for any injury or damage to the Property Land or to any property belonging to Tenant or any other Person which may be caused by any fire or breakage, or by the use, misuse and abuse of the Improvements (including but not limited to, any of the common areas within the Improvements, equipment, elevators, hatches, openings, installations, stairways, hallways, or other common facilities), or the streets and sidewalk area within the Land or which may arise from any other cause whatsoever. Landlord shall not be liable to Tenant or to any other Person for any failure of water supply, gas or electric current, nor for any injury or damage to any property of Tenant or of any other Person or to the Property Land caused by or resulting from gasoline, oil, steam, gas, electricity, or hurricane, tornado, flood, wind or similar storms or disturbances, or water, rain or snow which may leak or flow from the street, sewer, gas mains or subsurface area or from any part of the Land, or leakage of gasoline or oil from pipes, storage tanks, appliances, sewer or plumbing works therein, or from any other place, nor for interference with light or other incorporeal hereditaments by anybody, or caused by any public or quasi- quasi-public work. Nothing herein shall be construed to limit or waive in any way the sovereign immunity of Landlord, its officers, agents or employees.

LANDLORD NOT LIABLE FOR INJURY OR DAMAGE, ETC. Except to the extent (1) expressly prohibited by Applicable Law, (2) arising from actions by Landlord not related to its status as owner of the Land, or (3) directly caused by the negligence or willful misconduct of Landlord or Landlord’s agents, representatives, board members, contractors, or employees, 18.01 Landlord shall not in any event whatsoever be liable for any injury or damage to Tenant or to any other Person happening onin, in on or about the Property Premises and its appurtenances appurtenances, nor for any injury or damage to the Property Premises or to any property belonging to Tenant or any other Person which may be caused by any fire or breakage, breakage or by any other cause whatsoever or by the use, misuse and or abuse of the Improvements Building (including including, but not limited to, any of the common areas within the ImprovementsBuilding, equipmentEquipment, elevators, hatches, openings, installations, stairways, hallways, hallways or other common facilities), ) or the streets and or sidewalk area within the Land Premises or which may arise from any other cause whatsoever. , unless caused by the willful misconduct of Landlord, its officers, agents, employees or licensees. 18.02 Landlord shall not be liable to Tenant or to any other Person for any failure of water supply, gas gas, telephone or electric current, nor for any injury or damage to any property of Tenant or of any other Person or to the Property Premises caused by or resulting from gasoline, oil, steam, gas, electricity, gas or electricity or hurricane, tornado, flood, wind or similar storms or disturbances, or water, rain rain, sleet, ice or snow which may leak or flow from the street, sewer, gas mains or subsurface area or from any part of the LandPremises, or leakage of gasoline or oil from pipes, storage tanks, appliances, sewer sewers or plumbing works therein, or from any other placeplace or from any other cause, nor for interference with light or other incorporeal hereditaments by anybody, or caused by any public or quasi- quasi-public work. Nothing herein shall be construed to limit or waive in , unless any way of the sovereign immunity foregoing results from the willful misconduct of Landlord, its officers, agents agents, employees or employeeslicensees.

LANDLORD NOT LIABLE FOR INJURY OR DAMAGE, ETC. Except to the extent (1if any) expressly prohibited by Applicable Lawprovided herein, (2) arising from actions by neither Landlord not related to its status as owner of the Landnor any Secured Lender, or (3) directly caused by the negligence or willful misconduct of Landlord or Landlord’s agentsrespectively, representatives, board members, contractors, or employees, Landlord shall not in any event whatsoever whatsoever, unless caused by its own negligence or wrongful act or by the acts of any Person claiming by, through or under it or (in the case of Landlord) by Landlord's failure to perform its obligations herein, be liable for any injury injury, damage or damage loss to Tenant or to any other Person claiming by, through or under Tenant, happening on, in or about the Property Premises or the Parcels or their appurtenances (including, without limitation, street and its appurtenances sidewalk areas) nor for any injury or damage to the Property Premises or the Parcels (except that the foregoing provision will not apply to Parcels B, C and D, respectively, from and after such time, if any, as Tenant is relieved, by operation of the provisions of Section 3.3 hereof, from all obligation, liability and responsibility hereunder to pay any Impositions for or relating to Parcels B, C and D, respective ly) or to any property belonging to Tenant or any other Person claiming by, through or under Tenant, which may be caused by or result from any of the following occurring on or after the Commencement Date: (a) any fire or breakageother casualty, (b) any action of wind, water, lightning or by any other of the elements, (c) any use, misuse and or abuse of the Improvements (including but not limited to, any of the common areas within the Improvements, equipment, elevators, hatches, openings, installations, stairways, hallwaysBuilding or any portion thereof, or other common facilities)acts or negligence of Tenant, any Subtenant, licensee, invitee or the streets and sidewalk area within the Land or which may arise from any other cause whatsoever. Landlord shall not be liable to Tenant or to any other Person for any failure of water supply, gas or electric current, nor for any injury or damage to any property contractor of Tenant or any Subtenant, happening on, in or about the Premises or the Parcels or their appurtenances (including, without limitation, street and sidewalk areas), (d) the condition of the Premises or the Parcels during the Term or any defect in the Land, any Building, the Equipment or any other equipment, machinery, wiring, apparatus or appliances whatsoever now or hereafter situate in, at, upon or about the Premises or the Parcels, or any leakage, bursting or breaking up of the same, (e) any failure or defect of water, heat, gas, chilled water, steam, electric light or power supply, or of any other Person apparatus, machinery or to the Property caused by or resulting from appliance in connection therewith, (f) any gasoline, oil, steam, gas, electricity, or hurricanechemicals, tornado, flood, wind or similar storms or disturbances, or water, rain rain, snow or snow mud which may leak leak, run or flow from xxx xxxxx, xxxxxxxx, xxxxxxx, subsurface areas and facilities, sewers, mains, pipes, conduits, Equipment, or any other facilities, equipment, machinery, wiring, apparatus or appliances whatsoever, now or hereafter situate in, at, upon, about or in the street, sewer, gas mains or subsurface area or from any part vicinity of the Land, Premises or leakage of gasoline Parcels or oil from pipes, storage tanks, appliances, sewer or plumbing works therein, or from (g) any other place, nor for interference with light or other incorporeal hereditaments by anybody, or caused by any public or quasi- public work. Nothing herein shall be construed to limit or waive in any way the sovereign immunity of Landlord, its officers, agents or employeescause whatsoever.