Common use of Landlord’s Exemption From Liability Clause in Contracts

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s business or loss of income therefrom, or for personal injury or property damage that maybe sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the Property) occurring in, or about the Premises or in or about the Property (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area part. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, defend and hold Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees and agents, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carriers. Provided, however, that the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, or dampness of any origin, that may leak leak, flow or flow emanate from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a partBuilding, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyCenter) occurring in, or about the Premises or in In or about the Property Center (including without limitation the criminal acts of any third parties). Except as set forth herein, Landlord shall not be liable for any latent defect in the Premises or in the building Building; provided that Landlord will correct any latent defect of which the Premises area partit has been notified by Tenant within a reasonable time period after such notice is received by Landlord. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, protect, hold harmless and defend and hold Landlord and Landlord’s officers, directors, shareholders, partners, members, principals, employees employees, agents, representatives, and agentsother related entities and individuals, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carriers. Provided, however, that the The indemnifications and waivers of Tenant set forth in this Section shall apply notwithstanding Landlord’s negligence, but shall not apply to damage and or liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s 's business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyCenter) occurring in, or about the Premises or in or about the Property Center (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area are a part. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, defend and hold Landlord and Landlord’s 's officers, directors, shareholders, partners, principals, employees and agents, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s 's insurance carriers. Provided, however, that the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s 's business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, conditioning or lighting fixtures or computer equipment or softwarefixtures, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyCenter) occurring inon, or about the Premises or in or about the Property Center (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area partare a party. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, defend and hold Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees and agents, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, same including subrogation claims by Tenant’s 's insurance carriers. Provided, however, that the indemnifications and waivers of Tenant set forth in forth, on this Section shall not apply to damage and liability caused (i) by the gross negligence or willful wilful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s 's business or loss of income therefrom, therefrom or for personal injury or property damage that maybe may be sustained by Tenant the person, merchandise or any subtenant Personal Property of Tenant, or their respective its employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipesthe Utility Installations, sprinklersAir Conditioning System or other components of the Premises or Shopping Center, wiresor as a result of the exercise by Landlord of its rights under the Lease, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether except to the extent that such damage or injury results from conditions arising upon loss is caused by Landlord's sole, active negligence or wilful misconduct. Landlord makes no representations or warranties whatsoever with respect to any Air Conditioning System or Utility Installations existing as of the date hereof or in the future except as expressly provided in Section 2.1. Landlord shall not be liable in damages or otherwise for any discontinuance, failure or interruption of service to the Premises of Utilities or upon other portions the Air Conditioning System and Tenant shall have no right to terminate the Lease or withhold rent because of the building of which the Premises are a part, or from other sources, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenantexcept as otherwise expressly provided for in this Section 17.4. Landlord shall not be liable for any damages to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants tenant or occupant, if any, of the PropertyShopping Center. Notwithstanding anything to the contrary contained in this Lease, if as a result of Landlord's or Landlord's agent's negligence, any utility or Air Conditioning System being furnished to Tenant is interrupted for more than seventy-two (72) occurring inconsecutive hours, or about then commencing with the Premises or in or about first full business day thereafter, there shall be an equitable abatement of Minimum Annual Rent and Additional Rent (except Percentage Rent) reflecting the Property (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect extent Tenant's ability to conduct business in the Premises or in is impaired, continuing until such time as the building of which utility service to the Premises area partis restored. All property Such abatement shall not affect any obligation of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, defend and hold Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees and agents, and their respective successors and assigns, harmless from and against any claims arising out of damage under this Lease to the same, including subrogation claims by Tenant’s insurance carriers. Provided, however, that the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licenseespay Percentage Rent.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, or dampness of any origin, that may leak leak, flow or flow emanate from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a partBuilding, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyCenter) occurring in, or about the Premises or in or about the Property Center (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area partBuilding. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, protect, hold harmless and defend and hold Landlord and Landlord’s officers, . directors, shareholders, partners, members, principals, employees employees, agents, representatives, and agentsother related entities and individuals, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carriers. Provided, however, that the The indemnifications and waivers of Tenant set forth in this Section shall apply notwithstanding Landlord’s negligence, but shall not apply to damage and or liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a partProject, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyProject) occurring in, or about the Premises or in or about the Property Project (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area partProject. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, protect, hold harmless and defend and hold Landlord and Landlord’s officers, directors, shareholders, partners, members, principals, employees employees, agents, representatives, and agentsother related entities and individuals, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carriers. Provided, however, that the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s 's business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, or dampness of any origin, that may leak leak, flow or flow emanate from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a partBuilding, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyCenter) occurring in, or about the Premises or in or about the Property Center (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area partBuilding. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, protect, hold harmless and defend and hold Landlord and Landlord’s 's officers, directors, shareholders, partners, members, principals, employees employees, agents, representatives, and agentsother related entities and individuals, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s 's insurance carriers. Provided, however, that the The indemnifications and waivers of Tenant set forth in this Section shall apply notwithstanding Landlord's negligence, but shall not apply to damage and or liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, or dampness of any origin, that may leak leak, flow or flow emanate from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a partBuilding, or from other sources, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to TenantTenant but the foregoing shall not extend to matters arising from Landlord’s gross negligence or willful misconduct. Landlord shall not be liable for any damages to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyCenter) occurring in, or about the Premises or in or about the Property Center (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area partBuilding. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, protect, hold harmless and defend and hold Landlord and LandlordXxxxxxxx’s officers, directors, shareholders, partners, members, principals, employees employees, agents, representatives, and agentsother related entities and individuals, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carriers. Provided, however, that the The indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and or liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s 's business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, or dampness of any origin, that may leak leak, flow or flow emanate from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a partBuilding, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyCenter) occurring in, or about the Premises or in or about the Property Center (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area partBuilding except for landlord negligence or willful misconduct. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, protect, hold harmless and defend and hold Landlord and Landlord’s Lxxxxxxx's officers, directors, shareholders, partners, members, principals, employees employees, agents, representatives, and agentsother related entities and individuals, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s Txxxxx's insurance carriers. Provided, however, that the The indemnifications and waivers of Tenant set forth in this Section shall apply notwithstanding Landlord's negligence, but shall not apply to damage and or liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.. 12.3

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyCenter) occurring in, or about the Premises or in or about the Property Center (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area partare a part except as provided herein. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, defend and hold Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees and agents, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carriers. Provided, however, that the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees. In the event that there are any latent defects in the plumbing and for electrical systems. Tenant shall be required to pay up to a maximum of Seven Thousand Five Hundred Dollars ($7,500.00) per incident. If there are multiple incidents and the incidents are unrelated (caused by different latent defects in the electrical and/or plumbing systems), then Tenant shall be required to pay a separate cap of Seven Thousand Five Hundred Dollars ($7,500.00) for each incident. If there are multiple incidents and the incidents are related or are reoccurring episodes of the same incident (caused by the same latent defect in the electrical and/or plumbing system), then the cap of Seven Thousand Five Hundred Dollars ($7,500.00) will only apply to the first incident and Landlord will cover the subsequent related, recurring remediation expenses.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s 's business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a partBuilding, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyCenter) occurring in, or about the Premises or in or about the Property Center (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area partBuilding. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, protect, hold harmless and defend and hold Landlord and Landlord’s 's officers, directors, shareholders, partners, members, principals, employees employees, agents, representatives, and agentsother related entities and individuals, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s 's insurance carriers. Provided, however, that the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building building(s) of which the Premises are a part, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyCenter) occurring in, or about the Premises or in or about the Property Center (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building building(s) of which the Premises area are a part. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, protect, hold harmless and defend and hold Landlord and Landlord’s officers, directors, shareholders, partners, members, principals, employees employees, agents, representatives, and agentsother related entities and individuals, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carriers. Provided, however, that the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s 's business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building building(s) of which the Premises are a part, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyCenter) occurring in, or about the Premises or in or about the Property Center (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building building(s) of which the Premises area are a part. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, protect, hold harmless and defend and hold Landlord and Landlord’s 's officers, directors, shareholders, partners, members, principals, employees employees, agents, representatives, and agentsother related entities and individuals, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s 's insurance carriers. Provided, however, that the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s 's business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, conditioning or lighting fixtures or computer equipment or softwarefixtures, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyCenter) occurring in, or about the Premises or in or about the Property Center (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area are a part. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, defend and hold Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees and agents, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s Xxxxxx's insurance carriers. Provided, however, that the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability caused (i) by the gross negligence or willful wilful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s 's business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a partBuilding, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyBuilding) occurring in, or about the Premises or in or about the Property Building (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area partBuilding. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, defend and hold Landlord and Landlord’s 's officers, directors, shareholders, partners, members, principals, employees and agents, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s 's insurance carriers. Provided, however, that the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s 's business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a partProject, or from other sources, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant, except to the extent caused by the gross negligence or intentional misconduct of Landlord or its contractors. Landlord shall not be liable for any damages to property or for personal injury or loss of life arising from any useuse by, act or failure to act of any third parties (including other occupants of the PropertyProject) occurring in, or about the Premises or in or about the Property Project (including without limitation the criminal acts of any third parties)) except Landlord’s agents and contractors. Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area partProject. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, protect, hold harmless and defend and hold Landlord and Landlord’s 's officers, directors, shareholders, partners, members, principals, employees employees, agents, representatives, and agentsother related entities and individuals, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s 's insurance carriers. Provided, however, that carriers except to the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability extent caused (i) by the gross gross, negligence or willful intentional misconduct of Landlord, and (ii) through no fault of Tenant, Landlord or its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s 's business or loss of income therefrom, therefrom or for personal injury or property damage that maybe may be sustained by Tenant the person, merchandise or any subtenant Personal Property of Tenant, or their respective its employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipesthe Utility Installations, sprinklersAir Conditioning System or other components of the Premises or Shopping Center, wiresor as a result of the exercise by Landlord of its rights under this Lease, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether except to the extent that such damage or injury results from conditions arising upon loss is caused by Landlord's sole, active negligence or willful misconduct. Landlord makes no representations or warranties whatsoever with respect to any Air Conditioning System or Utility Installations existing as of the date hereof or in the future except as expressly provided in Section 2.1; provided, however, in no event is the foregoing intended to diminish Landlord's obligation to perform Landlord's Work subject to the specifications provided in Exhibit C. Landlord shall not be liable in damages or otherwise for any discontinuance, failure or interruption of service to the Premises of Utilities or upon other portions the Air Conditioning System and Tenant shall have no right to terminate this Lease or withhold rent because of the building of which the Premises are a part, or from other sources, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenantexcept as otherwise expressly provided for in this Section 17.4. Landlord shall not be liable for any damages to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants tenant or occupant, if any, of the PropertyShopping Center. Notwithstanding anything to the contrary contained in this Lease, if as a result of Landlord's or Landlord's agent's negligence, any utility or Air Conditioning System being furnished to Tenant is interrupted for more than seventy-two (72) occurring inconsecutive hours, or about then commencing with the Premises or in or about first full business day thereafter, there shall be an equitable abatement of Minimum Annual Rent and Additional Rent (except Percentage Rent) reflecting the Property (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect extent Tenant's ability to conduct business in the Premises or in is impaired, continuing until such time as the building of which utility service to the Premises area partis restored. All property Such abatement shall not affect any obligation of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, defend and hold Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees and agents, and their respective successors and assigns, harmless from and against any claims arising out of damage under this Lease to the same, including subrogation claims by Tenant’s insurance carriers. Provided, however, that the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licenseespay Percentage Rental.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s 's business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, conditioning or lighting fixtures or computer equipment or softwarefixtures, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyCenter) occurring in, or about the Premises or in or about the Property Center (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area are a part. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, defend and hold Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees and agents, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s 's insurance carriers. Provided, however, that the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability caused (i) by the gross negligence or willful wilful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, or dampness of any origin, that may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a partBuilding, or from other sources, 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 to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyBuilding) occurring in, or about the Premises or in or about the Property Building (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area partBuilding. All property of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, protect, hold harmless and defend and hold Landlord and Landlord’s officers, directors, shareholders, partners, members, principals, employees employees, agents, representatives, and agentsother related entities and individuals, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carriers. Provided, however, that the The indemnifications and waivers of Tenant set forth in this Section shall apply notwithstanding Landlord’s negligence, but shall not apply to damage and liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s 's business or loss of income therefrom, therefrom or for personal injury or property damage that maybe may be sustained by Tenant the person, merchandise or any subtenant Personal Property of Tenant, or their respective its employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, gas, water or rain, that which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipesthe Utility Installations, sprinklersAir Conditioning System or other components of the Premises or Shopping Center, wiresor as a result of the exercise by Landlord of its rights under this Lease, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether except to the extent that such damage or injury results from conditions arising upon loss is caused by Xxxxxxxx's sole, active negligence or willful misconduct. Landlord makes no representations or warranties whatsoever with respect to any Air Conditioning System or Utility Installations existing as of the date hereof or in the future except as expressly provided in Section 2.1; provided, however, in no event is the foregoing intended to diminish Landlord's obligation to perform Landlord's Work subject to the specifications provided in Exhibit C. Landlord shall not be liable in damages or otherwise for any discontinuance, failure or interruption of service to the Premises of Utilities or upon other portions the Air Conditioning System and Tenant shall have no right to terminate this Lease or withhold rent because of the building of which the Premises are a part, or from other sources, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenantexcept as otherwise expressly provided for in this Section 17.4. Landlord shall not be liable for any damages to property or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants tenant or occupant, if any, of the PropertyShopping Center. Notwithstanding anything to the contrary contained in this Lease, if as a result of Landlord's or Landlord's agent's negligence, any utility or Air Conditioning System being furnished to Tenant is interrupted for more than seventy-two (72) occurring inconsecutive hours, or about then commencing with the Premises or in or about first full business day thereafter, there shall be an equitable abatement of Minimum Annual Rent and Additional Rent (except Percentage Rent) reflecting the Property (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect extent Tenant's ability to conduct business in the Premises or in is impaired, continuing until such time as the building of which utility service to the Premises area partis restored. All property Such abatement shall not affect any obligation of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, defend and hold Landlord and Landlord’s officers, directors, shareholders, partners, principals, employees and agents, and their respective successors and assigns, harmless from and against any claims arising out of damage under this Lease to the same, including subrogation claims by Tenant’s insurance carriers. Provided, however, that the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licenseespay Percentage Rental.

Landlord’s Exemption From Liability. Landlord shall not be liable for injury to Tenant’s 's business or loss of income therefrom, or for personal injury or property damage that maybe may be sustained by Tenant or any subtenant of Tenant, or their respective employees, invitees, customers, agents or contractors or any other person in or about the Premises, caused by or resulting from fire, flood, earthquake or other natural disaster, or from steam, electricity, electricity gas, water or rain, that may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning, lighting fixtures or computer equipment or software, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources, 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 to property properly or for personal injury or loss of life arising from any use, act or failure to act of any third parties (including other occupants of the PropertyCenter) occurring in, or about the Premises or in or about the Property Center (including without limitation the criminal acts of any third parties). Landlord shall not be liable for any latent defect in the Premises or in the building of which the Premises area are a part. All property properly of Tenant kept or stored on the Premises shall be so kept or stored at the risk of Tenant only, and Tenant shall indemnify, defend and hold Landlord and Landlord’s 's officers, directors, shareholders, partners, principals, employees and agents, and their respective successors and assigns, harmless from and against any claims arising out of damage to the same, including subrogation claims by Tenant’s 's insurance carrierscarrierx. ProvidedXxxvided, however, that the indemnifications and waivers of Tenant set forth in this Section shall not apply to damage and liability caused (i) by the gross negligence or willful misconduct of Landlord, and (ii) through no fault of Tenant, its assignees or subtenants, or their respective agents, contractors, employees, customers, invitees or licensees.