LANDLORD'S NON-LIABILITY. Subject to the express indemnity obligations of Section 10.3 (b) of this Lease, Landlord shall not be liable to Tenant, its employees, agents and invitees, and Tenant hereby waives all claims against Landlord for loss of or damage to any property, or any injury to any person, or any other loss, cost, damage, injury or liability whatsoever resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak or flow from or into any part of the Building or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning, electrical works or other fixtures in the Building, whether the damage or injury results from conditions arising in the Premises or in other portions of the Project. Notwithstanding any provision of this Lease to the contrary, and regardless of the negligence or willful misconduct of Landlord or its employees, or authorized agents or a default by Landlord of its obligations under this Lease, Landlord shall in no event be liable to Tenant, its employees, agents or invitees and Tenant hereby waives all claims against Landlord, for loss or interruption of Tenant's business or income (including, without limitation, any consequential damages and lost profit or opportunity costs), or for any loss, cost, damage, injury or liability resulting from Acts of God (except with respect to restoration obligations pursuant to Article XI below), acts of civil disobedience or insurrection, acts or omissions (criminal or otherwise) of any third parties, including, without limitation, any other tenants within the Project or their agents, employees, contractors, guests or invitees. It is understood that any such condition may require the temporary evacuation or closure of all or a portion of the Building. Except as provided in this Lease, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business (including, without limitation, consequential damages and lost profit or opportunity costs) arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business in the Premises. Nei...
LANDLORD'S NON-LIABILITY. Except as is specifically provided for herein: Landlord shall not be liable or responsible for any loss or damage to any property regardless of its nature or ownership at any time on or about the Premises arising from any cause or reason whatsoever. Nor shall Landlord be liable or responsible for any harm or injury (including death) to any person at any time on or about the Premises, arising from any cause or reason whatsoever. Tenant shall not hold Landlord in any way responsible or liable therefor and hereby releases and remises Landlord therefrom. Without limiting or diminishing Landlord's non-liability as provided for herein, Landlord shall not be responsible or liable to Tenant, its employees, invitees, agents, or any other party for any loss or damage to any property or harm or injury to any persons (including death): (a) which is and/or should have been covered by an insurance policy required of Tenant or which Tenant failed to obtain or keep in force and effect; (b) caused by work stoppages, business interruptions, or similar events; (c) caused by other Tenants, its agents, invitees, employees, and similar parties; (d) caused by operations in construction of any private, public or quasi-public works; (e) caused by any latent or patent defects in the Premises or in any part of the building of which the Premises may form a part; (f) arising out of the design or construction of the Premises; (g) caused by snow, wind, rain, leakage, and similar events into or out of any portion of the Premises; (h) caused by leakage, overflows, obstructions, blockages, explosions, collapse, bursts, surges, and similar events of any mechanical, structural, or other component and/or part thereof; (i) arising from or caused by Tenant's business operation, occupancy and/or use of the Premises and/or the streets, rights of way, and walkways adjacent thereto, or any other similar reason. All non-liability, waivers of liability, and save and hold harmless references in this Lease given Cherry Hill Industrial Sites, Inc., as Landlord, shall apply to (a) Cherry Hill Industrial Sites, Inc., as General Contractor, Designer, Contractor, or Subcontractor; and (b) any partner, joint venturer, director, officer, agent, stockholder, and employee of Cherry Hill Industrial Sites, Inc.
LANDLORD'S NON-LIABILITY. Landlord shall not be liable for any loss, damage or injury of any kind to any person or property arising from any use of the Leased Premises, or any part thereof, or caused by any defect in any building, structure or other improvement thereon or in any equipment or other facility therein, or caused by or arising from any act or omission of Tenant or any of its agents, employees, licensees or invitees, or by or from any accident on the Leased Premises or any fire or other casualty thereon, or occasioned by the failure of Tenant to maintain the Leased Premises and all improvements thereto in a safe condition, or arising from any other cause except where caused by the sole negligence of Landlord, its agents or employees.
LANDLORD'S NON-LIABILITY. Landlord is not liable for injury, damage, or loss, however caused, to any property or person on Residence. This includes, but is not limited to, damage to possessions, liability, or extra living expenses in the event of forced evacuation of the Residence caused by natural disaster, fire, theft, smoke or water damage; Tenant acknowledges Landlord's recommendation to obtain insurance for his or her protection against such risks; Landlord provides no insurance for property of Tenant. The Tenant hereby assumes full responsibility for all claims and risks, including but not limited to, those risks normally covered in standard "Renter’s insurance" policies.
LANDLORD'S NON-LIABILITY. Landlord shall not be liable to Tenant, or any other person in the Leased Premises, in the Building or upon the Real Estate (including, without limitation, the Boat Ramp Area) by Tenant's consent, invitation or license, express or implied, for any damage either to person or property sustained by reason of the condition of the Leased Premises, the Building or the Real Estate, or any part thereof, or arising from the bursting or leaking of any water, gas, sewer or steam pipes, or due to any act or neglect of any other occupant of the Building or other person therein, or due to
LANDLORD'S NON-LIABILITY. Tenant's Own Insurance. Tenant hereby waives all right of recovery which it might have against Landlord, Landlord's agents and employees, for loss or damage to Tenant's furniture, furnishings, fixtures, equipment, chattels and articles of personal property located on the Demised Premises, nor shall Landlord be liable for any business interruption, or injury to or death of persons occurring in the Demised Premises, or in any manner growing out of or in connection with Tenant's use and occupation of the leased premises or the condition thereof, notwithstanding that such loss or damage may result from the negligence or fault of Landlord. Tenant shall obtain insurance policies covering its furnishings, fixtures, equipment and articles of personal property (collectively, "Personal Property") in the Demised Premises, and Tenant shall either cause Landlord to be named as an insured party under such policies (without entitling Landlord to receive any loss proceeds thereof) or obtain the insurer's waiver of all rights of subrogation against Landlord with respect to losses insured under such policies. Tenant shall advise Landlord promptly of the applicable provisions of such insurance policies and notify Landlord promptly of any cancellation or change therein. All insurance carried by Tenant as to the Demised Premises or as to any property located thereon or therein, whether or not such insurance is carried pursuant to this Lease, shall provide that the insurer waives all rights of subrogation against Landlord with respect to losses insured under such policies.
LANDLORD'S NON-LIABILITY. As a consideration for the making of the Lease, the Landlord shall not be liable for any failure of water supply or electric current, nor for injury or damage which may be sustained to any person or property by the Tenant or any other person caused by or resulting from steam, electricity, gas, water, rain, ice, hail or snow which may leak or flow from or into any part of said building or from the breakage, leakage, obstruction or other defect of the pipes, wiring, appliances, plumbing or lighting fixtures of the same, the condition of said premises or any part thereof, or from the street or subsurface, or from any other source of cause whatsoever, whether the same damage or injury shall be caused by or be due to the negligence of the Landlord, the Landlord's agent, servant or employee. "Notwithstanding anything else herein to the contrary, the Landlord shall be liable for any injuries or damages arising out of its gross negligence or willful misconduct."
ARTICLE 7 RESTORATION OF DEMISED PREMISES IN THE EVENT OF FIRE OR OTHER CASUALTY
Section 7.01 No Abatement No damage to the Building by fire or other casualty shall terminate the Lease or relieve Tenant either from payment of Basic Rent, Impositions and Additional Rent, or from the performance of Tenant's other obligations hereunder. Notwithstanding anything herein to the contrary, Tenant shall be entitled to be reimbursed for Basic Rent and Additional Rent to the extent Tenant has paid same to Landlord and to the extent Landlord collects same from Tenant's insurance company.
LANDLORD'S NON-LIABILITY. Tenant agrees to use and occupy the Premises at its own risk and hereby releases, to the full extent permitted by law, Landlord and Landlord’s agents, servants, contractors, and employees, from all claims and demands of every kind resulting from any accident, damage or injury occurring therein or thereon. Landlord shall not be liable to Tenant or to Tenant’s employees, patrons or visitors for any damage to persons or property caused by any act, omission or neglect of Tenant, its agents or employees. Landlord shall not be responsible or liable for any loss or damage to any property or person on the Premises occasioned by theft, fire, water, acts of God, strike, court or administrative order, or any other matter beyond Landlord’s control.
LANDLORD'S NON-LIABILITY. Landlord shall not be liable to Tenant or its agents or employees or any other person in the Leased Premises or in the Building by Tenant's consent, invitation or license, express or implied, for any damage to property or injury to or death of any person sustained by reason of the condition of the Leased Premises or the Building, or any part thereof, or arising from the bursting or leaking of any water, gas, sewer or steam pipes, or due to any act or neglect of a co-tenant or other occupant of the Building or other person therein (except for Landlord, its agents and employees), or due to any casualty or accident in or about the Building, irrespective of the cause of such damage or injury and whether or not caused, or alleged to be caused, in whole or in part, by the joint or several negligence of Landlord, its agents or employees, except to the extent caused by the sole negligence or willful misconduct of Landlord, or its agents, employees or invitees as determined by a final non-appealable judgement. No such occurrence shall be deemed to be an actual or constructive eviction from the Leased Premises or result in an abatement of rental except as provided in Article IX.
LANDLORD'S NON-LIABILITY. Except as otherwise provided by law, LANDLORD shall not be liable for damages to persons or property sustained by the TENANT or TENANT’S employees, servants, invitees or other persons due to the premises becoming out of repair or arising from bursting, stoppage or leakage of gas, steam, water or sewer pipes, or from defective wiring, unless such damage is proximately caused by the negligence of LANDLORD. LANDLORD shall not be responsible or liable to TENANT for any loss or damage that may be occasioned by or through acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the leased premises, unless such liability arises from LANDLORD’S failure to perform a duty or negligent performance of a duty imposed by law. In addition, LANDLORD shall not be liable for any damage or injury to any person or property which occurs on the premises resulting form the use of the playground, recreational facilities, or common ground areas, if provided, of LANDLORD unless such damage or injury shall be caused by LANDLORD’S failure to perform a duty or negligent performance of a duty imposed by law.
