Common use of LIABILITY OF LANDLORD Clause in Contracts

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, Landlord and Landlord’s Representatives shall not be liable to Tenant or any other person or entity for any damage, injury, loss or claim based on or arising out of any cause whatsoever, including the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided Notwithstanding anything contained in this Article XVLease to the contrary, Xxxxxx agrees that it shall look solely to the estate and property of Landlord in the building of which the Demised Premises is a part, subject to prior rights of any mortgagee or trustee of the Property, for the collection of any judgment (or other judicial process) requiring the payment of money by Landlord in the event of any default or breach by Landlord with respect to any of the terms, covenants and conditions of this Lease to be observed and/or performed by Landlord and Landlord’s Representatives no other assets of Landlord shall be subject to levy, execution or other procedures for the satisfaction of Xxxxxx's remedies. In the event Landlord transfers this Lease, except as collateral security for a loan, upon such transfer Landlord will be released from all liability and obligations hereunder, provided that the transferee assumes the obligations of this Lease. All Tenant's property of every kind and description which may at any time be in the Demised Premises shall be kept at Tenant's sole risk, and Landlord shall not (except in the case of Landlord's negligence and through no fault of Tenant) be liable to Tenant Tenant, its agents, employees or any other person or entity customers, for any damage, injuryloss, loss compensation, accident, or claim based on claims whatsoever resulting to Tenant or arising out its property from the necessity of any cause whatsoever, including the following: repair to repairing any portion of the Premises Building or the Buildingproperty; any interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatusProperty; termination of this Lease by reason of damage to the Premises or destruction of the BuildingProperty; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part or portion of the Premises or the Building from Property; any water, rainwind, ice rain or snow that may leak into, or flow from, from part of the Property; any acts or omissions of any occupant of any space adjacent to or adjoining all or any part of the Demised Premises or any part of the Buildingbuilding of which the Demised Premises are a part; any explosion, casualty, utility failure or malfunction, or from falling plaster; the bursting, stoppage or leakage of any pipes, sewer pipes, drains, pipes conduits, appliances or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant works; or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Leaseother cause whatsoever.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, Landlord and Landlord’s Representatives shall not be liable to Tenant or any other person or entity for any damage, injury, loss or claim based on or arising out of any cause whatsoeverwhatsoever (except for the gross negligence or willful misconduct of Landlord or the Landlord’s Representatives, or as otherwise provided in this Section or in the Lease), including the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent of Tenant’s Agents in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, Landlord and Landlord’s Representatives shall not be liable to Tenant or any other person or entity for any damage, injury, loss or claim based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV16.1 Landlord, Landlord its partners, members, employees, agents and Landlord’s Representatives independent contractors shall not be liable to Tenant Tenant, any Invitee (as defined in Section 8.1 above) or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise expressly provided in this Section), including without limitation the following: repair to any portion of the Premises Premises, the Building or the BuildingLand; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage, plumbing or plumbing other equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance disappearance, fire or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability of Landlord to furnish any utility or service specified in this Lease; and or leakage in any part of the Premises or the Building Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property stored or placed by Tenant or any Agent Invitees in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible thereforliable for any loss or damage thereto or theft thereof. Any person receiving an If any employee of Landlord receives any package or article delivered for Tenant Tenant, then such employee shall be acting as Tenant’s 's agent for such purpose and not as Landlord’s 's agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person damage caused by the negligence or Landlord's willful misconduct of Landlord or Landlord’s Representatives gross negligence, to the extent such injury damage is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither in no event shall Landlord nor have any of Landlord’s Representatives liability to Tenant, any Invitee or other person or entity for (nor any pasti) lost revenues or profits, present or future board member, partner, trustee, director, member, officer, employee, agent, representative (ii) indirect or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Leasedamages.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, Landlord and Landlord’s 's Representatives shall not be liable to Tenant or any other person or entity for any damage, injury, loss or claim based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s 's agent for such purpose and not as Landlord’s 's agent. For purposes of this Article, the term “"Building” " shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s 's Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s 's Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in to the extent caused by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives or a breach of Landlord’s obligations under this Article XVLease, Landlord and neither Landlord, nor its agents or Landlord’s Representatives shall not be liable to Tenant or any other person or entity for any damage, injury, loss or claim based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section 15.1), including the following: repair to any portion of the Premises Premises, the Building or the BuildingLand; interruption in the use of the Premises or Premises, the Building or the Land or any equipment thereintherein and thereon; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises Premises, the Building or the BuildingLand; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) Tenant shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease, except for Tenant’s liability under Article XXII hereof (Holdover).

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV16.1 Landlord, Landlord its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability of Landlord to furnish any utility or service specified in this Lease; and leakage in any part of the Premises or the Building Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property stored or placed by Tenant or any Agent Invitees in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an If any employee of Landlord receives any package or article delivered for Tenant Tenant, then such employee shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability liability, if any, to Tenant for any physical injury to any natural person damage caused by the negligence or willful misconduct or gross negligence of Landlord Landlord, its employees or Landlord’s Representatives agents, to the extent such injury damage is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, Landlord and Landlord’s Representatives shall not be liable to Tenant or any other person or entity its Invitees for any damage, injury, loss, compensation or claim, including but not limited to claims for the interruption of or loss or claim to Tenant’s business, based on or on, arising out of or resulting from any cause whatsoever, including but not limited to the following: repair repairs to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment thereinPremises; any accident or damage resulting from any the use or operation (by Landlord, Tenant or any other person or entitypersons) of elevators elevators, or of the heating, cooling, electrical, sewage electrical or plumbing equipment or apparatus; the termination of this Lease by reason of damage to the destruction of the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; the actions of any other tenant tenants of the Building or of any other person or entity; failure or inability to furnish any service specified in this Leasepersons; and any leakage in any part or portion of the Premises or the Building Building, or from water, rain, ice rain or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive evictionAny goods, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted property or is entitled to a rent abatement. Any property personal effects stored or placed by Tenant or any Agent its employees in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person It is understood that the employees of Landlord are prohibited from receiving an article any packages or other articles delivered to the Building for Tenant Tenant, and if any such employee receives any such package or articles, such employee shall be acting as Tenant’s the agent of Tenant for such purpose purposes and not as the agent of Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this SectionSection 15.1 to the contrary, Landlord shall not be released from liability to Tenant for any physical damage or injury to any natural person caused by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (its employees, agents or such person) or required by this Lease to be carried by Tenantcontractors; provided, however, that neither in no event shall Landlord nor have any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable liability to Tenant for any exemplary, punitive, consequential or indirect damages (or for any claims based on the interruption of or loss to business) in connection with Tenant’s business or relating to this Leasefor any indirect losses or consequential damages or punitive damages or other special damages whatsoever.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVLandlord, Landlord its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service or utility specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which that may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent Invitees in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an If any employee of Landlord receives any package or article delivered for Tenant Tenant, then such employee shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person and/or damage to property caused by the Landlord’s negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either (a) carried by Tenant (or such person, or (b) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 14.1 Except as otherwise provided set forth in this Article XVLease, Landlord and Landlord’s Representatives shall not be liable to Tenant Tenant, any Agent or any other person or entity for any and all damage, injury, loss or claim based on or arising out of any cause whatsoever, including without limitation the following: repair to any portion of the Premises or the Building(except for Landlord’s maintenance, repair and replacement obligations as set forth in Article VIII above); interruption in the use of the Premises or the Building or any equipment thereintherein (except for Landlord’s obligations as set forth in Article XIII above); any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatusapparatus (except for Landlord’s obligations as set forth in Article XIII above); termination of this Lease by reason of damage to the Premises Premises, the Building or the Office Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or the Office Building or of any other person or entity; failure or inability to furnish any service specified in this LeaseLease (except for Landlord’s obligations to provide services and utilities as provided in Article XIII); and leakage in any part of the Premises Premises, the Building or the Office Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises Premises, the Building or the Office Building, or from drains, pipes or plumbing fixtures in the Premises Premises, the Building or the Office Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises Premises, the Building or the Office Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this ArticleArticle XIV, the term “Building” shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this SectionSection 14.1, and subject to Section 12.2(b) above, Landlord shall not be released from liability (a) to Tenant for any physical injury to any natural person or damage to Tenant’s personal property caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives Representatives, provided that for damage to personal property, Landlord shall only be liable to the extent that such injury damage is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by TenantTenant or (b) to the extent resulting from the breach or default by Landlord of its representations, warranties, covenants, duties and/or obligations under this Lease; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances under this Lease (including, without limitation, with respect to its reimbursement and indemnity obligations set forth in Section 14.2(b) below) be liable for for: (i) any exemplary, punitive, exemplary or punitive damages or (ii) any consequential or indirect damages (or for any interruption of or loss to business) to the extent that (A) Landlord is not covered therefor by insurance carried, or required to be carried under CONFIDENTIAL MATERIAL HAS BEEN OMMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISION. BOXES AND ASTERIXES DENOTE SUCH OMISSION this Lease, and (B) provided that Landlord is carrying such required insurance, Landlord does not receive proceeds therefor, all in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 14.1 Except as otherwise provided expressly set forth in this Article XVLease and without limiting or reducing Tenant's rights under the Development Agreement, Landlord and Landlord’s Representatives shall not be liable to Tenant Tenant, its employees, agents, business invitees, licensees, customers, clients, family members or any other person or entity guests for any damage, injury, loss, compensation or claim, including, but not limited to, claims for the interruption of or loss or claim to Tenant's business, based on or on, arising out of or resulting from any cause whatsoeverwhatsoever (except as hereinbelow set forth), including but not limited to the following: repair (i) repairs to any portion of the Premises or the Building; (ii) interruption in the use of the Premises or the Building or any equipment thereinPremises; (iii) any accident or damage resulting from any the use or operation (by Landlord, Tenant or any other person or entitypersons) of elevators elevators, or of the heating, cooling, electrical, sewage electrical or plumbing equipment or apparatus; (iv) the termination of this Lease by reason of damage to the destruction of the Premises or the Building; (v) any fire, robbery, theft, vandalism, mysterious disappearance or and/or any other casualty; (vi) the actions of any other tenant of tenants in the Building Building, if any, or of any other person or entity; failure or inability to furnish any service specified in this Leasepersons; and (vii) any leakage in any part or portion of the Premises or the Building Building, or from water, rain, ice rain or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor shall not be released pursuant to this Section 14.1 from any liability (a) resulting directly from Landlord's breach of, or default, beyond any applicable notice and cure period, as to, any of its covenants or other obligations under this Lease, or (b) subject to Section 12.4(a) above, property damage, personal injury or death caused directly by Landlord’s Representatives 's or its employees' negligence or willful misconduct or the gross negligence or willful misconduct of Landlord's contractors or agents. In no event (nor notwithstanding anything in the immediately-preceding sentence to the contrary) hall Landlord have any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable liability to Tenant for any exemplary, punitive, consequential or indirect damages (or for any claims based on the interruption of or loss to business) in connection with Tenant's business or relating to this Leaseconsequential damages or indirect losses whatsoever.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV10.1 Landlord, Landlord its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, its employees, agents, invitees or any other person or entity claiming through Tenant for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss of business) based on or arising out of any cause whatsoever, whatsoever including without limitation the following: (a) repair to any portion of the Premises or the Building; (b) interruption in the use of the Premises or the Building or any equipment therein; (c) any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; (d) termination of this Lease by reason of damage to the Premises or the Buildingbuilding; any (e) fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; (f) actions of any other tenant of the Building or of any other person or entity; (g) failure or inability of Landlord to furnish any utility or service specified in this Lease; and (h) leakage in any part of the Premises or the Building Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted All personal property stored or is entitled to a rent abatement. Any property placed by Tenant tenant or its employees, agents, invitees or any Agent other person or entity claiming through Tenant in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered Landlord shall not be liable in damages, nor shall this Lease be affected, for Tenant shall conditions arising or resulting from, and which may affect the Building of which the Premises are a part, construction of contiguous premises. Landlord assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be acting as Tenant’s agent for such purpose and not as Landlord’s agentconducted in the Premises. For purposes of this ArticleSection, the term “"Building” " shall be deemed to include the Building, land on which the Land and the Parking FacilitiesBuilding is located ("Land"). Notwithstanding the foregoing provisions of this Sectionforegoing, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused solely by the Landlord's, or its employees' or agents' gross negligence or willful misconduct of Landlord or Landlord’s Representatives except to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any Article XVIII of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.this

LIABILITY OF LANDLORD. 15.1 12.1 Except as provided otherwise provided below in this Article XVSection 12.1, Landlord and Landlord’s Representatives the other Landlord Parties (defined hereinafter) shall not be liable to Tenant Tenant, any invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoever, including without limitation the following: repair to any portion of the Premises or the BuildingPremises; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage, or plumbing or mechanical equipment or apparatus; termination of this Lease by reason of damage to the Premises or the BuildingPremises; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice ice, snow or snow other cause that may leak into, or flow from, any part of the Premises or the BuildingPremises, or from drains, pipes or plumbing fixtures in the Premises Premises. Notwithstanding the foregoing, Landlord shall be responsible for personal injury or property damage to the Building. If extent resulting from Xxxxxxxx's negligence or willful misconduct to the extent such personal injury or property damage is not covered by the insurance actually carried by Tenant or required to be carried by Tenant under this Lease, but in any condition exists which may event expressly subject to the last grammatical sentence of Section 7.4 above, which, in the event of any conflict between the terms thereof and the terms of this Section 12.1, shall control; provided however, that notwithstanding anything contained herein to the contrary, Xxxxxx agrees that if such personal injury or property damage is also determined to be the basis of a claim of constructive evictioncaused, in whole or in part, by Tenant or by Tenant’s agents, then Tenant shall give Landlord written notice thereof and a reasonable opportunity still be responsible for the proportionate cost of any liability allocated to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatementits agents. Any property placed by Tenant or any Agent invitees in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided Notwithstanding anything to the contrary herein, neither Landlord, nor any director, employee, officer, trustee or direct or indirect beneficial owner of Landlord or of any parent or other affiliate of Landlord or any of their respective directors, employees, officers or trustees shall have any personal liability with respect to any provision of this Lease, or any obligation or liability arising hereunder or in connection herewith and none of their assets (other than the Demised Premises) shall be subject to levy, execution or other judicial process for the satisfaction of Tenant’s claims. Tenant shall look solely to the equity of the then owner of the Demised Premises in the Demised Premises (or if the interest of the Landlord is a leasehold interest, Tenant shall look solely to such leasehold interest) for the satisfaction of any remedies of Tenant in the event of a breach by the Landlord of any of its obligations. Such exculpation of liability shall be absolute and without any exception whatsoever. With respect to any provision of this Article XVLease which provides, in effect, that Landlord and Landlord’s Representatives shall not unreasonably withhold or unreasonably delay any consent or any approval, Tenant, in no event, shall be entitled to make, nor shall Tenant make, any claim for, and Tenant hereby waives any claim for money damages; nor shall Tenant claim any money damages by way of setoff, counterclaim or defense, based upon any claim or assertion by Tenant that Landlord has unreasonably withheld or unreasonably delayed any consent or approval; but Xxxxxx’s sole remedy shall be an action or proceeding to enforce any such provision, or for specific performance, injunction or declaratory judgment. All property (whether real, personal or mixed) at any time located in or upon the Demised Premises shall be at the risk of the Tenant only, and Landlord shall not become liable for any damage to Tenant said property or to Tenant, or to any other person or entity property, caused by water leakage, steam, sewerage, gas or odors or for any damagedamage whatsoever done or occasioned by or from any boiler, injuryplumbing, loss gas, water, steam or claim based on other pipes, or any fixtures or equipment or appurtenances whatsoever, or for any damage arising from any act or neglect or arising out of any cause whatsoever, including the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the use of, or any defect in, the Demised Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building fixtures, equipment or appurtenances therein contained, or by the act or neglect of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage caused in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any other manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Leasewhatsoever.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVVIII, or for any Costs incurred as a result of Landlords gross negligence or willful misconduct, Landlord and Landlord’s Representatives shall not be liable to Tenant or any other person or entity for any damage, injury, loss or claim based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except Unless due to the negligence or willful misconduct of Landlord and/or Landlord's Parties, but subject to the mutual waiver of claims and subrogation contained herein, and unless due to the breach of Landlord's obligations under this Lease, Landlord and Landlord's Agents shall not, except as otherwise provided in this Article XVLease, Landlord and Landlord’s Representatives shall not be liable to Tenant or any other person or entity for any damageof Tenant's property damage (including any consequential or punitive damages therefrom), injury, or property loss or property claim based on or arising out of any cause whatsoeverwhatsoever including, including without limitation, the following: repair to any portion of the Premises or the BuildingProperty; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the BuildingProperty; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building Property from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the BuildingProperty, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may Property, and none of the foregoing shall be the basis of deemed a claim of constructive eviction, then constitute a breach of any implied warranty, or entitle Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted any abatement of Rent or is entitled to a rent abatementotherwise effect any of Tenant's obligations hereunder. Any property placed by Tenant or any Agent Tenant's Agents in or about the Premises or any other portion of the Building Property, or in any vehicle parked at the Property, shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s 's agent for such purpose and not as Landlord’s 's agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this SectionSection 15.1, Landlord shall not be released from liability to Tenant for any physical injury to any natural person or to property (subject to the provisions of Section 13.1(f) hereof) caused by the Landlord's gross negligence or willful misconduct of Landlord or Landlord’s Representatives misconduct, to the extent such injury is not covered by insurance either (a) carried by Tenant (or such person, or (b) or required by this Lease to be carried by TenantTenant (whether or not Tenant carries such required insurance); provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall not under any circumstances be liable to Tenant for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Leasedamages.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVLandlord, Landlord its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss loss, or claim (including claims for the interruption of or loss to Tenant’s business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including but not limited to the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any the use or operation (by Landlord, Tenant or any other person or entity) of elevators or the heating, cooling, electrical, sewage sewerage, or plumbing equipment or apparatus; termination of this Lease by reason of damage to the destruction of the Premises or the Building; failure or inability to furnish any service specified in this Lease; any fire, robbery, theft, vandalism, mysterious disappearance or and/or any other casualty; actions of any other tenant tenants of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent Invitee in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an If any employee of Landlord receives any package or article delivered for Tenant Tenant, then such employee shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.’s

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, Landlord and Landlord’s Representatives its employees and agents shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing or mechanical equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice ice, snow or snow other cause that may leak into, or flow from, any part of the Premises or the BuildingBuilding or the Land, or from drains, pipes or plumbing fixtures in the Premises or the BuildingBuilding or the Land. If any condition exists which may that might be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent Invitees in or about the Premises Premises, the Building or the Building Land shall be at the sole risk of Tenant, and Landlord shall not be responsible therefor in any manner be held responsible thereformanner. Any person receiving an If any employee of Landlord receives any package or article delivered for Tenant Tenant, then such employee shall be acting as Tenant’s 's agent for such purpose and not as Landlord’s 's agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or Landlord's willful misconduct of Landlord or Landlord’s Representatives negligence to the extent such injury is not covered by insurance either (a) carried by Tenant (or such personperson or (b) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVLandlord, Landlord its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect, special, punitive, and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoever, including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent Invitee in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as TenantXxxxxx’s agent for such purpose and not as LandlordXxxxxxxx’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this LeaseLand.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVLandlord, Landlord its members, employees, agents and Landlord’s Representatives mortgagees, except for gross negligence or willful misconduct, shall not be liable to Tenant Tenant, any invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service or utility specified in this Leaselease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which that may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent Invitees in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an If any employee of Landlord receives any package or article delivered for Tenant Tenant, then such employee shall be acting as Tenant’s 's agent for such purpose and not as Landlord’s 's agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease."

LIABILITY OF LANDLORD. 15.1 Except as otherwise specifically provided for in this Article XVSection, Landlord Landlord, its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and except with respect to actual damages (but in no event any consequential or special damages) resulting from the gross negligence or willful misconduct of Landlord or any of its employees or agents, leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent Invitee in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 17.1 Except as otherwise provided in this Article XVexpressly set forth herein, Landlord Landlord, its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, its employees, agents, invitees or any other person or entity claiming through Tenant for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; apparatus termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability of Landlord to furnish any utility or service specified in this Lease; and leakage in any part of the Premises or the Building Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property stored or placed by Tenant or its employees, agents, invitees or any Agent other person or entity claiming through Tenant in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an If any employee of Landlord receives any package or article delivered for Tenant Tenant, then such employee shall be acting as Tenant’s 's agent for such purpose and not as Landlord’s 's agent. , For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease."

LIABILITY OF LANDLORD. 15.1 14.1 Except as otherwise provided expressly set forth in this Article XVLease and without limiting or reducing Tenant's rights under the Development Agreement, Landlord and Landlord’s Representatives shall not be liable to Tenant Tenant, its employees, agents, business invitees, licensees, customers, clients, family members or any other person or entity guests for any damage, injury, loss, compensation or claim, including, but not limited to, claims for the interruption of or loss or claim to Tenant's business, based on or on, arising out of or resulting from any cause whatsoeverwhatsoever (except as hereinbelow set forth), including but not limited to the following: repair (i) repairs to any portion of the Premises or the Building; (ii) interruption in the use of the Premises or the Building or any equipment thereinPremises; (iii) any accident or damage resulting from any the use or operation (by Landlord, Tenant or any other person or entitypersons) of elevators elevators, or of the heating, cooling, electrical, sewage electrical or plumbing equipment or apparatus; (iv) the termination of this Lease by reason of damage to the destruction of the Premises or the Building; (v) any fire, robbery, theft, vandalism, mysterious disappearance or and/or any other casualty; (vi) the actions of any other tenant of tenants in the Building Building, if any, or of any other person or entity; failure or inability to furnish any service specified in this Leasepersons; and (vii) any leakage in any part or portion of the Premises or the Building Building, or from water, rain, ice rain or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor shall not be released pursuant to this Section 14.1 from any liability (a) resulting directly from Landlord's breach of, or default, beyond any applicable notice and cure period, as to, any of its covenants or other obligations under this Lease, or (b) subject to Section 12.4(a) above, property damage, personal injury or death caused directly by Landlord’s Representatives 's or its employees' negligence or willful misconduct or the gross negligence or willful misconduct of Landlord's contractors or agents. In no event (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of themnotwithstanding anything in the immediately-preceding sentence to the contrary) shall under Landlord have any circumstances be liable liability to Tenant for any exemplary, punitive, consequential or indirect damages (or for any claims based on the interruption of or loss to business) in connection with Tenant's business or relating to this Leaseconsequential damages or indirect losses whatsoever.

LIABILITY OF LANDLORD. 15.1 14.1 Except as otherwise provided expressly set forth in this Article XVLease and without limiting or reducing Tenant's rights under the Phase II Development Agreement, Landlord and Landlord’s Representatives shall not be liable to Tenant Tenant, its employees, agents, business invitees, licensees, customers, clients, family members or any other person or entity guests for any damage, injury, loss, compensation or claim, including, but not limited to, claims for the interruption of or loss or claim to Tenant's business, based on or on, arising out of or resulting from any cause whatsoeverwhatsoever (except as hereinbelow set forth), including but not limited to, the following: repair (i) repairs to any portion of the Premises or the Building; (ii) interruption in the use of the Premises or the Building or any equipment thereinPremises; (iii) any accident or damage resulting from any the use or operation (by Landlord, Tenant or any other person or entitypersons) of elevators elevators, or of the heating, cooling, electrical, sewage electrical or plumbing equipment or apparatus; (iv) the termination of this Lease by reason of damage to the destruction of the Premises or the Building; (v) any fire, robbery, theft, vandalism, mysterious disappearance or and/or any other casualty; (vi) the actions of any other tenant of tenants in the Building Building, if any, or of any other person or entity; failure or inability to furnish any service specified in this Leasepersons; and (vii) any leakage in any part or portion of the Premises or the Building Building, or from water, rain, ice rain or snow that may leak into, or flow from, from any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor shall not be released pursuant to this Section 14.1 from any liability (a) resulting directly from Landlord's breach of, or default, beyond any applicable notice and cure period, as to, any of its covenants or other obligations under this Lease, or (b) subject to Section 12.4(a) above, property damage, personal injury or death caused directly by Landlord’s Representatives 's or its employees' negligence or willful misconduct or the gross negligence or willful misconduct of Landlord's contractors or agents. In no event (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of themnotwithstanding anything in the immediately-preceding sentence to the contrary) shall under Landlord have any circumstances be liable liability to Tenant for any exemplary, punitive, consequential or indirect damages (or for any claims based on the interruption of or loss to business) in connection with Tenant's business or relating to this Leaseconsequential damages or indirect losses whatsoever.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, Landlord and Landlord’s Representatives shall not be liable to Tenant Tenant, its employees, agents, business invitees, licensees, customers, clients, family members or any other person or entity guests for any damage, injury, loss, compensation or claim, including, but not limited to, claims for the interruption of or loss or claim to Tenant's business, based on or on, arising out of or resulting from any cause whatsoever, including but not limited to the following: repair repairs, or lack thereof, to any portion of the Premises or the BuildingOffice Complex; interruption in the use of the Premises or the Building all or any equipment thereinpart of the Premises; any accident or damage resulting from any the use or operation (by Landlord, Tenant or any other person or entitypersons) of elevators elevators, or of the heating, cooling, electricalcommuinications, sewage electrical or plumbing equipment or apparatus; the termination of this Lease by reason of damage to the Premises destruction of the Premises, the Building or the BuildingOffice Complex; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; the actions of any other tenant tenants of the Building Office Complex or of any other person or entity; failure or inability to furnish any service specified in this Leasepersons; and any leakage in any part or portion of the Premises or the Building Office Complex, or from water, rain, ice rain or snow that may leak into, or flow from, any part of the Premises or the BuildingOffice Complex, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatementOffice Complex. Any goods, property or personal effects stored or placed by Tenant or any Agent its employees in or about the Premises or the Building Office Complex shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person It is understood that the employees of Landlord are prohibited from receiving an article any packages or other articles delivered to the Office Complex for Tenant Tenant, and if any such employee receives any such package or articles, such employee shall be acting as Tenant’s the agent of Tenant for such purpose purposes and not as the agent of Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this SectionSection 15.1, Landlord shall not be released from liability to Tenant for any physical damage or injury to any natural person caused by the wilful misconduct or negligence of Landlord, its employees or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenantagents; provided, however, that neither in no event shall Landlord nor have any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable liability to Tenant for any exemplary, punitive, consequential or indirect damages (or for any claims based on the interruption of or loss to business) in connection with Tenant's business or relating to this Leasefor any indirect losses or any consequential damages whatsoever.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, Section 15.1. Landlord and Landlord’s Representatives shall not be liable to Tenant or any other person or entity for any damage, injury, loss or claim based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Lease), including the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent of Tenant’s Agents in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV(a) Tenant covenants and agrees to exonerate, Landlord indemnify, defend, protect and save Landlord, its employees, officers and servants and Landlord’s Representatives shall not 's Agent, harmless from and against any and all claims, actions, demands, expenses, costs, charges, obligations, penalties, orders, judgments, liabilities, losses, suits and damages which may be liable to Tenant imposed upon, incurred by or asserted against them or any other person or entity for any damage, injury, loss or claim based on or arising out one of any cause whatsoever, including the following: repair to any portion them by reason of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; (i) any accident or matter occurring on the Premises, causing injury to persons (including loss of life) or damage resulting to property (including but not limited to the Premises), unless such accident or other matter resulted from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatus; termination 's breach of this Lease by reason of damage to the Premises or the Building; any firenegligence or otherwise tortious act of Landlord, robberyits employees, theftofficers and servants or Landlord's agent, vandalism, mysterious disappearance or any other casualty; actions (ii) the failure of any other tenant Tenant to fully and faithfully perform its obligations hereunder and to comply with the conditions of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part , (iii) the negligence or otherwise tortious act of the Premises or the Building from waterTenant, rainits employees, ice or snow that may leak intoservants, officers, agents, contractors, invitees, licensees, or flow from, any part of the Premises visitors or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent anyone in or about the Premises Lot, the Building or the Building shall be Leased Premises on behalf or at the sole risk invitation or right of Tenant, and Landlord shall not in (iv) the use, occupancy or maintenance of the Leased Premises. If any manner be held responsible therefor. Any person receiving an article delivered for such action or proceeding is brought against Landlord, its employees, servants or officers, or against Landlord's Agent, by reason of any such claim, Tenant shall be acting as Tenant’s agent for (i) defend such purpose and not as action or proceeding upon written notice from Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Buildingwith counsel approved by Landlord in writing, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord which approval shall not be released unreasonably withheld, and (ii) further indemnify, defend and save Landlord, its employees, servants and officers, and Landlord's Agent harmless from liability to Tenant for and against all costs, expenses, counsel fees, liabilities, orders and judgments incurred or rendered in or about any physical injury to any natural person caused by the negligence such action or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Leaseproceeding.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, Landlord and Landlord’s Representatives shall not be liable to Tenant or any other person or entity to its Invitees for any damage, injury, loss, compensation or claim, including but not limited to claims for the interruption of or loss or claim to Tenant’s business, based on or on, arising out of of, or resulting from any cause whatsoever, including but not limited to the following: repair repairs to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment thereinPremises; any accident or damage resulting from any the use or operation (by Landlord, Tenant or any other person or entitypersons) of elevators elevators, or of the heating, cooling, electrical, sewage electrical or plumbing equipment or apparatus; the termination of this Lease by reason of damage to the destruction of the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; the actions of any other tenant tenants of the Building or of any other person or entity; failure or inability to furnish any service specified in this Leasepersons; and any leakage in any part or portion of the Premises or the Building Building, or from water, rain, ice rain or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive evictionAny goods, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted property or is entitled to a rent abatement. Any property personal effects stored or placed by Tenant or any Agent its employees in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person It is understood that the employees of Landlord are prohibited from receiving an article any packages or other articles delivered to the Building for Tenant Tenant, and if any such employee receives any such package or articles, such employee shall be acting as Tenant’s the agent of Tenant for such purpose purposes and not as the agent of Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this SectionSection 15.1 to the contrary, Landlord shall not be released from liability to Tenant for any physical damage or injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenantits employees; provided, however, that neither in no event shall Landlord nor have any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable liability to Tenant for any exemplary, punitive, consequential or indirect damages (or for any claims based on the interruption of or loss to business) in connection with or relating Tenant’s business (except for any rent abatement to which Tenant otherwise may be expressly entitled pursuant to the terms of this Lease) or for any indirect losses or consequential damages or punitive damages or other special damages whatsoever.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVLandlord, Landlord its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the following: repair to any portion of the Premises or the Building; temporary interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; temporary failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, condition and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent Invitee in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s 's agent for such purpose and not as Landlord’s 's agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person or damage to Tenant's property caused by the Landlord's gross negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury or damage is not covered by insurance either (a) carried by Tenant (or such person, or (b) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall not under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Leasedamages.

LIABILITY OF LANDLORD. 15.1 16.1 Except as otherwise provided in this Article XVto the extent arising from the gross negligence or willful misconduct of Landlord, Landlord its agents, employees or contractors; Landlord, its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the following: repair to any portion of the Premises Premises, Building or the BuildingComplex; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability of Landlord to furnish any utility or service specified in this Lease; and leakage in any part of the Premises or the Building Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property stored or placed by Tenant or any Agent Invitees in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an If any employee of Landlord receives any package or article delivered for Tenant Tenant, then such employee shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Section, Tenant hereby acknowledges that Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall liable under any circumstances be liable for any exemplary, punitive, incidental or consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Leasedamages.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, Landlord and Landlord’s Representatives Agents shall not be liable to Tenant Tenant, Tenant’s Agents or any other person or entity for any damage (including any consequential or punitive damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or in any way arising out of any cause whatsoeverwhatsoever including, including without limitation, the following: repair to any portion of the Premises or the BuildingProperty; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the BuildingProperty; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building Property from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the BuildingProperty, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may Property, and except as otherwise provided in this Lease, none of the foregoing shall be the basis of deemed a claim of constructive eviction, then constitute a breach of any implied warranty, or entitle Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted any abatement of Rent or is entitled to a rent abatementotherwise effect any of Tenant’s obligations hereunder. Any property placed by Tenant or any Agent Tenant’s Agents in or about the Premises or any other portion of the Building Property, or in any vehicle parked in the Parking Area, shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this SectionSection 15.1, Landlord shall not be released from liability to Tenant for (a) any breach of this Lease or (b) any physical injury to any natural person or to property (subject to the provisions of Section 13.1(f) hereof) caused by the Landlord’s gross negligence or willful misconduct of Landlord or Landlord’s Representatives misconduct, to the extent such injury is not covered by insurance either (a) carried by Tenant (or such person, or (b) or required by this Lease to be carried by TenantTenant (whether or not Tenant carries such required insurance); provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall not under any circumstances be liable to Tenant for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Leasedamages.

LIABILITY OF LANDLORD. 15.1 Except as otherwise specifically provided for in this Article XVSection, Landlord Landlord, its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and except with respect to actual damages (but in no event any consequential or special damages) resulting from the gross negligence or willful misconduct of Landlord or any of its employees or agents, leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent Invitee in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s 's agent for such purpose and not as Landlord’s 's agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease."

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVto the extent caused by the gross negligence or willful misconduct of Landlord or its agents, Landlord and Landlord’s Representatives shall not be liable to Tenant or any other person or entity for any damage, injury, loss or claim based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Lease), including the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building (except as set forth in Section 14.5) or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance vandalism or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVLandlord, Landlord its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent Invitee in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s 's agent for such purpose and not as Landlord’s 's agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease."

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV18.1 Unless caused by the gross negligence or willful misconduct of Landlord, Landlord its employees, or agents, then Landlord, its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, its employees, agents, invitees or any other person or entity claiming through tenant for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoever, including without limitation the following: (a) repair to any portion of the Premises or the Building; (b) interruption in the use of the Premises or the Building or any equipment therein; (c) any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; (d) termination of this Lease by reason of damage to the Premises or the Building; any ;( e) fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; (f) actions of any other tenant of the Building or of any other person or entity; (g) failure or inability of Landlord to furnish any utility or service specified in this Lease; and (h) leakage in any part of the Premises or the Building Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted All personal property stored or is entitled to a rent abatement. Any property placed by Tenant or its employees, agents, invitees or any Agent other person or entity claiming through Tenant in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered Subject to Tenant's right to quiet enjoyment of the Premises, and provided Landlord endeavors not to unreasonably interfere with Tenant's use, enjoyment and access to the Premises, Landlord shall not be liable in damages, nor shall this Lease be affected, for Tenant shall conditions arising or resulting from the construction of contiguous premises, which may affect the Building of which the Premises are a part. Landlord assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be acting as Tenant’s agent for such purpose and not as Landlord’s agentconducted in the Premises. For purposes of this ArticleSection, the term “Building” "BUILDING" shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Sectionforegoing, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused solely by the Landlord's, or its employees' or agents' gross negligence or willful misconduct of Landlord or Landlord’s Representatives except to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by otherwise provided in this Lease to be carried by Tenant; provided, however, that neither Landlord nor any Article 18 of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, Landlord and Landlord’s Representatives shall not be liable to Tenant Tenant, its employees, agents, business invitees, licensees, customers, clients, family members or any other person or entity guests for any damage, injury, loss, compensation or claim, including but not limited to claims for the interruption of or loss or claim to Tenant's business, based on or on, arising out of or resulting from any cause whatsoever, including the following: repair including, but not limited to (a) repairs to any portion of the Premises or the BuildingOffice Complex; (b) interruption in the Tenant's use of the Premises or the Building or any equipment thereinPremises; (c) any accident or damage resulting from any the use or operation (by Landlord, Tenant or any other person or entitypersons) of elevators elevators, or of heating, cooling, electrical, sewage electrical or plumbing equipment or apparatus; (d) the termination of this Lease by reason of damage to the condemnation or destruction of the Premises or the BuildingOffice Complex in accordance with the provisions of this Lease; (e) any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; (f) the actions of any other tenant tenants or occupants of the Building Office Complex or of any other person or entity; failure or inability to furnish any service specified in this Leasepersons; and (g) any leakage in any part or portion of the Premises or the Building Office Complex, whether from water, rain, ice rain or snow other precipitation that may leak into, or flow from, any part of the Premises or the BuildingOffice Complex, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be Office Complex; unless caused by the basis wrongful acts or gross negligence of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatementLandlord. Any goods, property or personal effects stored or placed by Tenant or any Agent its employees in or about the Premises or the Building Office Complex shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor; unless caused by the wrongful acts or gross negligence of Landlord. Any person It is understood that the employees of Landlord are prohibited from receiving an article any packages or other articles delivered to the Office Complex for Tenant Tenant, and if any such employee receives any such package or articles, such employee shall be acting as Tenant’s the agent of Tenant for such purpose purposes and not as the agent of Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical damage or injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenantits employees; provided, however, that neither in no event shall Landlord nor have any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable liability to Tenant for any exemplary, punitive, consequential or indirect damages (or for any based on the interruption of or loss to Tenant's business) in connection with ; unless caused by the wrongful acts or relating to this Leasegross negligence of Landlord.

LIABILITY OF LANDLORD. 15.1 14.1 Except as otherwise provided set forth in this Article XVLease, Landlord and Landlord’s 's Representatives shall not be liable to Tenant Tenant, any Agent or any other person or entity for any and all damage, injury, loss or claim based on or arising out of any cause whatsoever, including without limitation the following: repair to any portion of the Premises or the Building(except for Landlord's maintenance, repair and replacement obligations as set forth in Article VIII above); interruption in the use of the Premises or the Building or any equipment thereintherein (except for Landlord's obligations as set forth in Article XIII above); any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatusapparatus (except for Landlord's obligations as set forth in Article XIII above); termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this LeaseLease (except for Landlord's obligations to provide services and utilities as provided in Article XIII); and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s 's agent for such purpose and not as Landlord’s 's agent. For purposes of this ArticleArticle XIV, the term “Building” shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this SectionSection 14.1, and subject to Section 12.2(b) above, Landlord shall not be released from liability (a) to Tenant for any physical injury to any natural person or damage to Tenant's personal property caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives 's Representatives, provided that for damage to personal property, Landlord shall only be liable to the extent that such injury damage is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by TenantTenant or (b) to the extent resulting from the breach or default by Landlord of its representations, warranties, covenants, duties and/or obligations under this Lease; provided, however, that neither Landlord nor any of Landlord’s 's Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances under this Lease (including, without limitation, with respect to its reimbursement and indemnity obligations set forth in Section 14.2(b) below) be liable for for: (i) any exemplary, punitive, exemplary or punitive damages or (ii) any consequential or indirect damages (or for any interruption of or loss to business) to the extent that (A) Landlord is not covered therefor by insurance carried, or required to be carried under this Lease, and (B) provided that Landlord is carrying such required insurance, Landlord does not receive proceeds therefor, all in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVfor damages arising from Landlord's negligence, Landlord and Landlord’s Representatives shall not be liable to Tenant Tenant, its employees, agents, business invitees, licensees, customers, clients, family members, guests, or any other person or entity trespassers for any damage, injurycompensation, loss or claim based on or arising out from (i) the necessity of any cause whatsoever, including the following: repair to repairing any portion of the Premises or the Building; , (ii) any interruption in the use of the Premises or the Building or any equipment therein; demised premises, (iii) any accident or damage resulting from any the use or operation (by Landlord, Tenant Tenant, or any other person or entitypersons whatsoever) of elevators elevators, or heating, cooling, electrical, sewage or plumbing equipment or apparatus; , (iv) the termination of this Lease by reason of damage to the Premises or destruction of the Building; demised premises, (v) any fire, robbery, theft, vandalismcriminal act, mysterious disappearance or and/or any other casualty; actions of , (vi) any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises demised premises or the Building Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises demised premises or the Building, or from drains, pipes pipes, or plumbing fixtures work in the Premises Building, or (vii) any other cause whatsoever. Except as and to the Building. If any condition exists which may be the basis of a claim of constructive evictionextent set forth in Section 18 hereof, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is be entitled to any abatement or diminution of ease Rent or additional rent as a rent abatementresult of any of the foregoing occurrences, nor shall the same release Tenant from its obligation hereunder or constitute an eviction. Any property goods, property, or personal effects stored or placed by Tenant or any Agent in or about the Premises demised premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Sectionforegoing, Landlord shall not be released from liability liable to Tenant for any physical loss or damage to personal property, or injury to any natural person caused by person, whether or not the negligence or willful misconduct result of Landlord or Landlord’s Representatives 's negligence, to the extent such injury that Tenant is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried compensated therefor by Tenant; provided's insurance. The employees of Landlord are prohibited from receiving any packages or other articles delivered to the Building for Tenant, howeverand if any such employee receives any such package or articles, that neither Landlord nor any such employee shall be the agent of Tenant and not of Landlord’s Representatives (nor . Landlord shall not be obligated to provide or maintain any pastsecurity patrol or security system. However, present if Landlord elects to provide such patrol or future board membersystem, partner, trustee, director, member, officer, employee, agent, representative or advisor the cost thereof shall be included in Operating Costa as defined in Section 5(c) hereof. Landlord shall not be responsible for the quality of any of them) shall under any circumstances such patrol or system which may be liable for any exemplary, punitive, consequential or indirect damages (provided hereunder or for any interruption damage or injury to Tenant, its employees, invitees, or others due to the failure, action, or inaction of such patrol or loss to business) in connection with or relating to this Leasesystem.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, Landlord and Landlord’s Representatives shall To the extent not be liable to Tenant prohibited by Law or any other person or entity for any damage, injury, loss or claim based on or arising out of any cause whatsoever, including the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the Landlord’s breach of this Lease, the gross negligence or willful misconduct of Landlord or Landlord’s Representatives Indemnitees (as defined below), and except as provided below, Tenant hereby expressly releases Landlord, its property manager and their respective officers, agents, directors, representatives, shareholders, members, subsidiaries, affiliates, related entities, partners, employees and lenders (collectively, “Landlord’s Indemnitees”) from, and waives all claims for, damage or injury to the extent such injury is not covered by insurance either carried person, theft, loss of use of or damage to property and loss of business sustained by Tenant (and resulting from the Building or such person) the Premises or required by this Lease to be carried by Tenant; providedany part thereof or any equipment therein or appurtenances thereto becoming in disrepair, howeveror resulting from any damage, that neither Landlord nor accident or event in or about the Building or any negligent act or omission of any of Landlord’s Representatives (nor Indemnitees or any pastother tenant of the Building. Without limiting the generality of the foregoing, present this section shall apply particularly, but not exclusively, to flooding, damage caused by Building equipment and apparatus, water, snow, frost, steam, excessive heat or future board membercold, partnerbroken glass, trusteesewage, directorgas, memberodors, officerexcessive noise or vibration, employeedeath, agentloss, representative conversion, theft, robbery, assault, battery, murder, or advisor the bursting or leaking of pipes, plumbing fixtures or sprinkler devices. Without limiting the generality of the foregoing, Tenant waives all claims and rights of recovery against Landlord, and Landlord’s Indemnitees for any loss or damage to any property of them) shall Tenant, which loss or damage is insured against, or required to be insured against, by Tenant pursuant to Article 12 of this Lease, whether or not such loss or damage is due to the fault or negligence of Landlord, or Landlord’s Indemnitees, and regardless of the amount of insurance proceeds collected or collectible under any circumstances insurance policies in effect, and Tenant further agrees that all such property of Tenant shall be at the risk of Tenant only and Landlord and Landlord’s Indemnitees shall not be liable for any exemplaryloss or damage thereto or theft or conversion thereof and Tenant completely releases and exculpates Landlord and Landlord’s Indemnitees therefrom. If Landlord sells or otherwise conveys its interest in the Premises, punitiveLandlord shall be relieved of its obligations under the Lease from and after the date of sale or conveyance, consequential or indirect damages (or only when the successor assumes in writing the obligations to be performed by Landlord on and after the effective date of the transfer, whereupon Tenant shall attorn to such successor. Redress for any interruption claim against Landlord under this Lease shall be limited solely to and enforceable only against the lesser of (i) Five Million Dollars ($5,000,000) or loss to business(ii) Landlord’s equity interest, if any, in connection with or relating to this Leasethe Building.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVLandlord, Landlord its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent Invitees in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an If any employee of Landlord receives any package or article delivered for Tenant Tenant, then such employee shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For the purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or Landlord’s willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either (a) carried by Tenant (or such person, or (b) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVSection 14.3 above, Landlord and Landlord’s Representatives shall not be liable to Tenant Tenant, its employees, agents, business invitees, licensees, customers, clients, family members or any other person or entity guests for any damage, . injury, loss, compensation or claim, including, but not limited to, claims for the interruption of or loss or claim to Tenant's business, based on or on, arising out of or resulting from any cause whatsoever, including but not limited to the following: repair repairs, or lack thereof, to any portion of the Premises or the BuildingOffice Complex; interruption in the use of the Premises or the Building or any equipment thereinPremises; any accident or damage resulting from any the use or operation (by Landlord, Tenant or any other person or entitypersons) of elevators elevators, or of the heating, cooling, electrical, sewage electrical or plumbing equipment or apparatus; the termination of this Lease by reason of damage to the Premises destruction of the Premises, the Building or the BuildingOffice Complex; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; the actions of any other tenant tenants of the Building Office Complex or of any other person or entity; failure or inability to furnish any service specified in this Leasepersons; and any leakage in any part or portion of the Premises or the Building Office Complex, or from water, rain, ice rain or snow that may leak into, or flow from, any part of the Premises or the BuildingOffice Complex, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatementOffice Complex. Any goods, property or personal effects stored or placed by Tenant or any Agent its employees in or about the Premises or the Building Office Complex shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person It is understood that the employees of Landlord are prohibited from receiving an article any packages or other articles delivered to the Office Complex for Tenant Tenant, and if any such employee receives any such package or articles, such employee shall be acting as Tenant’s the agent of Tenant for such purpose purposes and not as the agent of Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this SectionSection 15.1, Landlord shall not be released from liability to Tenant for any physical damage or injury to any natural person caused by the wilful misconduct or negligence of Landlord, its employees or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenantagents; provided, however, that neither in no event shall Landlord nor have any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable liability to Tenant for any exemplary, punitive, consequential or indirect damages (or for any claims based on the interruption of or loss to business) in connection with Tenant's business or relating to this Leasefor any indirect losses or any consequential damages whatsoever.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVLandlord, Landlord its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, Invitees or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoever, including the followingwithout limitation: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatusequipment; termination of this Lease by reason of damage to or to condemnation of the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish or interruption in any utility or service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises Premise or the Building. If any a condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent Invitees in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and 's (not as Landlord’s 's) agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease."

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVexplicitly hereinafter set forth, Landlord Landlord, its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Article), including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, Landlord for the gross negligence or willful misconduct and Landlord’s Representatives shall to the extent not be liable to Tenant or any other person or entity for covered by either party's insurance any damage, injury, loss or claim based on or arising out of an act or omission of the Landlord, its employees or agents, Landlord, its employees and agents shall not be liable to Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss of business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the following: ; repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage, or plumbing or mechanical equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, snow, ice or snow other cause that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises Building or the BuildingLand. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent Invitees in or about the Premises Premises, the Building or the Building Land shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an If any employee of Landlord receives any package or article delivered for Tenant Tenant, then such employee shall be acting as Tenant’s 's agent for such purpose and not as Landlord’s 's agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVLandlord, Landlord its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, Tenant’s employees, agents, invitees, assignees, subtenants, contractors, licensees, concessionaires (collectively, “Invitees”), or to any other person or entity for any damage (including indirect and consequential damage), injury, loss loss, or claim (including claims for the interruption of or loss to the business being conducted in the Premises) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including but not limited to the following: repair to any portion of the Premises or the BuildingProperty; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any the use or operation (by Landlord, Tenant or any other person or entity) of elevators or the heating, cooling, electrical, sewage sewerage, or plumbing equipment or apparatus; termination of this Lease by reason of damage to the destruction of the Premises or the BuildingProperty; any fire, robbery, theft, vandalism, mysterious disappearance or and/or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building Property from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the BuildingProperty, or from drains, pipes or plumbing fixtures in the Premises or the BuildingProperty. Any failure or inability to furnish any service required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Premises and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim condition prior to any claim by Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatementevicted. Any property placed by Tenant or any Agent Invitee in or about the Premises or the Building Property shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person or damage to personal property caused by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenantits employees; provided, however, that neither Landlord nor shall never have any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable liability with respect to claims for any exemplary, punitive, consequential or indirect damages (or for any the interruption of or loss to business) the business being conducted in connection with or relating to this Leasethe Premises.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVA. Landlord, Landlord its employees and Landlord’s Representatives agents, if any, shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the followingfollowing unless due to the negligence of Landlord: repair to any portion of the Premises or the BuildingBuilding or Common Areas; interruption in the use of the Premises or the Building Common Areas or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the BuildingBuilding or Common Areas; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building or Common Areas from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the BuildingBuilding or Common Areas, or from drains, pipes or plumbing fixtures in the Premises or the BuildingBuilding or Common Areas. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property stored or placed by Tenant or any Agent Invitees in or about the Premises or the Building or Common Areas shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an If any employee of Landlord receives any package or article delivered for Tenant Tenant, then such employee shall be acting as Tenant’s 's agent for such purpose and not as Landlord’s 's agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease."

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV16.1 Landlord, Landlord its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, its employees, agents, invitees or any other person or entity claiming through Tenant for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever except to the extent caused by the negligence or willful misconduct of Landlord, its employees and agents, including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability of Landlord to furnish any utility or service specified in this Lease; and any leakage in any part of the Premises or the Building Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property stored or placed by Tenant or its employees, agents, invitees or any Agent other person or entity claiming through Tenant in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an If any employee of Landlord receives any package or article delivered for Tenant Tenant, then such employee shall be acting as Tenant’s Xxxxxx's agent for such purpose and not as Landlord’s 's agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease."

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV10.1. Landlord, Landlord its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, its employees, agents, invitees or any other person or entity claiming through Tenant for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoever, including without limitation the following: (a) repair to any portion of the Premises or the Building; (b) interruption in the use of the Premises or the Building or any equipment therein; (c) any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; (d) termination of this Lease by reason of damage to the Premises or the Building; any (e) fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; (f) actions of any other tenant of the Building or of any other person or entity; (g) failure or inability of Landlord to furnish any utility or service specified in this Lease; and (h) leakage in any part of the Premises or the Building Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted All personal property stored or is entitled to a rent abatement. Any property placed by Tenant or its employees, agents, invitees or any Agent other person or entity claiming through Tenant in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered Landlord shall not be liable in damages, nor shall this Lease be affected, for Tenant shall conditions arising or resulting from the construction of contiguous premises, which may affect the Building of which the Premises are a part. Landlord assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be acting as Tenant’s agent for such purpose and not as Landlord’s agentconducted in the Premises. For purposes of this ArticleSection, the term “Building” shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Sectionforegoing, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused solely by the Landlord’s, or its employees’ or agents’ gross negligence or willful misconduct of Landlord or Landlord’s Representatives except to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any ARTICLE XVIII of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, SECTION 16.1 Landlord and Landlord’s Representatives shall not be liable to Tenant Tenant, its employees, agents, business invitees, licensees, customers, clients, family members or any other person or entity guests for any damage, injury, loss, compensation, or claim, including but not limited to claims for the interruption of loss or claim of Tenant’s business, based on or on, arising out of any cause whatsoeverof, or resulting from, including but not limited to the following: repair repairs to any portion of the Premises or the Building; interruption in of the use of the Premises or the Building or any equipment thereinPremises; any accident or damage resulting from any the use or operation (by Landlord, Tenant Tenant, or any other person or entitypersons) of elevators elevator, or of the heating, cooling, electrical, sewage or plumbing equipment or apparatus; the termination of this Lease by reason of damage to the Premises or destruction of the BuildingPremises; any fire, robbery, theft, vandalismmysterious disappearance, mysterious disappearance or and/or any other casualty; the actions of any other tenant tenants of the Building or of any other person or entitypersons; failure or inability to furnish any service specified in this Lease; and leakage in any part or portion of the Premises or the Building Building, or from water, rain, ice rain or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures work in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive evictionAny goods, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such conditionproperty, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property personal effects stored or placed by Tenant or any Agent its employees in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefortherefore. Any person It is understood that the employees of Landlord are prohibited from receiving an article any packages or other articles delivered to the Building for Tenant Tenant, and if any such employee receives any such package or articles, such employee shall be acting as Tenant’s the agent of Tenant for such purpose purposes and not as the agent of Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this SectionSection 16.1, Landlord shall not be released from liability to Tenant for any physical damage or injury to any natural person caused by the negligence or willful misconduct or negligence of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Leaseits employees.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVUnless caused by Landlord's gross negligence or willful misconduct, Landlord and Landlord’s Representatives shall not be liable to Tenant or to Tenant's employees, agents, licensees, or visitors, or to any other person or entity whomsoever, for any damage, injury, loss or claim based on damage (REGARDLESS OF WHETHER SUCH INJURY, LOSS OR DAMAGE IS CAUSED BY OR ARISES OUT OF LANDLORD'S NEGLIGENCE OR THE NEGLIGENCE OF ANY EMPLOYEE OR AGENT OF LANDLORD OR ANY STRICT LIABILITY) to person or arising out of any cause whatsoever, including property (i) due to the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises Complex or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant the Land or any part thereof becoming out of repair or by defect in or failure of pipes or wiring, or by the backing up of drains or by the bursting or leaking of pipes, faucets and plumbing fixtures or by gas, water, steam, electricity or oil leaking, escaping or flowing into the Premises, or (ii) that may be occasioned by or through the acts or omissions of other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatus; termination of this Lease by reason of damage to tenants in the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building Complex or of any other person persons whatsoever, or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow (iii) that may leak intobe occasioned by theft, fire, act of God, public enemy, injunction, riot, insurrection, war, court order, requisition or order of governmental authority, or flow from, any part other matter beyond the control of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the BuildingLandlord. If any condition exists which may be the basis Tenant agrees that all of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building Tenant's Property shall be at the sole risk of TenantTenant only, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, that Landlord shall not be released from liability to Tenant liable for any physical injury to any natural person loss or damage thereto or theft thereof (REGARDLESS OF WHETHER SUCH LOSS, DAMAGE OR THEFT IS CAUSED BY OR ARISES OUT OF LANDLORD'S NEGLIGENCE OR THE NEGLIGENCE OF ANY EMPLOYEE OR AGENT OF LANDLORD OR ANY STRICT LIABILITY), except where caused by the gross negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVTo the extent permitted by applicable Legal Requirements, Landlord and Landlord’s Representatives shall not be liable to Tenant or any other person or entity for its Invitees for, and Tenant releases Landlord and Landlord’s agents, servants and employees, and Landlord’s building manager of the Building, and its agents, servants, and employees from, and waives all claims for, the following: any damage, injury, loss, compensation, or claim, including, but not limited to, claims for the interruption of or loss or claim to Tenant’s business, based on or on, arising out of of, or resulting from any cause whatsoever, including including, but not limited to, the following: repair repairs, or lack thereof, to any portion of the Premises or the Building; interruption in the use of the Premises or the Building all or any equipment thereinpart of the Premises; any accident or damage resulting from any the use or operation (by Landlord, Tenant Tenant, or any other person or entitypersons) of elevators elevators, or of the heating, cooling, communication, electrical, sewage or plumbing equipment or apparatus; the termination of this Lease by reason of damage to the destruction of the Premises or the Building; any fire, robbery, theft, vandalismmysterious disappearance, mysterious disappearance or any other casualty; the actions of any other tenant tenants of the Building or of any other person or entity; failure or inability to furnish any service specified in this Leasepersons; and any leakage in any part or portion of the Premises or the Building Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes pipes, or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive evictionAny goods, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such conditionproperty, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property personal effects stored or placed by Tenant or any Agent its employees in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person It is understood that the employees of Landlord are prohibited from receiving an article any packages or other articles delivered to the Building for Tenant Tenant, and if any such employee receives any such package or articles, such employee shall be acting as Tenant’s the agent of Tenant for such purpose purposes and not as the agent of Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this SectionSection 15.1, Landlord shall not be released from liability to Tenant for any physical damage or injury to any natural person caused by the negligence or willful misconduct or negligence of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (its employees, contractors or such person) or required by this Lease to be carried by Tenantagents; provided, however, that neither in no event shall Landlord nor have any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable liability to Tenant for any exemplary, punitive, consequential or indirect damages (or for any claims based on the interruption of or loss to business) in connection with Tenant’s business or relating to this Leasefor any indirect losses or any consequential damages whatsoever.

LIABILITY OF LANDLORD. 15.1 Except as may otherwise be expressly provided in this Article XVLease, Landlord and Landlord’s Representatives Agents shall not be liable to Tenant Tenant, Tenant’s Agents or any other person or entity for any damage (including any consequential or punitive damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or in any way arising out of any cause whatsoeverwhatsoever including, including without limitation, the following: repair to any portion of the Premises Premises, the Property or the BuildingComplex; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises Premises, the Property or the BuildingComplex; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building Property from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the BuildingProperty, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may Property, and none of the foregoing shall be the basis of deemed a claim of constructive eviction, then constitute a breach of any implied warranty, or entitle Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted any abatement of Rent or is entitled to a rent abatementotherwise effect any of Tenant’s obligations hereunder. Any property placed by Tenant or any Agent Tenant’s Agents in or about the Premises or any other portion of the Building Property, or in any vehicle parked in the Parking Area, shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this SectionSection 15.1, Landlord shall not be released from liability to Tenant for any physical injury to any natural person or to property (subject to the provisions of Section 13.1(f) hereof) caused by the Landlord’s or Landlord’s Agent’s negligence or willful misconduct of Landlord or Landlord’s Representatives misconduct, to the extent such injury is not covered by insurance either (a) carried by Tenant (or such person, or (b) or required by this Lease to be carried by TenantTenant (whether or not Tenant carries such required insurance); provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall not under any circumstances be liable to Tenant for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Leasedamages.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVfor Landlord's gross negligence or willful misconduct, Landlord and Landlord’s Representatives shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any 'fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and, provided that Landlord diligently proceeds to implement and complete repairs of such condition, in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent Invitees in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.be

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, Landlord and Landlord’s 's Representatives shall not be liable to Tenant or any other person or entity for any damage, injury, loss or claim based on or arising out of any cause whatsoever, including the following: following (except as otherwise provided in this Lease): repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s 's agent for such purpose and not as Landlord’s 's agent. For purposes of this Article, the term “"Building” " shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person loss, Cost or damage caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant's Representatives; provided, however, that neither Landlord nor any of Landlord’s 's Representatives, nor shall Tenant or any of Tenant's Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease, except for Tenant's liability under Article XXII.

LIABILITY OF LANDLORD. 15.1 Except as otherwise expressly provided in this Article XVSection 15.1, Landlord Landlord, its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, any Invitee or any other person or entity for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including including, without limitation, the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; the migration of noise, lights, vibration or odor into the Premises; any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage, Fitness Center or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this Lease; and leakage in any part of the Premises or the Building from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If Except as otherwise expressly provided for in this Lease, if any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any property placed by Tenant or any Agent Invitee in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person or Tenant’s personal property caused by Landlord’s gross negligence or willful misconduct or the gross negligence or willful misconduct of Landlord or Landlord’s Representatives agents, contractors or employees to the extent such injury is not covered by insurance either (a) carried by Tenant (or such person, or (b) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall not under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Leasedamages.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XVEXCEPT TO THE EXTENT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS AGENTS, EMPLOYEES OR CONTRACTORS, AND EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS LEASE, Landlord and Landlord’s Representatives shall not be liable to Tenant Tenant, its employees, agents, business invitees, licensees, customers, clients, family members or any other person or entity guests for any damage, injury, loss, compensation or claim, including but not limited to claims for the interruption of or loss or claim to Tenant's business, based on or on, arising out of or resulting from any cause whatsoever, including the following: repair including, but not limited to (a) repairs to any portion of the Premises or the BuildingOffice Complex; (b) interruption in the Tenant's use of the Premises or the Building or any equipment thereinPremises; (c) any accident or damage resulting from any the use or and operation (by Landlord, Tenant or any other person or entitypersons) of elevators elevators, or of heating, cooling, electrical, sewage electrical or plumbing equipment or apparatus; (d) the termination of this Lease by reason of damage to the condemnation or destruction of the Premises or the BuildingOffice Complex in accordance with the provisions of this Lease; (e) any fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; (f) the actions of any other tenant Tenants of the Building Office Complex or of any other person or entity; failure or inability to furnish any service specified in this Leasepersons; and (g) any leakage in any part or portion of the Premises or the Building Office Complex, whether from water, rain, ice rain or snow other precipitation that may leak into, or flow from, any part of the Premises premises or the BuildingOffice Complex, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatementOffice Complex. Any goods, property or personal effects stored or placed by the Tenant or any Agent its employees in or about the Premises or the Building Office Complex shall be at the sole risk of the Tenant, and the Landlord shall not in any manner be held responsible therefor. Any person It is understood that the employees of the Landlord are prohibited from receiving an article any packages or other articles delivered to the Office Complex for Tenant Tenant, and if any such employee receives any such package or articles delivered to the Office Complex for Tenant, and if any such employee receives any such package or articles, such employee shall be acting as Tenant’s the agent of the Tenant for such purpose purposes and not as the agent of the Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking Facilities. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical damage or injury to any natural person caused by the negligence or willful misconduct of Landlord or Landlord’s Representatives to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenantits employees; provided, however, that neither in no event shall Landlord nor have any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable liability to Tenant for any exemplary, punitive, consequential or indirect damages (or for any claims based on the interruption of or loss to Tenant's business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV10.1. Landlord, Landlord its employees and Landlord’s Representatives agents shall not be liable to Tenant Tenant, its employees, agents, invitees or any other person or entity claiming through Tenant for any damage (including indirect and consequential damage), injury, loss or claim (including claims for the interruption of or loss to business) based on or arising out of any cause whatsoever, including without limitation the following: (a) repair to any portion of the Premises or the Building; (b) interruption in the use of the Premises or the Building or any equipment therein; (c) any accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage sewerage or plumbing equipment or apparatus; (d) termination of this Lease by reason of damage to the Premises or the Building; any (e) fire, robbery, theft, vandalism, mysterious disappearance or any other casualty; (f) actions of any other tenant of the Building or of any other person or entity; (g) failure or inability of Landlord to furnish any utility or service specified in this Lease; and (h) leakage in any part of the Premises or the Building Building, or from water, rain, ice or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted All personal property stored or is entitled to a rent abatement. Any property placed by Tenant or its employees, agents, invitees or any Agent other person or entity claiming through Tenant in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefor. Any person receiving an article delivered Landlord shall not be liable in damages, nor shall this Lease be affected, for Tenant shall conditions arising or resulting from the construction of contiguous premises, which may affect the Building of which the Premises are a part. Landlord assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be acting as Tenant’s agent for such purpose and not as Landlord’s agentconducted in the Premises. For purposes of this ArticleSection, the term “"Building” " shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Sectionforegoing, Landlord shall not be released from liability to Tenant for any physical injury to any natural person caused solely by the Landlord's, or its employees' or agents' gross negligence or willful misconduct of Landlord or Landlord’s Representatives except to the extent such injury is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any ARTICLE XVIII of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.

LIABILITY OF LANDLORD. 15.1 Except as otherwise provided in this Article XV, 15.1. Landlord and Landlord’s Representatives shall not be liable to Tenant Tenant, any Agent or any other person or entity for any and all damage, injury, loss or claim based on or arising out of any cause whatsoeverwhatsoever (except as otherwise provided in this Section), including without limitation the following: repair to any portion of the Premises or the Building; interruption in the use of the Premises or the Building or any equipment therein; any accident or damage resulting from any ay use or operation (by Landlord, Tenant or any other person or entity) of elevators or heating, cooling, electrical, sewage or plumbing equipment or apparatus; termination of this Lease by reason of damage to the Premises or the Building; any fire, robbery, theft, vandalism, mysterious disappearance disappearances or any other casualty; actions of any other tenant of the Building or of any other person or entity; failure or inability to furnish any service specified in this t his Lease; and leakage in any part of the Premises or the Building from water, rain, ice ice, snow, dampness or snow humidity that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing fixtures in the Premises or the Building. If any condition exists which may be the basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been constructively evicted or is entitled to a rent abatement. Any Ay property placed by Tenant or any Agent in or about the Premises or the Building shall be at the sole risk of Tenant, and Landlord shall not in any manner be held responsible therefortherefore. Any person receiving an article delivered for Tenant shall be acting as Tenant’s agent for such purpose and not as Landlord’s agent. For purposes of this Article, the term “Building” shall be deemed to include the Building, the Land and the Parking FacilitiesLand. Notwithstanding the foregoing provisions of this Section, Landlord shall not be released from liability to Tenant for any physical injury to any natural person or any damage to Tenant’s property caused by the negligence or Landlord’s willful misconduct of Landlord or Landlord’s Representatives gross negligence to the extent such injury or damage is not covered by insurance either carried by Tenant (or such person) or required by this Lease to be carried by Tenant; provided, however, that neither Landlord nor any of Landlord’s Representatives (nor any past, present or future board member, partner, trustee, director, member, officer, employee, agent, representative or advisor of any of them) them shall under any circumstances be liable for any exemplary, punitive, consequential or indirect damages (or for any interruption of or loss to business) in connection with or relating to this Lease.