No Liability for Soil Conditions. In addition to the provisions of Sections 18.01 and 18.02, Landlord will not be liable to Tenant or to any other Person for any injury or damage to any property of Tenant or of any other Person or to the Premises, arising out of any sinking, shifting, movement, subsidence, failure in load-bearing capacity of, or other matter or difficulty related to, the soil, or other surface or subsurface materials, on the Premises, it being agreed that Tenant will assume and bear all risk of loss with respect thereto.
No Liability for Soil Conditions. In addition to the provisions of Sections 18.01 and 18.02, the FCRHA shall not be liable to Tenant or to any other Person for any injury or damage to any property of Tenant or of any other Person or to the Premises, arising out of any sinking, shifting, movement, subsidence, failure in load-bearing capacity of, or other matter or difficulty related to, the soil, or other surface or subsurface materials, on the Premises, it being agreed that Tenant shall assume and bear all risk of loss with respect thereto, except to the extent such injury or damage results from the activities of the FCRHA after the Effective Date on the Premises or an land adjacent to the Premises.
No Liability for Soil Conditions. In addition to the provisions of Sections 18.01 and 18.02, Landlord shall not be liable to Tenant or to any other Person for any injury or damage to any property of Tenant or of any other Person or to the Premises, arising out of any sinking, shifting, movement, subsidence, failure in load-bearing capacity of, or other matter or difficulty related to, the soil, or other surface or subsurface materials, on the Premises, it being agreed that Tenant shall assume and bear all risk of loss with respect thereto, except to the extent such injury or damage results from the activities of Landlord on the Premises or an land adjacent to the Premises. INDEMNIFICATION OF LANDLORD AND OTHERS Indemnification. Tenant shall not do, or knowingly permit any Residential Tenants or other subtenants (or sub-subtenants of either), or any employee, agent or contractor of Tenant to do any act or thing upon the Premises or elsewhere which may reasonably be likely to subject Landlord to any liability or responsibility for injury or damage to persons or property, or to any liability by reason of any violation of law or any other Applicable Laws, and shall use its reasonable efforts to exercise such control over the Premises so as to fully protect Landlord against any such liability. Tenant, to the fullest extent permitted by law, shall indemnify and save Landlord and its respective agents, directors, officers and employees (collectively, the “Indemnitees”), harmless from and against any and all loss, cost, liabilities, suits, obligations, fines, damages, penalties, claims, costs, charges and expenses (including without limitation engineers’, architects’ and reasonable attorneys’ fees and charges), which may be suffered by, imposed upon or incurred by or asserted against any of the Indemnitees, by reason of any of the following occurring prior to the Expiration Date, except to the extent that the same shall have been caused in whole or in part by the gross negligence or intentional misconduct of any of the Indemnitees: construction of the Project or any other work or thing done in or on the Premises or any part thereof; any use, non-use, possession, occupation, alteration, repair, condition, operation, maintenance or management of the Premises or any part thereof; any negligent or tortious act or failure to act within the Premises on the part of Tenant or any agent, contractor, servant or employee of Tenant; any accident, injury (including death at any time resulting therefrom) or dam...
