No Liability of Landlord. 15.1 Landlord or Landlord's agents have made no representations or promises with respect to the Building, the Land or the Demised Premises except herein expressly set forth and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provision of this Lease. The taking possession of the Demised Premises by Tenant shall be conclusive evidence, as against Tenant, that Tenant accepts said premises and that same were in good and satisfactory condition, except as otherwise provided in this Lease, at the time such possession was so taken subject to Punch List Items, and to latent defects (of which Landlord must be given notice within two (2) months after the date of delivery of possession of the Demised Premises to Tenant). 15.2 This Lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agreements hereunder on the part of Tenant to be performed shall in no way be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this Lease or is unable to supply or is to make or is delayed in making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures, if Landlord is prevented or delayed from so doing by reason of strike or labor trouble or any other cause whatsoever beyond Landlord's reasonable control including, but not limited to, governmental pre-emption in connection with a National Emergency or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. 15.3 Landlord and its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise. Landlord and its agents shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow leaks from any part of the Building or from the pipes, appliances or plumbing works or from the roof, street or sub-surface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence of Landlord, its agents, servants or employees; nor shall Landlord and its agents be liable for any such damage caused by other tenants or persons in the Building or caused by operations in construction of any private, public or quasi-public work; nor shall Landlord be liable for any patent defect in the Demised Premises or in the Building. If at any time any windows of the Demised Premises are temporarily closed, darkened or bricked up for any reason whatsoever including, but not limited to, Landlord's own acts (or permanently closed or bricked up if required by law), Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement of rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction. In the case of a temporary closing or darkening, Landlord shall use commercially reasonable efforts to minimize the duration of such closing or darkening, without, however, being obligated to employ overtime labor or to incur any extraordinary expense in connection therewith. Tenant shall reimburse and compensate Landlord as additional rent within ten (10) days after rendition of a statement for all expenditures made by or damages or fines sustained or incurred by Landlord due to non-performance or non-compliance with or breach or failure to observe any term, covenant or condition of this Lease upon Tenant's part to be kept, observed, performed or complied with. If Tenant shall fail to make such payment within said ten (10) days, Tenant shall also be liable for interest on such additional rent at the then Prime Rate until Landlord shall be fully reimbursed. Tenant shall give immediate notice to Landlord in case of fire or accidents in the Demised Premises or in the Building or of defects therein or in any fixtures or equipment. 15.4 No recourse shall be had on any of Landlord's obligations under this Lease or for any claim based thereon or otherwise in respect thereof against any incorporator of Landlord, subscriber to Landlord's capital stock, shareholder, employee, agent, officer or director, past, present or future, of any corporation, or any partner or joint venturer of any partnership or joint venture which shall be Landlord hereunder or included in the term "Landlord" or of any successor of any such corporation, or against any principal, disclosed or undisclosed, or any such corporation, or against any principal, disclosed or undisclosed, or any affiliate of any party which shall be Landlord or included in the term "Landlord," whether directly or through Landlord or through any receiver, assignee, agent, trustee in bankruptcy or through any other person, firm or corporation, whether by virtue of any constitution, statute or rule of law or by enforcement of any assessment or penalty or otherwise, all such liability being expressly waived and released by Tenant. 15.5 Tenant shall look only and solely to Landlord's leasehold estate and interest in and to the Building and the rents and profits therefrom and the proceeds of any sale thereof for the satisfaction of any right of Tenant arising out of this Lease or for the collection of judgment or other judicial process or arbitration award requiring the payment of money by Landlord and no other property or assets of Landlord, Landlord's agents, incorporators, shareholders, employees, officers, directors, partners, agents, principal (disclosed or undisclosed), joint venturers, or affiliates shall be subject to levy, lien, execution, attachment, or other enforcement procedure for the satisfaction of Tenant's rights and remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or under law, or Tenant's use and occupancy of the Demised Premises or any other liability of Landlord to Tenant.
Appears in 1 contract
Samples: Lease Agreement (American Home Mortgage Holdings Inc)
No Liability of Landlord. 15.1 Section 12.01 Neither Landlord, Landlord’s property manager, nor agent or employees of Landlord shall be liable to Tenant, its employees, agents, contractors and licensees for any damages to, or Landlord's agents have made no representations loss (by theft, vandalism or promises with respect to the Buildingotherwise) of any of Tenant’s property and/or of property of any other entity or person, the Land or the Demised Premises except herein expressly set forth and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provision of this Lease. The taking possession irrespective of the Demised Premises cause of such damage or loss, unless caused by Landlord’s gross negligence. Tenant shall be conclusive evidence, as against Tenant, acknowledges that Tenant accepts said premises and that same were in good and satisfactory condition, except as otherwise provided in this Lease, at the time such possession was so taken subject employees or agents of Landlord are not authorized to Punch List Items, and to latent defects (of which Landlord must be given notice within two (2) months after the date of delivery of possession of the Demised Premises to Tenant).
15.2 This Lease and the obligation accept any property of Tenant to pay rent hereunder and perform all for purposes of safeguarding the other covenants and agreements hereunder same on the part behalf of Tenant of any Tenant’s employees, contractors or agents. Landlord shall have no liability to be performed shall in no way be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this Lease or is unable to supply or is to make or is delayed in making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures, if Landlord is prevented or delayed from so doing by reason of strike or labor trouble or any other cause whatsoever beyond Landlord's reasonable control including, but not limited to, governmental pre-emption in connection with a National Emergency or Tenant by reason of any ruleinconvenience, order annoyance, interruption or regulation injury to business arising from the making of any department repairs or subdivision thereof alterations or performing maintenance services at the Building by Landlord, its contractors, employees or agents of any government agency other tenant, its contractors, employees or agents provided that such does not materially interfere with the conduct of Tenant’s business within the Demised Premises for more than forty eight (48) hours in each instance. Landlord will use its best efforts to restrict any such inconvenience, annoyance, interruption or injury which may be of a material nature to Tenant’s business to periods of not more than forty eight (48) hours in duration.
Section 12.02 Tenant agrees that its sole remedies in cases where Landlord’s reasonableness in the exercise of its judgment or the withholding or delaying of its consent or approval is applicable and an issue shall be those in the nature of an action or proceeding for an injunction or for specific performance. In such cases, Tenant hereby specifically waives its rights to money damages or other remedies (including the right to claim money damages by way of setoff, counterclaim or defense). Failure by Tenant to seek injunctive or specific performance relief within ninety (90) days of the date of Landlord’s decision or alleged failure to render a decision shall be deemed a waiver of any right to dispute such action.
Section 12.03 Tenant shall defend, reimburse, indemnify and save harmless the Landlord, its agents and employees, from and against any and all liability, costs, expenses and damages, suits, claims, and demands of every kind and nature, including reasonable counsel fees, which are asserted or brought or instituted by or on behalf of any person, firm, association or corporation, in connection with any personal injury, death or property damage which shall or may occur during the Term, on or about the Demised Premises, and is or may be claimed to be caused by, relate to, or arise out of or from the negligence or omission of Tenant in connection with the condition, maintenance, repair, alteration, use, occupation or operation of the Demised Premises, or in connection with the conduct of Tenant’s business or in connection with any lien or attachment filed against the Building, as a result of the act or omission of the Tenant in connection therewith. In the event any action or proceeding is brought against Landlord by reason of the conditions of supply and demand any such claim, Tenant, upon written notice from Landlord, shall also, at Tenant’s expense, resist or defend such claim, action or proceeding by counsel approved by Landlord in writing, which have been or are affected approval by war or other emergency.
15.3 Landlord and its agents shall not be liable for unreasonably withheld, or by Tenant’s insurer’s counsel. Additionally, Tenant does and will indemnify and save Landlord harmless against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable architect’s and attorney’s fees, which may be imposed upon or be asserted against Landlord by reason of any damage to property of Tenant or of others entrusted to employees of the Building, nor for following occurring during the loss term of or damage to any property of Tenant by theft or otherwise. Landlord and its agents shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow leaks from any part of the Building or from the pipes, appliances or plumbing works or from the roof, street or sub-surface or from any other place or by dampness or by any other cause of whatsoever naturethis Lease, unless caused by or due to resulting from the gross negligence of Landlord, its agents, servants or employees; nor shall Landlord and its agents be liable for any such damage caused by other tenants :
(A) Any work or persons in thing done in, on or about the Building or caused by operations in construction of any private, public or quasi-public work; nor shall Landlord be liable for any patent defect in the Demised Premises or in the Building. If at any time any windows of the Demised Premises are temporarily closedpart thereof by Tenant;
(B) Any use, darkened or bricked up for any reason whatsoever including, but not limited to, Landlord's own acts (or permanently closed or bricked up if required by law), Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement of rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction. In the case of a temporary closing or darkening, Landlord shall use commercially reasonable efforts to minimize the duration of such closing or darkening, without, however, being obligated to employ overtime labor or to incur any extraordinary expense in connection therewith. Tenant shall reimburse and compensate Landlord as additional rent within ten (10) days after rendition of a statement for all expenditures made by or damages or fines sustained or incurred by Landlord due to non-performance use, possession, occupation, condition, operation, maintenance or non-compliance with or breach or failure to observe any term, covenant or condition of this Lease upon Tenant's part to be kept, observed, performed or complied with. If Tenant shall fail to make such payment within said ten (10) days, Tenant shall also be liable for interest on such additional rent at the then Prime Rate until Landlord shall be fully reimbursed. Tenant shall give immediate notice to Landlord in case of fire or accidents in the Demised Premises or in the Building or of defects therein or in any fixtures or equipment.
15.4 No recourse shall be had on any of Landlord's obligations under this Lease or for any claim based thereon or otherwise in respect thereof against any incorporator of Landlord, subscriber to Landlord's capital stock, shareholder, employee, agent, officer or director, past, present or future, of any corporation, or any partner or joint venturer of any partnership or joint venture which shall be Landlord hereunder or included in the term "Landlord" or of any successor of any such corporation, or against any principal, disclosed or undisclosed, or any such corporation, or against any principal, disclosed or undisclosed, or any affiliate of any party which shall be Landlord or included in the term "Landlord," whether directly or through Landlord or through any receiver, assignee, agent, trustee in bankruptcy or through any other person, firm or corporation, whether by virtue of any constitution, statute or rule of law or by enforcement of any assessment or penalty or otherwise, all such liability being expressly waived and released by Tenant.
15.5 Tenant shall look only and solely to Landlord's leasehold estate and interest in and to the Building and the rents and profits therefrom and the proceeds of any sale thereof for the satisfaction of any right of Tenant arising out of this Lease or for the collection of judgment or other judicial process or arbitration award requiring the payment of money by Landlord and no other property or assets of Landlord, Landlord's agents, incorporators, shareholders, employees, officers, directors, partners, agents, principal (disclosed or undisclosed), joint venturers, or affiliates shall be subject to levy, lien, execution, attachment, or other enforcement procedure for the satisfaction of Tenant's rights and remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or under law, or Tenant's use and occupancy management of the Demised Premises or any other part thereof and of any adjoining street, alley, sidewalk, curb, passageway, overhead bridge, or space;
(C) Any negligence, acts or omissions on the part of Tenant or any of its agents, contractors, servants, employees, licensees or invitees; and
(D) Any accident, injury or damage to any person or property occurring in, on or about the Demised Premises or any part thereof or any adjoining street, alley, sidewalk, curb, vault, passageway, overhead bridge or space. In case any action or proceeding is brought against Landlord by reason of any such claim, Tenant, upon written notice from Landlord, will at Tenant’s expense resist or defend such action or proceeding by counsel selected by Tenant subject to approval by Landlord in writing, which approval Landlord shall not unreasonably withhold. The aforesaid approval shall not be required when the liability of Landlord to Tenantbeing resisted or defended against is fully covered by insurance.
Appears in 1 contract
No Liability of Landlord. 15.1 Landlord or Landlord's ’s agents have made no representations or promises with respect to the Building, the Land or the Demised Premises except herein expressly set forth and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provision of this Lease. The taking possession of the Demised Premises by Tenant shall be conclusive evidence, as against Tenant, that Tenant accepts said premises the Demised Premises and the Building and that same were in good and satisfactory condition, except as otherwise provided in this Lease, condition at the time such possession was so taken taken, subject to Punch List Items, the completion of Landlord’s Work and to latent defects which Tenant notified Landlord in writing within one (of which Landlord must be given notice within two (21) months after the date of delivery of possession year of the Demised Premises to Tenant)Commencement Date.
15.2 This Lease and the obligation of Tenant to pay rent hereunder and perform all of the other covenants and agreements hereunder on the part of Tenant to be performed shall in no way be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this Lease or is unable to supply or is to make or is delayed in making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures, if Landlord is prevented or delayed from so doing by reason of strike or labor trouble or any other cause whatsoever beyond Landlord's reasonable control including, but not limited to, acts of war, emergency, terrorism, bioterrorism, governmental pre-emption preemption in connection with a National Emergency Emergency, or by reason of any rule, order or regulation of any department or subdivision thereof of any government agency or by reason of the conditions of supply and demand which have been or are affected by war or other emergency. Landlord shall have no liability to Tenant, nor shall Tenant be entitled to terminate this Lease, to claim an actual or constructive eviction in whole or in part, or be entitled to any abatement or diminution of rent payable by Tenant under this Lease or to any relief from any of its obligations under this Lease (except as expressly set forth in Article 17 below in the event of fire or other casualty only) if by reason of strike or labor trouble or any other cause whatsoever beyond the reasonable control of Landlord, including, but not limited to, acts of war, emergency, casualty, terrorism, bioterrorism, or governmental preemption in connection with a National Emergency, there is (a) a lack of access to the Building or the Demised Premises (which shall include without limitation the lack of access to the Building or the Demised Premises when it or they are structurally sound but inaccessible due to evacuation of the surrounding area or damage to nearby structures or public areas); (b) reduced air quality or other contaminants in the Building that would adversely affect the Building or its occupants, including without limitation the presence of biological or other airborne agents within the Building or the Demised Premises; (c) disruption of mail and deliveries to the Building or the Demised Premises; (d) disruption of telephone and/or other communications services to the Building or the Demised Premises; (e) disruption of any other services to the Demised Premises or any of the Building systems; or (f) Tenant is otherwise unable to use and/or occupy the Demised Premises for the conduct of its business.
15.3 Tenant agrees that any building employee to whom any property shall be entrusted by or on behalf of Tenant shall be acting as Tenant’s agent with respect to such property, and Landlord and its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise. Landlord and its agents shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow leaks from any part of the Building or from the pipes, appliances or plumbing works or from the roof, street or sub-surface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence or willful misconduct of Landlord, its agents, servants or employees; nor shall Landlord and its agents be liable for any bodily injury, personal injury or property damage occasioned by the acts or omissions of any other tenant or such damage caused by tenant’s employees, agents, contractors, customers or invitees within the Building or within any common areas related to the Building or other tenants or persons in the Building or caused by operations in construction of any private, public or quasi-public work; nor shall Landlord be liable for any patent defect in the Demised Premises or in the Building. If at any time any windows of the Demised Premises are temporarily or permanently closed, darkened or bricked up for any reason whatsoever including, but not limited to, Landlord's ’s own acts (or permanently closed or bricked up if required by law)acts, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement of rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction. In the case of a temporary closing or darkening, Landlord shall use commercially reasonable efforts to minimize the duration of such closing or darkening, without, however, being obligated to employ overtime labor or to incur any extraordinary expense in connection therewith. Tenant shall reimburse and compensate Landlord as additional rent within ten fifteen (1015) days after rendition of a statement for all expenditures made by or damages or fines sustained or incurred by Landlord due to non-performance or non-compliance with or breach or failure to observe any term, covenant or condition of this Lease upon Tenant's ’s part to be kept, observed, performed or complied with. If Tenant shall fail to make such payment within said ten fifteen (1015) days, Tenant shall also be liable for interest on such additional rent at the then Prime Interest Rate until Landlord shall be fully reimbursed. Tenant shall give immediate notice to Landlord in case of fire or accidents in the Demised Premises or in the Building or of defects therein or in any fixtures or equipment.
15.4 No recourse shall be had on any of Landlord's ’s obligations under this Lease or for any claim based thereon or otherwise in respect thereof against any incorporator of Landlord, subscriber to Landlord's ’s capital stock, shareholder, employee, agent, officer or director, past, present or future, of any corporation, or any partner partner, member or joint venturer of any partnership partnership, limited liability company or joint venture which shall be Landlord hereunder or included in the term "“Landlord" ” or of any successor of any such corporation, or against any principal, disclosed or undisclosed, or any such corporation, or against any principal, disclosed or undisclosed, or any affiliate of any party which shall be Landlord or included in the term "“Landlord," ” whether directly or through Landlord or through any receiver, assignee, agent, trustee in bankruptcy or through any other person, firm or corporation, whether by virtue of any constitution, statute or rule of law or by enforcement of any assessment or penalty or otherwise, all such liability being expressly waived and released by Tenant.
15.5 Tenant shall look only and solely to Landlord's leasehold ’s estate and interest in and to the Building and the rents and profits therefrom and the proceeds of any sale thereof for the satisfaction of any right of Tenant arising out of this Lease or for the collection of judgment or other judicial process or arbitration award requiring the payment of money by Landlord and no other property or assets of Landlord, Landlord's ’s agents, incorporators, shareholders, employees, officers, directors, partners, agents, principal principals (disclosed or undisclosed), members, joint venturers, or affiliates shall be subject to levy, lien, execution, attachment, or other enforcement procedure for the satisfaction of Tenant's ’s rights and remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or under law, or Tenant's ’s use and occupancy of the Demised Premises or any other liability of Landlord to Tenant.
Appears in 1 contract
No Liability of Landlord. 15.1 Section 12.01 Neither Landlord, Landlord’s property manager, nor agent or employees of Landlord shall be liable to Tenant, its employees, agents, contractors and licensees for any damages to, or Landlord's agents have made no representations loss (by theft, vandalism or promises with respect to the Buildingotherwise) of any of Tenant’s property and/or of property of any other entity or person, the Land or the Demised Premises except herein expressly set forth and no rights, easements or licenses are acquired by Tenant by implication or otherwise except as expressly set forth in the provision of this Lease. The taking possession irrespective of the Demised Premises cause of such damage or loss, unless caused by Landlord’s gross negligence. Tenant shall be conclusive evidence, as against Tenant, acknowledges that Tenant accepts said premises and that same were in good and satisfactory condition, except as otherwise provided in this Lease, at the time such possession was so taken subject employees or agents of Landlord are not authorized to Punch List Items, and to latent defects (of which Landlord must be given notice within two (2) months after the date of delivery of possession of the Demised Premises to Tenant).
15.2 This Lease and the obligation accept any property of Tenant to pay rent hereunder and perform all for purposes of safeguarding the other covenants and agreements hereunder same on the part behalf of Tenant of any Tenant’s employees, contractors or agents. Landlord shall have no liability to be performed shall in no way be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this Lease or is unable to supply or is to make or is delayed in making any repairs, additions, alterations or decorations or is unable to supply or is delayed in supplying any equipment or fixtures, if Landlord is prevented or delayed from so doing by reason of strike or labor trouble or any other cause whatsoever beyond Landlord's reasonable control including, but not limited to, governmental pre-emption in connection with a National Emergency or Tenant by reason of any ruleinconvenience, order annoyance, interruption or regulation injury to business arising from the making of any department repairs or subdivision thereof alterations or performing maintenance services at the Building by Landlord, its contractors, employees or agents of any government agency other tenant, its contractors, employees or agents provided that such does not materially interfere with the conduct of Tenant’s business within the Demised Premises for more than forty eight (48) hours in each instance. Landlord will use its best efforts to restrict any such inconvenience, annoyance, interruption or injury which may be of a material nature to Tenant’s business to periods of not more than forty eight (48) hours in duration.
Section 12.02 Tenant agrees that its sole remedies in cases where Landlord’s reasonableness in the exercise of its judgment or the withholding or delaying of its consent or approval is applicable and an issue shall be those in the nature of an action or proceeding for an injunction or for specific performance. In such cases, Tenant hereby specifically waives its rights to money damages or other remedies (including the right to claim money damages by way of setoff, counterclaim or defense). Failure by Tenant to seek injunctive or specific performance relief within ninety (90) days of the date of Landlord’s decision or alleged failure to render a decision shall be deemed a waiver of any right to dispute such action.
Section 12.03 Tenant shall defend, reimburse, indemnify and save harmless the Landlord, its agents and employees, from and against any and all liability, costs, expenses and damages, suits, claims, and demands of every kind and nature, including reasonable counsel fees, which are asserted or brought or instituted by or on behalf of any person, firm, association or corporation, in connection with any personal injury, death or property damage which shall or may occur during the Term, on or about the Demised Premises, and is or may be claimed to be caused by, relate to, or arise out of or from the negligence or omission of Tenant in connection with the condition, maintenance, repair, alteration, use, occupation or operation of the Demised Premises, or in connection with the conduct of Tenant’s business or in connection with any lien or attachment filed against the Building, as a result of the act or omission of the Tenant in connection therewith. In the event any action or proceeding is brought against Landlord by reason of the conditions of supply and demand any such claim, Tenant, upon written notice from Landlord, shall also, at Tenant’s expense, resist or defend such claim, action or proceeding by counsel approved by Landlord in writing, which have been or are affected approval by war or other emergency.
15.3 Landlord and its agents shall not be liable for unreasonably withheld, or by Tenant’s insurer’s counsel. Additionally, Tenant does and will indemnify and save Landlord harmless against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable architect’s and attorney’s fees, which may be imposed upon or be asserted against Landlord by reason of any damage to property of Tenant or of others entrusted to employees of the Building, nor for following occurring during the loss term of or damage to any property of Tenant by theft or otherwise. Landlord and its agents shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow leaks from any part of the Building or from the pipes, appliances or plumbing works or from the roof, street or sub-surface or from any other place or by dampness or by any other cause of whatsoever naturethis Lease, unless caused by or due to resulting from the gross negligence of Landlord, its agents, servants or employees; nor shall Landlord and its agents be liable for any such damage caused by other tenants : (A) Any work or persons in thing done in, on or about the Building or caused by operations in construction of any private, public or quasi-public work; nor shall Landlord be liable for any patent defect in the Demised Premises or in the Building. If at any time any windows of the Demised Premises are temporarily closedpart thereof by Tenant; (B) Any use, darkened or bricked up for any reason whatsoever including, but not limited to, Landlord's own acts (or permanently closed or bricked up if required by law), Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement of rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction. In the case of a temporary closing or darkening, Landlord shall use commercially reasonable efforts to minimize the duration of such closing or darkening, without, however, being obligated to employ overtime labor or to incur any extraordinary expense in connection therewith. Tenant shall reimburse and compensate Landlord as additional rent within ten (10) days after rendition of a statement for all expenditures made by or damages or fines sustained or incurred by Landlord due to non-performance use, possession, occupation, condition, operation, maintenance or non-compliance with or breach or failure to observe any term, covenant or condition of this Lease upon Tenant's part to be kept, observed, performed or complied with. If Tenant shall fail to make such payment within said ten (10) days, Tenant shall also be liable for interest on such additional rent at the then Prime Rate until Landlord shall be fully reimbursed. Tenant shall give immediate notice to Landlord in case of fire or accidents in the Demised Premises or in the Building or of defects therein or in any fixtures or equipment.
15.4 No recourse shall be had on any of Landlord's obligations under this Lease or for any claim based thereon or otherwise in respect thereof against any incorporator of Landlord, subscriber to Landlord's capital stock, shareholder, employee, agent, officer or director, past, present or future, of any corporation, or any partner or joint venturer of any partnership or joint venture which shall be Landlord hereunder or included in the term "Landlord" or of any successor of any such corporation, or against any principal, disclosed or undisclosed, or any such corporation, or against any principal, disclosed or undisclosed, or any affiliate of any party which shall be Landlord or included in the term "Landlord," whether directly or through Landlord or through any receiver, assignee, agent, trustee in bankruptcy or through any other person, firm or corporation, whether by virtue of any constitution, statute or rule of law or by enforcement of any assessment or penalty or otherwise, all such liability being expressly waived and released by Tenant.
15.5 Tenant shall look only and solely to Landlord's leasehold estate and interest in and to the Building and the rents and profits therefrom and the proceeds of any sale thereof for the satisfaction of any right of Tenant arising out of this Lease or for the collection of judgment or other judicial process or arbitration award requiring the payment of money by Landlord and no other property or assets of Landlord, Landlord's agents, incorporators, shareholders, employees, officers, directors, partners, agents, principal (disclosed or undisclosed), joint venturers, or affiliates shall be subject to levy, lien, execution, attachment, or other enforcement procedure for the satisfaction of Tenant's rights and remedies under or with respect to this Lease, the relationship of Landlord and Tenant hereunder or under law, or Tenant's use and occupancy management of the Demised Premises or any other part thereof and of any adjoining street, alley, sidewalk, curb, passageway, overhead bridge, or space; (C) Any negligence, acts or omissions on the part of Tenant or any of its agents, contractors, servants, employees, licensees or invitees; and (D) Any accident, injury or damage to any person or property occurring in, on or about the Demised Premises or any part thereof or any adjoining street, alley, sidewalk, curb, vault, passageway, overhead bridge or space. In case any action or proceeding is brought against Landlord by reason of any such claim, Tenant, upon written notice from Landlord, will at Tenant’s expense resist or defend such action or proceeding by counsel selected by Tenant subject to approval by Landlord in writing, which approval Landlord shall not unreasonably withhold. The aforesaid approval shall not be required when the liability of Landlord to Tenantbeing resisted or defended against is fully covered by insurance.
Appears in 1 contract
