Common use of NO LIABILITY ON LANDLORD Clause in Contracts

NO LIABILITY ON LANDLORD. Section 12.01. Landlord or 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 or 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 or 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 latent defect in the Demised Premises or in the Building of which they form a part. If at any time any windows of the Demised Premises are temporarily closed ("temporarily" for the purposes of this Section 12.01 meaning a period not in excess of thirty (30) consecutive days), darkened or bricked up for any reason whatsoever (other than by reason of Landlord's own arbitrary, unjustified 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 event that the windows are closed, darkened or bricked up for more than thirty (30) consecutive days (and same shall not have been required by law), there shall be, as Tenant's sole remedy, an equitable abatement for the Fixed Rent and additional rent hereunder until such condition shall be remedied. Landlord agrees that Landlord will not permanently close, darken or brick up the windows of the Demised Premises unless required by law.

NO LIABILITY ON LANDLORD. Section 12.0111.01. Landlord or 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 or Persons Within Tenant's Control by theft or otherwise. Landlord or 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, snow or leaks from any part of the Building or from the pipes, appliances or plumbing works or from the roof, street or sub-surface subsurface 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 employeesemployees and even then, Section 8.04 shall, if applicable, control; nor shall Landlord or 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 latent defect in the Demised Premises or in the Building of which they form a part. Section 11.02. If at any time time, as a requirement of law, any windows of the Demised Premises are temporarily closed ("temporarily" for the purposes of this Section 12.01 meaning a period not in excess of thirty (30) consecutive days)closed, darkened or bricked up covered for any reason whatsoever (other than by reason of including Landlord's own arbitraryacts, unjustified acts)Landlord shall utilize scaffolding, netting, sidewalk shed or similar structures above the level of Tenant's facade and storefront with due regard for Tenant's business and so as to minimize any disruption to Tenant's business or the ingress or egress thereto. (a) If at any time, for reasons within Landlord's control, any windows of the Demised Premises are temporarily closed, darkened or covered for any reason whatsoever for a period in excess of 30 days, or are substantially permanently closed, darkened or covered for reasons beyond Landlord's reasonable control or Laws and Ordinances, 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 thereby nor shall the same release Tenant from its obligations hereunder nor or constitute an eviction, except that Tenant shall be entitled to an abatement of Fixed Rent in an amount to be determined pursuant to the provisions of Section 44 of the Rider hereto. Section 11.03. In Tenant agrees, irrespective of whether Tenant shall be negligent, to indemnify, defend and save harmless, the event Board of Managers, Landlord and its members, partners, officers, directors, contractors, agents and employees from and against any and all liability (statutory or otherwise), claims, suits, demands, damages, judgments, costs, fines, penalties, interest and expenses (including reasonable counsel fees and disbursements incurred in any action or proceeding), to which Landlord or any such member, partner, officer, director, contractor, agent or employee may be subject or suffer to the extent arising from, or in connection with, (i) any liability or claim for any injury to, or death of, any person or persons or damage to property (including any loss of use thereof), in or about the Demised Premises, or (ii) the use and occupancy of the Demised Premises or from any work, installation or thing whatsoever done or omitted (other than by Landlord or its contractors or the agents or employees of either) in the Demised Premises during the Term and during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the windows are closedDemised Premises, darkened or bricked up for more than (iii) any default by Tenant in the performance of Tenant's obligations under this Lease or from any act, omission, carelessness, or negligence of Tenant or Persons Within Tenant's Control. Section 11.04. Tenant shall reimburse and compensate Landlord as additional rent within thirty (30) consecutive days after rendition of a statement for all expenditures, costs, fees, expenses, judgments, penalties, damages, and fines sustained or incurred by Landlord (including reasonable counsel fees and same disbursements incurred in connection with any action or proceeding) due to the operation of this Article, or non-performance or non-compliance with or breach or failure by Tenant to observe any term, covenant, agreement, provision or condition of this Lease, or breach of any warranty or representation by Xxxxxx made in this Lease. If in any action or proceeding naming both Landlord and Tenant, liability arising out of the negligence of Tenant is established, Xxxxxx agrees (i) to indemnify Landlord in accordance with the provisions of this Article and (ii) to waive any right of contribution against Landlord except to the extent that Landlord may be a contributing cause to the damage for which an action or proceeding was brought. Reference in this Article 11 to Landlord shall not have been required by law), there shall be, as Tenant's sole remedy, an equitable abatement for the Fixed Rent and additional rent hereunder until such condition shall all purposes be remedieddeemed to include each Mortgagee. Section 11.05. Landlord agrees not to unreasonably withhold or delay its consent or approval in connection with any matter under this Lease for which its consent or approval is required. Tenant agrees that its sole remedy in cases where it believes that Landlord will not permanently closehas reasonably withheld its consent or approval in connection with a matter under this Lease for which Landlord's consent or approval is required, darken or brick up any rider or separate agreement relating to this Lease, shall be those in the windows nature of an injunction, declaratory judgment, or specific performance, the Demised Premises unless required by lawrights to money damages or other remedies being hereby specifically waived Unless Landlord is adjudicated to have acted arbitrarily or capriciously.

NO LIABILITY ON LANDLORD. Section 12.01. Landlord or 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 or 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 or 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 latent defect in the Demised Premises or in the Building of which they form a part. If at any time any windows of the Demised Premises are temporarily closed ("temporarily" for the purposes of this Section 12.01 meaning a period not in excess of thirty (30) consecutive days)or permanently closed, darkened or bricked up for any reason whatsoever (other than by reason of including but not limited to Landlord's own arbitrary, unjustified 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 event that the windows are closedTenant shall reimburse and compensate Landlord as additional rent within five (5) days after rendition of a statement for all expenditures made by, darkened or bricked up for more than thirty (30) consecutive days (and same shall not have been required by law)damages or fines sustained or incurred by, there shall beLandlord due to non-performance or non-compliance with or breach or failure to observe any term, as covenant or condition of this Lease upon Tenant's sole remedypart to be kept, an equitable abatement for the Fixed Rent and additional rent hereunder until such condition observed, performed or complied with. Tenant shall be remedied. give immediate notice to Landlord agrees that Landlord will not permanently close, darken in case of fire or brick up the windows of accidents in the Demised Premises unless required by lawor in the Building or of defects therein or in any fixtures or equipment.

NO LIABILITY ON LANDLORD. Section 12.01. 10.01 Landlord or 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 of, or damage to to, any property of Tenant Tenant, by theft or otherwise. Landlord or 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, snow or 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 or 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 latent defect in the Demised Premises or in the Building Building. Section 10.02 Tenant shall reimburse and compensate Landlord, as additional rent, within five (5) days after rendition of which they form a part. If at statement, for all expenditures made by, or damages or fines sustained or incurred by, Landlord due to nonperformance or noncompliance with, or breach or failure to observe, any time any windows term, covenant or condition of this Lease upon Tenant's part to be kept, observed, performed or complied with. Section 10.03 Tenant agrees that its sole remedies in cases where Landlord's reasonableness in exercising its judgment or withholding its consent or approval is applicable and in issue shall be only those in the nature of an action for an injunction or specific performance, the right to money damages or other remedies being hereby specifically waived. Section 10.04 Tenant shall give immediate notice to Landlord in case of accidents in the Demised Premises are temporarily closed ("temporarily" for or in the purposes Building or of this Section 12.01 meaning a period not defects therein or in excess of thirty (30) consecutive days), darkened any fixtures or bricked up for any reason whatsoever (other than by reason of Landlord's own arbitrary, unjustified 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 event that the windows are closed, darkened or bricked up for more than thirty (30) consecutive days (and same shall not have been required by law), there shall be, as Tenant's sole remedy, an equitable abatement for the Fixed Rent and additional rent hereunder until such condition shall be remedied. Landlord agrees that Landlord will not permanently close, darken or brick up the windows of the Demised Premises unless required by lawequipment.

NO LIABILITY ON LANDLORD. Section 12.01. (a) Landlord or its agents shall not be liable for any damage to property of Tenant Tenant, or of others others, entrusted to employees of the Building, nor for the loss of or damage to any property of Tenant by theft or otherwise. Landlord or its agents shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricityelectrical disturbance, water, rain or snow, snow or 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 employeeswhatsoever; nor shall Landlord or 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 latent defect in the Demised Leased Premises or in the Building of which they form a partBuilding. If at any time any windows of the Demised Leased Premises are temporarily closed ("temporarily" or darkened incident to or for the purposes purpose of this Section 12.01 meaning a period not in excess of thirty (30) consecutive days)repairs, darkened replacements, maintenance or bricked up for cleaning in, on, to or about the Building or any reason whatsoever (other than by reason of Landlord's own arbitrary, unjustified acts)part or parts thereof, 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 Tenant shall reimburse and compensate Landlord as additional rent 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. Tenant agrees that its sole remedies in cases where Landlord's reasonableness in exercising its judgment or withholding its consent or approval is applicable and at issue shall be those in the event nature of an action for an injunction or specific performance; the rights to money damages or other remedies being hereby specifically waived. Tenant shall give immediate notice to Landlord in case of fire or accidents in the Leased Premises or in the building or of defects therein or in any fixtures or equipment. (b) Tenant shall indemnify and save Landlord harmless against and from any and all claims by or on behalf of any person, firm or corporation arising from the conduct or management of, or from any work or thing whatsoever done (other than by Landlord or its contractors) on the property of which the Leased Premises is a part, during the Term of this Lease and during the period of time, if any, prior to the specific Commencement Date that the windows are closed, darkened or bricked up for more than thirty (30) consecutive days (and same shall not Tenant may have been required given and taken access to the Leased Premises for the purpose of making installations, and will further indemnify and save Landlord harmless against and from any and all claims arising from any omission or negligence of Tenant or any of its agents, contractors, servants, employees, licensees or invitees, and against and from all costs, expenses and liabilities, incurred in connection with any such claim or claims or action or proceeding brought thereon; and, in case any action or proceeding be brought against Landlord by law)reason of any such claim, there shall beTenant upon notice of Landlord, as agrees that Tenant, at Tenant's sole remedy, an equitable abatement for the Fixed Rent expense will resist or defend such action or proceeding and additional rent hereunder until such condition shall be remedied. Landlord agrees that Landlord will not permanently close, darken or brick up the windows of the Demised Premises unless required by lawemploy counsel therefor reasonably satisfactory to Landlord.

NO LIABILITY ON LANDLORD. A. To the maximum extent permitted pursuant to Section 12.01. 5-321 of the General Obligations Law of the State of New York or law of like import now or hereafter in force and effect, Landlord or its agents shall not be liable to Tenant for any damage to Tenant's property or injuries to the person of Tenant, its agents, servants, employees, invitees and/or visitors and Tenant hereby releases Landlord from all liability for damage caused by 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 or 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 snowsnow leaking into the building, leaks from any part bursting of the Building pipes or from the pipesother conduits, 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 damages and injuries caused by or due to anyone other than the negligence of Landlord, its agents, servants or employees; nor shall Landlord or its agents be liable for employees and/or any such damage caused by other tenants or persons in the Building or caused by operations in construction cause of any private, public or quasi-public work; nor shall Landlord be liable for any latent defect in the Demised Premises or in the Building of which they form a part. nature whatsoever. B. If at any time any windows of in the Demised Premises are temporarily closed ("temporarily" for the purposes of this Section 12.01 meaning a period not in excess of thirty (30) consecutive days)closed, darkened or bricked bricked-up for any reason whatsoever (other than by reason of including, but not limited to, Landlord's own arbitrary, unjustified acts), Landlord shall not be liable to Tenant for any damage damages that Tenant may sustain thereby, and Tenant shall not be entitled to any compensation therefor nor abatement of rent or rent, additional rent, or other charges, nor shall the same release Tenant from its obligations hereunder nor or constitute an evictionactual or constructive eviction of the Tenant. C. Tenant shall indemnify and save Landlord harmless from and against (i) any and all claims against Landlord of whatever nature arising from any act, omission or negligence of Tenant, its contractors, licensees, agents, servants, employees, invitees and/or visitors, including any claims arising from any act, omission or negligence of Tenant, (ii) all claims against Landlord arising from any accident, injury or damage occurring outside of the Demised Premises, but within or about the lands and buildings where accident, injury or damage result or is claimed to have resulted from an act or omission of Tenant, its contractors, licensees, agents, servants, employees, invitees and/or visitors, including any claim arising from any act, omission or negligence of Tenant, and (iii) any breach, violation or nonperformance of any of the terms, covenants, and conditions contained in this lease on the part of Tenant to be fulfilled, kept, observed and performed. This indemnity and hold harmless covenant shall include indemnity from and against any and all liability, fines, suits, demands, costs and expenses (including attorneys' fees and disbursements) of any kind or nature incurred in connection with any such claim or proceeding brought thereon, and the defense thereof by the Landlord. If any claim, suit or demand is brought or made against Landlord for a matter covered by this indemnity, Landlord shall give Tenant prompt notice thereof and Tenant, upon receipt of such notice from Landlord, shall have the right to defend such claim, suit or demand with counsel reasonably satisfactory to Landlord. This indemnity and hold harmless covenant shall survive the expiration or the earlier termination of the term of this lease and for any period of time prior to the commencement of the term of this lease during which Tenant was given access to the Demised Premises. D. Tenant shall reimburse Landlord, as an item of additional rent within fifteen (15) days following written demand therefor, for all expenditures incurred by or damages or fines sustained or incurred by Landlord due to Tenant's default of the provisions of this Article. In any action or proceeding brought by Tenant against Landlord based on the allegations that Landlord has acted in an arbitrary and capricious manner and contrary to its contractual obligations not to act unreasonably in denying permission or refusing to approve any act that Tenant may desire to perform, Tenant may seek damages against Landlord in addition to an injunction or a declaratory judgment. E. Notwithstanding anything provided in this lease or provided at law or in equity to the contrary, in the event that Tenant shall obtain a monetary judgment against Landlord in any action or proceeding, Tenant shall seek satisfaction of such a judgment only from Landlord's estate and interest in the windows are closedlands and buildings of which the Demised Premises form a part (or the proceeds from the sale thereof) and no other property or other assets belonging to Landlord or its directors, darkened officers, partners, principals (disclosed or bricked up undisclosed) or employees shall be subject to lien, levy, execution or other enforcement procedure for more than thirty (30) consecutive days (the satisfaction of any such judgment arising from the relationship of Landlord and same shall not have been required by law)Tenant hereunder, there shall be, as Tenant's sole remedy, an equitable abatement for the Fixed Rent use and additional rent hereunder until such condition shall be remedied. Landlord agrees that Landlord will not permanently close, darken or brick up the windows occupancy of the Demised Premises unless required or this lease. If Tenant shall acquire a lien on such other property or assets by lawjudgment or otherwise, Tenant shall promptly release such lien by executing and delivering to Landlord an instrument to the effect prepared by Landlord. Tenant's covenants as contained in this Article shall survive the expiration or the earlier termination of the term of this lease.