Non Liability and Indemnification. 21.01 (a) To the fullest extent permitted by law, Landlord, the lessors under all superior leases (including the Existing Superior Lease), the holders of all superior mortgages, and all of their respective agents, officers, directors, shareholders, partners and principals (disclosed or undisclosed) (collectively, “Landlord Indemnitees”) shall not be liable or responsible to Tenant or any Tenant Party for any injury, loss or damage to Tenant, any Tenant Party or to any other person or for any damage to, or loss (by theft or otherwise) of, any property of Tenant, any Tenant Party or of any other person, irrespective of the cause of such injury, damage or loss, including any injury, loss or damage that may be occasioned by the acts or omissions of persons occupying any space adjacent to or adjoining the Premises, or elsewhere in the Building, or any part thereof, or for any loss or damage resulting to Tenant, any Tenant Party or any of their property from water, gas, steam, fire, or the bursting, stoppage or leaking of sewer or other pipes, except, in each case, to the extent caused by the negligence or misconduct of Landlord or a Landlord Party or for which Landlord or a Landlord Party is liable under Legal Requirements, in all events subject to Section 11.03 above. Furthermore, Landlord shall not be responsible or liable for any damage to property of Tenant, any Tenant Party or any other person, entrusted to employees of the Building. If at any time any windows of the Premises are closed, darkened or bricked up as a result of any Requirement or adjacent construction, neither Landlord nor any Landlord Indemnitee shall be liable for any damage Tenant or any Tenant Party may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement or diminution of rents nor shall the same release Tenant from its obligations under this Sublease nor constitute an eviction except as otherwise provided in this Sublease.
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Samples: Sublease (Jetblue Airways Corp)
Non Liability and Indemnification. 21.01 (a) As of the date hereof, Article 48 of the Original Lease shall be deemed deleted in its entirety and shall be replaced with the following:
"A. To the fullest extent permitted by law, neither Landlord nor Landlord, the lessors under all superior leases (including the Existing Superior Lease), the holders of all superior mortgages, and all of their respective agents's Agents, officers, directors, shareholders, partners and partners, members or principals (disclosed or undisclosed) (collectively, “Landlord Indemnitees”) shall not be liable or responsible to Tenant or Tenant's agents, employees, contractors, invitees or licensees or any Tenant Party other occupant of the Premises for any injury, loss or damage injury to Tenant, any Tenant Party or to any other person or for any damage to, or loss (by theft or otherwise) other loss of, any property of Tenant, any Tenant Party 's property or of the property of any other person, irrespective of except to the cause of extent such injury, damage or losstheft results from the negligence or willful misconduct of Landlord or Landlord's Agents. Tenant waives, including to the full extent permitted by law, any injuryclaim for consequential damages in connection therewith and Landlord and Landlord's Agents shall not be liable, loss or damage that may be occasioned by to the acts or omissions extent of persons occupying any space adjacent to or adjoining the PremisesTenant's insurance coverage, or elsewhere in the Building, or any part thereof, or for any loss or damage resulting to Tenant, any Tenant Party person or any of their property from water, gas, steam, fire, or the bursting, stoppage or leaking of sewer or other pipes, except, in each case, even if due to the extent caused by the negligence or misconduct of Landlord or a Landlord Party Landlord's Agents. Any Building employee to whom any property shall be entrusted by or for which Landlord or a Landlord Party is liable under Legal Requirements, in all events subject on behalf of Tenant shall be deemed to Section 11.03 above. Furthermore, Landlord shall not be responsible or liable for any damage acting as Tenant's agent with respect to such property of Tenant, any Tenant Party or any other person, entrusted to employees of the Building. If at any time any windows of the Premises are closed, darkened or bricked up as a result of any Requirement or adjacent construction, and neither Landlord nor any Landlord Indemnitee Landlord's Agents shall be liable for any loss of or damage Tenant or any Tenant Party may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement such property by theft or diminution otherwise, except to the extent such damage or theft results from the negligence or wilful misconduct of rents nor shall the same release Tenant from its obligations under this Sublease nor constitute an eviction except as otherwise provided in this SubleaseLandlord or Landlord's Agents.
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Samples: Lease (Playboy Enterprises Inc)
Non Liability and Indemnification. 21.01 (a) To the fullest extent permitted by law, Neither Landlord, the lessors under all superior leases any Superior Lessor or any Superior Mortgagee, nor any direct or indirect member, partner, director, officer, shareholder, principal, agent, servant or employee of Landlord, any Superior Lessor or any Superior Mortgagee (including the Existing Superior Lease), the holders of all superior mortgages, and all of their respective agents, officers, directors, shareholders, partners and principals (whether disclosed or undisclosed) (collectively), “Landlord Indemnitees”) shall not be liable or responsible to Tenant or for (i) any Tenant Party for any injuryloss, loss injury or damage to Tenant, any Tenant Party or to any other person or for any damage toperson, or loss (by theft to its or otherwise) of, any property of Tenant, any Tenant Party or of any other persontheir property, irrespective of the cause of such injury, damage or loss, including nor shall the aforesaid parties be liable for any injury, loss of or damage that may be occasioned to property of Tenant or of others entrusted to employees of Landlord; (ii) any loss, injury or damage described in clause (i) above caused by other tenants or persons in, upon or about the acts Building, or omissions caused by operations in construction of persons occupying any space private, public or quasi-public work or by reason of any repairs, maintenance, alterations to the Building or any property adjacent to the Building, (iii) any loss, injury or adjoining the Premisesdamage described in clause (i) above caused by fire or other casualty, or elsewhere (iv) even if negligent, consequential damages arising out of any loss of use of the Premises or any equipment, facilities or other Tenant’s Property therein; provided, that, in respect of clauses (i) and (ii) hereof, except to the extent of the release of liability and waiver of subrogation provided in Section 7.03 hereof, such clauses (i) and (ii) shall not be deemed to relieve Landlord of any liability to the extent resulting from the negligence of Landlord, its agents, servants or employees in the operation or maintenance of the Premises or the Building
(b) Except as otherwise expressly set forth in this Lease, 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 not be affected, impaired or excused because Landlord is unable to fulfill any of its obligations under this Lease expressly or impliedly to be performed by Landlord or because Landlord is unable to make, or is delayed in making, any repairs, additions, alterations, improvements or decorations to be made by it under this Lease or is unable to supply or is delayed in supplying any equipment or fixtures to be supplied by it under this Lease, if Landlord is prevented or delayed from so doing by reason of strikes or labor troubles or by accident, or by any cause whatsoever beyond Landlord's control, including, but not limited to, laws, governmental preemption in connection with a national emergency or by reason of any Laws or by reason of failure of any building systems in the Building, or by reason of the conditions of supply and demand which have been or are affected by war, terrorism or other emergency.
(c) Tenant shall indemnify and hold harmless Landlord, all Superior Lessors and all Superior Mortgagees and each of their respective direct and indirect member, partners, directors, officers, shareholders, principals, agents and employees (each, an “Indemnified Party”), from and against any part thereofand all claims arising from or in connection with (i) the conduct or management of the Premises or of any business therein, or for any loss work or damage resulting to Tenantthing done, or any condition created, in or about the Premises, (ii) any act, omission or negligence of Tenant Party or any person claiming through or under Tenant or any of their property from waterrespective direct or indirect member, gaspartners, steamdirectors, fireofficers, shareholders, principals, agents, employees or contractors, (iii) any accident, injury or damage occurring in, at or upon the burstingPremises, stoppage (iv) any default by Tenant in the performance of Tenant’s obligations under this Lease and (v) any brokerage commission or leaking similar compensation claimed to be due by reason of sewer any proposed subletting or other pipesassignment by Tenant (irrespective of the exercise by Landlord of any of the options in Sections 5.04 or 5.06, exceptas applicable); together with all costs, expenses and liabilities incurred in connection with each casesuch claim or action or proceeding brought thereon, including, without limitation, all attorneys’ fees and disbursements; provided, that the foregoing indemnity shall not apply to the extent caused by such claim results from the negligence (other than negligence to which the release of liability and waiver of subrogation provided in Section 7.03 below applies) or willful misconduct of Landlord the Indemnified Party. If any action or a Landlord proceeding is brought against any Indemnified Party or for which Landlord or a Landlord Party is liable under Legal Requirementsby reason of any such claim, in all events subject to Section 11.03 above. Furthermore, Landlord shall not be responsible or liable for any damage to property of Tenant, any Tenant upon notice from such Indemnified Party shall resist and defend such action or any other person, entrusted proceeding (by counsel reasonably satisfactory to employees of the Building. If at any time any windows of the Premises are closed, darkened or bricked up as a result of any Requirement or adjacent construction, neither Landlord nor any Landlord Indemnitee shall be liable for any damage Tenant or any Tenant Party may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement or diminution of rents nor shall the same release Tenant from its obligations under this Sublease nor constitute an eviction except as otherwise provided in this Subleasesuch Indemnified Party).
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Non Liability and Indemnification. 21.01 (a) To the fullest extent permitted by lawExcept as provided in Section 17.02., neither Landlord -------------- nor Landlord, the lessors under all superior leases (including the Existing Superior Lease), the holders of all superior mortgages, and all of their respective agents, officers, directors, shareholders, partners and principals (disclosed or undisclosed) (collectively, “Landlord Indemnitees”) 's agents shall not be liable or responsible to Tenant or any Tenant Party for any injury, loss or damage to Tenant, its employees, agents, contractors, invitees and licensees, and Tenant shall save Landlord and Landlord's agents harmless of and from all loss, cost, liability, claim, damage and expense, including, but not limited to reasonable counsel fees, penalties and fines incurred in connection with or arising from any injury to Tenant Party its servants, employees, contractors, agents, visitors, invitees or to any other person licensees, or for any damage to, or loss (by theft or otherwise) of, any property of Tenant, any Tenant Party or of any other person's Property, irrespective of the cause of such injury, damage or lossloss (excluding Landlord's or its agents', employees', contractors', invitees' or licensees' negligence or willful misconduct). Any Building employees to whom any property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant's agents with respect to such property, and neither Landlord nor Landlord's agents shall be liable for any loss of or damage to any such property by theft or otherwise.
(b) In any action brought to enforce the obligations of Landlord under this Lease, any judgment or decree shall be enforceable against Landlord only to the extent of Landlord's interest in the Building and Common Areas, including rents, insurance proceeds and condemnation awards, and no such judgment shall be the basis of execution on, or be a lien on, assets of Landlord or any injurypartner of Landlord other than Landlord's interest in the Building and Common Areas.
SECTION 17.02. Neither (a) the performance by Landlord, loss Tenant or damage that may be occasioned by the acts others of any construction, repairs, alterations, additions, installation of decorations or omissions of persons occupying any space adjacent improvements in, to or adjoining on the Building, Common Areas, or the Premises, nor (b) the failure of Landlord or elsewhere others to make any such repairs, alterations, additions, installation of decorations or improvements, nor (c) any damage to the Premises or to Tenant's Property, nor any injury to any persons, caused by other tenants or persons in the Building, or by operations in the construction of any part thereofprivate, public or quasi-public work, or for by any loss or damage resulting to Tenantother cause, nor (d) any Tenant Party or any of their property from waterlatent defect in the Building, gas, steam, fireCommon Areas, or in the burstingPremises, stoppage or leaking nor (e) any temporary covering of sewer or other pipes, except, in each case, to the extent caused by the negligence or misconduct of Landlord or a Landlord Party or for which Landlord or a Landlord Party is liable under Legal Requirements, in all events subject to Section 11.03 above. Furthermore, Landlord shall not be responsible or liable for any damage to property of Tenant, any Tenant Party or any other person, entrusted to employees of the Building. If at any time any windows of the Premises are closedfor any reason whatsoever, darkened or bricked up as a result including Landlord's own acts, nor any permanent covering of any Requirement such windows if required by law, order or adjacent constructionregulation of Federal, neither county, state or municipal authorities or by any direction pursuant to law or any public officer, nor (f) any inconvenience or annoyance to Tenant or injury to or interruption of Tenant's business by reason of any of the events or occurrences referred to in the foregoing subdivisions (a) through (e) shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant of any of its obligations under this Lease. Landlord nor shall make all commercially reasonable efforts to correct or alleviate any such condition described in this Section 17.02.
SECTION 17.03. Tenant agrees to indemnify and save Landlord Indemnitee shall and Landlord's agents harmless of and from all losses, costs, liabilities, claims, damages and expenses including, but not limited to reasonable counsel fees, penalties and fines, incurred in connection with or arising from (a) any default by Tenant in the observance or performance of any of the terms, covenants or conditions of this Lease on Tenant's part to be liable for any damage observed or performed, or (b) the use or occupancy or manner of use or occupancy of the Premises by Tenant or any person claiming through or under Tenant, or (c) any acts, omissions or negligence of Tenant Party or any such person, or the contractors, agents, servants, employees, visitors or licensees of Tenant, or any such person, in or about the Premises or the Building, or the Common Areas, either prior to, during, or after the expiration of the Term, including any acts, omissions or negligence in the making or performing or any improvements, or (d) failure, arising after the Commencement Date, to comply with the American with Disabilities Act of 1990, as may sustain thereby be amended from time to time, with respect to the Premises in accordance with the terms and provisions of this Lease. If any action or proceeding shall be brought against Landlord or Landlord's agents, based upon any such claim, and if Tenant, upon notice from Landlord, shall cause such action or proceeding to be defended at Tenant's expense by counsel reasonably satisfactory to Landlord, without any disclaimer of liability by Tenant in connection with such claim, Tenant shall not be entitled required to any compensation therefor nor abatement indemnify Landlord and Landlord's agents for counsel fees in connection with such action or diminution proceeding.
SECTION 17.04. Tenant shall pay to Landlord, within ten (10) days next following delivery by Landlord to Tenant of rents nor shall the same release Tenant from its bills or statements therefor, sums equal to all losses, costs, liabilities, claims, damages and expenses referred to in Section 17.03. Tenant's obligations under this Sublease nor constitute an eviction except as otherwise provided in this SubleaseArticle shall survive the ------------- Expiration Date or sooner termination of the Term.
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