Common use of NON-LIABILITY OF LANDLORD Clause in Contracts

NON-LIABILITY OF LANDLORD. Neither Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall be liable to Tenant for any loss, injury or damage to Tenant or to any other person, or to its or their property; provided, however, that if such injury, damage or loss is caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors, then Landlord (or Successor Landlord, as the case may be) shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee of Landlord (or any Successor Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in, upon or about the Building, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any person claiming through or under Tenant, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor Landlord shall be liable for any damage to Tenant's Property or injuries caused by water from bursting or leaking pipes, waste water about the Property, or otherwise, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor Landlord shall be required to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employees.

NON-LIABILITY OF LANDLORD. Neither Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall be liable a. Except to Tenant for any loss, injury or damage to Tenant or to any other person, or to its or their property; provided, however, that if such injury, damage or loss is the extent caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be)its agents and employees, its agents, employees or contractors, then Landlord (or Successor Landlord, as the case may be) shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee of Landlord (or any Successor Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in, upon or about the Building, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any person claiming through or under Tenant, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor Landlord shall not be liable for any damage to Tenant's Property or injuries caused injury which may be sustained by water from bursting Tenant or leaking pipesby any other person, as a consequence of the failure, breakage, leakage or obstruction of the street or sub-surface; or of the water, plumbing, steam, sewer, waste water about or soil pipes; or of the Propertyroof, walls, drains, leaders, gutters, valleys, downspouts or the like; or of the electrical, gas, power conveyor, refrigeration, sprinkler, air conditioning or heating systems; or of the elevators or hoisting equipment; or of any other structural failure; or by reason of the elements; or resulting from theft or pilferage; or resulting from fire, explosion, or otherwiseother casualty; or resulting from the carelessness, unless caused by negligence, or improper conduct on the gross negligence part of the Tenant, any other tenant, or of Landlord, except willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees employees, guests, licensees, invitees, subtenants, assignees or contractorssuccessors; or from an intentional attributable to any interference with, interruption of or negligent act failure, beyond the control of Landlord, of any co- services to be furnished or supplied by Landlord. All property kept, maintained or stored at the sole risk of the Tenant. b. Landlord shall not be liable to Tenant or any person or entity claiming through the Tenant, nor shall Tenant be excused from the performance of any obligation hereunder, due to any breach or violation by Landlord, by any other tenant or occupant by any other person or entity, of: (i) any rule or regulation established by Landlord; or (ii) any provision, covenant, term or condition of any other agreement affecting the Building and lands or any portion thereof. Further, Landlord shall not be liable, nor shall Tenant be excused from the performance of any obligation hereunder, due to the Landlord enforcing any right or remedy against the Tenant and/or against other tenants of the property surrounding Building, but not against all tenants of the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor Landlord shall be required to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesBuilding.

NON-LIABILITY OF LANDLORD. Neither Except for Landlord’s own negligence, or conduct in breach of this Lease, Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any loss, injury or damage to Tenant any person or to property in or about the Building resulting from the Building or Premises, or any part thereof, or any equipment thereof becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air-conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of Landlord or of other tenants or occupants or employees in the Building; or any other personthing or circumstance whatsoever, whether of a like nature or of a wholly different nature. All property in or about the Building or in the Premises belonging to its or their property; provided, however, that if such injury, damage or loss is caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be)Tenant, its agents, employees or contractorsinvitees shall be there at the risk of Tenant or other person only, then and Landlord (shall not be liable for damage thereto or Successor theft, misappropriation or loss thereof. If Landlord shall fail to perform any covenant or condition of this Lease upon Landlord’s part to be performed and, as a consequence of such default, Tenant shall recover a money judgment against Landlord, as the case may be) such judgment shall be liable therefor. Furthersatisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee title and interest of Landlord (or any Successor Landlord) shall be liable: (a) for any in the Building and out of rents, other income from such damage caused by other tenants or persons in, upon or about the Buildingproperty, or caused insurance proceeds payable with respect to such property receivable by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any person claiming through or under Tenant, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither and neither Landlord nor any Successor partners of Landlord shall be personally liable for any damage to Tenant's Property or injuries caused by water from bursting or leaking pipes, waste water about the Property, or otherwise, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor Landlord shall be required to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesdeficiency.

NON-LIABILITY OF LANDLORD. Neither Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any lossinjury or damage to any person or property in or about the Development resulting from the Development, Building or Leased Premises, or any part thereof or any equipment thereof becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air-conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of Landlord or of other tenants or occupants or employees in the Development; or any other thing or circumstance whatsoever, whether of a like nature or of a wholly different nature, so long as the claim, injury or damage to Tenant or to any other person, or to its or their property; provided, however, that if such injury, damage or loss is caused by the result of the Landlord's gross negligence including any representative, invitee or willful misconduct agent of the Landlord (. All property in or Successor Landlord, as about the case may be)Development or in the Leased Premises belonging to Tenant, its agents, employees or contractors, then Landlord (or Successor Landlord, as the case may be) invitees shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee there at the risk of Landlord (or any Successor Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in, upon or about the Building, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any other person claiming through or under Tenantonly, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor and Landlord shall not be liable for any damage to Tenant's Property thereto or injuries caused by water from bursting theft, misappropriation or leaking pipesloss thereof. IF LANDLORD SHALL FAIL TO PERFORM ANY TERM, waste water about the PropertyCONDITION, or otherwiseCOVENANT OR OBLIGATION REQUIRED TO BE PERFORMED BY IT UNDER THIS LEASE AND IF TENANT SHALL, unless caused by the gross negligence or willful misconduct of Landlord (or Successor LandlordAS A CONSEQUENCE THEREOF, as the case may be)RECOVER A MONEY JUDGMENT AGAINST LANDLORD, its agentsTENANT AGREES THAT IT SHALL LOOK SOLELY TO LANDLORD'S RIGHT, employees or contractorsTITLE AND INTEREST IN AND TO THE BUILDING. UNDER NO CIRCUMSTANCE SHALL ANY OWNER, PAR1NER, MEMBER OR MANAGER IN OR OF LANDLORD BE LIABLE FOR THE COLLECTION OF SUCH JUDGMENT; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the PropertyAND TENANT FURTHER AGREES THAT NO OTHER ASSETS OF LANDLORD SHALL BE SUBJECT TO LEVY, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor Landlord shall be required to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesEXECUTION OR OTHER PROCESS FOR THE SATISFACTION OF TENANT'S JUDGMENT.

NON-LIABILITY OF LANDLORD. Neither 27.1 In the event Landlord nor hereunder or any ------------ ------------------------- beneficiarysuccessor owner of the Building shall sell or convey the Building, partnerall liabilities and obligations on the part of the original Landlord or such successor owner under this Lease accruing thereafter shall terminate, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, and thereupon all such liabilities and obligations shall be binding upon the new owner. Tenant shall attorn to such new owner. 27.2 Landlord shall not be responsible or liable to Tenant for any loss, injury loss or damage that may be occasioned by or through the acts or omissions of third parties or for any loss or damage resulting to Tenant or to any other personits property from theft or a failure of the security systems in the Building, or to its or their property; provided, however, that if such injury, for any damage or loss is caused of property within the Demised Premises from any cause other than solely by reason of the gross negligence or willful misconduct act of Landlord, and no such occurrence shall be deemed to be an actual or constructive eviction from the Demised Premises or result in an abatement of rental. 27.3 If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord’s part to be performed, and, if as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only against the right, title and interest of Landlord (in the Demised Premises and out of rents or Successor other income from the Demised Premises receivable by Landlord, as or out of the case may be), its agents, employees consideration received by Landlord from the sale or contractors, then Landlord (or Successor Landlord, as the case may be) shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee other disposition of Landlord (all or any Successor part of Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in’s right, upon or about title and interest in the BuildingDemised Premises, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any person claiming through or under Tenant, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither and neither Landlord nor any Successor of the members, managers, partners, employees, agents or contractors of Landlord shall be liable for any damage to Tenant's Property or injuries caused by water from bursting or leaking pipes, waste water about the Property, or otherwise, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor Landlord shall be required to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesdeficiency whatsoever.

NON-LIABILITY OF LANDLORD. Neither If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord’s part to be performed, and if Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the income related to the operation and/or leasing of the Building, as well as the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of Landlord in the Building as the same may then be encumbered, and neither Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall be liable to Tenant for any loss, injury or damage to Tenant or to any other person, or to its or their property; provided, however, that if such injury, damage or loss is caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors, then Landlord (or Successor Landlord, as the case may be) shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee of Landlord (or any Successor Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in, upon or about the Building, or caused by operations party having an interest in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any person claiming through or under Tenant, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor Landlord shall be liable for any damage deficiency. It is understood that in no event shall Tenant have any right to (i) levy execution against any property of Landlord other than its interest in the Building as hereinbefore expressly provided or (ii) collect consequential or punitive damages from Landlord. In the event of the sale or other transfer of Landlord’s right, title and interest in the Premises or the Building to a third party (but excluding transfers intended as an attempt to avoid Landlord’s obligations herein or to an entity with no assets), Landlord shall, so long as the successor landlord agrees, in writing to be bound by all obligations of Landlord: (a) be released from all liability and obligations hereunder thereafter accruing, and the successor landlord shall be liable for all such liabilities and obligations, and (b) provide Tenant with written notice of the name and address of the successor landlord in a timely manner after such sale or transfer. Notwithstanding anything set forth above to the contrary, in the event Landlord fails to perform any service or maintenance obligation to be performed by Landlord in the Premises, Tenant shall have the right to perform such service or maintenance obligation within the Premises and to charge Landlord for all reasonable costs and expenses incurred by Tenant in connection therewith. Additionally, Tenant may offset such reasonable costs and expenses against Total Rent if Landlord does not pay Tenant in a timely manner. Notwithstanding anything set forth above, Tenant's Property or injuries caused ’s right to self-help is subject to prior written notice by water from bursting or leaking pipes, waste water about the PropertyTenant to Landlord regarding Landlord’s failure to perform and Landlord’s failure to thereafter cure within said thirty (30) days, or otherwiseif such default cannot be cured within such period of time, unless caused by the gross negligence or willful misconduct of Landlord Landlord’s failure to commence cure within thirty (or Successor Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all 30) days and to diligently continue to prosecute such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor Landlord shall be required to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeescure.

NON-LIABILITY OF LANDLORD. Neither 17.1 Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant shall not be responsible or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall be liable to Tenant for any loss, injury loss or damage to Tenant that may be occasioned by or to through the acts or omissions of persons occupying adjoining premises or any other personpart of the area adjacent to, or to its or their property; providedconnected with, however, that if such injury, damage or loss is caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors, then Landlord (or Successor Landlord, as the case may be) shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee of Landlord (demised premises or any Successor Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in, upon or about part of the Building, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use or damage resulting to Tenant or its property from theft or a failure of the Premises security systems in the Building, or from burst, stopped or leaking water, gas, sewer or steam pipes, or for any equipment damage or facilities therein by Tenant loss of property within the demised premises from any cause whatsoever; and no such occurrence shall be deemed to be an actual or any person claiming through constructive eviction from the demised premises or under Tenant, result in an abatement of rental unless caused by the gross negligence or willful misconduct act of Landlord, its agents or employees. 17.2 In the event of any sale or transfer (including any transfer by operation of law) of the demised premises, Landlord (and any subsequent owner of the demised premises making such a transfer) shall be relieved from any and all obligations and liabilities under this Lease except such obligations and liabilities as shall have arisen during Landlord's (or such subsequent owner's) respective period of ownership, provided that the transferee assumes in writing all of the obligations of Landlord (under this Lease which arise subsequent to the transfer. Tenant shall attorn to such new owner. 17.3 If Landlord shall fail to perform any covenant, term or Successor condition of this Lease upon Landlord's part to be performed, and if as a consequence of such default, Tenant shall recover a money judgment against Landlord, as such judgment shall be satisfied only against the case may be)right, its agentstitle and interest of Landlord in the Building and out of rents or other income from the Building receivable by Landlord, employees or contractors. Neither out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord's right, title and interest in the Building, and neither Landlord nor any Successor of the members of the entity comprising the Landlord herein or the members or partners thereof, nor anyone claiming by, through or under Landlord, shall be liable for any damage to Tenant's Property or injuries caused by water from bursting or leaking pipes, waste water about the Property, or otherwise, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor Landlord shall be required to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesdeficiency.

NON-LIABILITY OF LANDLORD. Neither Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any loss, injury or damage to Tenant any person or to property in or about the Premises resulting from the Premises, or any part thereof or any equipment thereof, becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of other tenants or occupants or employees in the Premises; or any other personthing or circumstance whatsoever concerning the Premises, whether of a like nature or to its or their property; provided, however, that if such injury, damage or loss is of a wholly different nature unless caused by the willful misconduct or gross negligence of Landlord. All property in or willful misconduct of Landlord (or Successor Landlord, as about the case may be)Premises belonging to Tenant, its agents, employees or contractors, then Landlord (or Successor Landlord, as the case may be) invitees shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee there at the risk of Landlord (or any Successor Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in, upon or about the Building, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any other person claiming through or under Tenantonly, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof. If Landlord shall fail to perform any damage covenant or condition of this Lease upon Landlord’s part to Tenant's Property or injuries caused by water from bursting or leaking pipesbe performed and, waste water about as a consequence of such default, Tenant shall recover a money judgment against Landlord, then such judgment shall be satisfied only out of the Propertyproceeds of sale received upon execution of such judgment and levy thereon against the right, or otherwise, unless caused by the gross negligence or willful misconduct title and interest of Landlord (or Successor Landlord, as in the case may be), its agents, employees or contractors; or from an intentional or negligent act Premises and out of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane rents or other acts of God; income from such property receivable by Landlord and any insurance or condemnation proceeds that are available for use by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor and Landlord shall not be required to furnish personally liable for any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesdeficiency.

NON-LIABILITY OF LANDLORD. Neither Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any loss, injury or damage to Tenant property in or to about the Building resulting from the Building or Premises, or any part thereof or any equipment thereof becoming out of repair; flooding of basements or other areas; damage caused by sprinkling devices, air-conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of Landlord or of other tenants or occupants or employees in the Building; or any other personthing or circumstance whatsoever, whether of a like nature or of a wholly different nature. All property in or about the Building or in the Premises belonging to its or their property; provided, however, that if such injury, damage or loss is caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be)Tenant, its agents, employees or contractorsinvitees shall be there at the risk of Tenant or other person only, then and Landlord (shall not be liable for damage thereto or Successor theft, misappropriation or loss thereof. Landlord shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, as the case may be) shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee of Landlord (or any Successor Landlord) shall be liable: (a) for any such damage caused by other tenants personal injury resulting to Tenant or persons inits employees, upon agents, invitees or customers within or about the Building, or caused by operations in construction of Building from any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of cause whatsoever except to the Premises or any equipment or facilities therein by Tenant or any person claiming through or under Tenant, unless caused by extent the gross same results from the negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its employees and agents, employees or contractors. Neither Landlord nor any Successor If Landlord shall fail to perform any covenant or condition of this Lease upon Landlord's part to be performed and, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Building and out of rents or other income from such property receivable by Landlord and Landlord shall not be personally liable for any damage deficiency. Notwithstanding the foregoing, in the event that Tenant is unable to Tenant's Property or injuries caused by water satisfy such judgment from bursting or leaking pipesthe aforesaid sources, waste water about then Tenant shall have the Property, or otherwise, unless caused by right to deduct from the gross negligence or willful misconduct rent and additional rent thereafter to become due the amount of Landlord (or Successor Landlord, as such judgment to the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenantextent unsatisfied. Neither Landlord nor any Successor Landlord shall be required to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employees.-12-

NON-LIABILITY OF LANDLORD. Neither Tenant understands and agrees that Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant or employee of and Landlord, nor any Superior Lessor nor any Superior Mortgagee, ’s agents shall not be liable to Tenant for any loss, injury or damage to Tenant person or to any other personproperty of Tenant, or to its or their property; providedhis family, however, that if such injury, damage or loss is caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agentsguests, employees or contractorsinvitees, then occurring in, on or about the leased premises, or occurring anywhere in an area in which the leased premises are located, or in or upon the grounds in which the apartment building or house is located, or in any other building or structure on said grounds, however caused, and Tenant agrees to defend, indemnify and hold Landlord (and Landlord’s agents harmless from any and all claims, suits or Successor damages resulting therefrom. Tenant understands and agrees that Landlord and Landlord, as the case may be) shall ’s agents will not be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee of Landlord (or any Successor Landlord) shall be liable: (a) responsible for any such damage caused by other tenants leaks in the roof, by bursting pipes, by freezing or persons in, upon or about the Buildingotherwise, or caused by operations in construction of any private, public vices or quasi-public work; or (b) for consequential damages arising out of any loss of use defects of the Premises leased property, or any equipment the consequences thereof, nor will the Landlord or facilities therein by Tenant or any person claiming through or under Tenant, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor Landlord shall ’s agents be liable for damages or injury caused by any damage vices or defects of the leased property to Tenant's Property or injuries caused by water from bursting or leaking pipes, waste water about the Property, or otherwise, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant or to anyone in the building or on the premises, except in case of positive neglect or failure to take action toward the property surrounding remedying of such defects within reasonable time after having written notice from Tenant of such defects and the Propertydamage caused thereby. Should Tenant fail to so notify Landlord promptly, in writing, of any such defects, Tenant will become responsible for any damage or any other person; or by fire, hurricane injury resulting to Landlord or other acts of God; or parties caused by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by tenant’s negligence. It is recommended that the said Tenant shall maintain renter’s insurance coverage on Tenant’s possessions to be placed within and on the premises. Neither Landlord nor any Successor Tenant understands and agrees that Landlord shall only be required to furnish any services maintain such insurance as is required by law, and is under no duty to Tenant to provide insurance insuring Tenant, Tenant’s family, guests, visitors or facilities toother invitees, or the property of Tenant or such other persons. LANDLORD: Signature: _________________________________ Printed Name: __________________ TENANT: Signature: _________________________________ Printed Name: ________________________________ Contact Number: (_____) ________-___________ E-Mail Address: _______________________________ TENANT: Signature: _________________________________ Printed Name: ________________________________ Contact Number: (_____) ________-___________ E-Mail Address: _______________________________ This receipt establishes that __________________ (Landlord) has received from __________________________________________________ (Tenant), a security deposit (Cash / Money Order / Check #______ ) in the amount of ________________________________________________ ($_____________) on _________________, 2017. This deposit secures Tenant’s legal obligations with respect to make any repairs to or replacements or alterations ofTenant’s renting the property at 0000 Xxxxxxxxxx Xxxxx, Xxxx _____, Xxxxx Xxxxx, Xxxxxxxxx, 00000. Tenant is aware that if his/her application is not approved, the Premises where such servicessecurity deposit will be refunded and Tenant will not be allowed to occupy the property. If the application is approved, facilities, repairs, replacements or alterations are necessitated by this deposit will hold the negligence or misconduct of above referenced property for Tenant, its agents and employees.

NON-LIABILITY OF LANDLORD. Neither Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any loss, injury or damage to Tenant any person or to property in or about the Premises resulting from the Premises, or any part thereof or any equipment thereof, becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of other tenants or occupants or employees in the Premises; or any other personthing or circumstance whatsoever concerning the Premises, whether of a like nature or to its or their property; provided, however, that if such injury, damage or loss is of a wholly different nature unless caused by the willful misconduct or gross negligence of Landlord. All property in or willful misconduct of Landlord (or Successor Landlord, as about the case may be)Premises belonging to Tenant, its agents, employees or contractors, then Landlord (or Successor Landlord, as the case may be) invitees shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee there at the risk of Landlord (or any Successor Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in, upon or about the Building, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any other person claiming through or under Tenantonly, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof. If Landlord shall fail to perform any damage covenant or condition of this Lease upon Landlord’s part to Tenant's Property or injuries caused by water from bursting or leaking pipesbe performed and, waste water about as a consequence of such default, Tenant shall recover a money judgment against Landlord, then such judgment shall be satisfied only out of the Propertyproceeds of sale received upon execution of such judgment and levy thereon against the right, or otherwise, unless caused by the gross negligence or willful misconduct title and interest of Landlord (in the Premises and out of rents or Successor Landlordother income from such property receivable by Landlord and any insurance or condemnation proceeds that are available for use by Landlord and Landlord shall not be personally liable for any deficiency. The foregoing shall not diminish or in any way affect the liability of Gilbane Properties, Inc., as developer under the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor Landlord shall be required to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesDevelopment Agreement.

NON-LIABILITY OF LANDLORD. Neither Landlord nor Except for any ------------ ------------------------- beneficiary, partner, officer, agent, servant claim arising from the willful misconduct or employee negligence of Landlord, nor any Superior Lessor nor any Superior Mortgageeits agents, employees, or contractors, then, only to the extent such claims are not covered by insurance, Landlord shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any loss, injury or damage to any person or property in or about the Project resulting from the Project, Building or Premises, or any part thereof or any equipment thereof becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air-conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of Landlord or of other tenants or occupants or employees in the Project; or any other thing or circumstance whatsoever, whether of a like nature or of a wholly different nature. All property in or about the Project or in the Premises belonging to Tenant, its agents, employees or invitees shall be there at the risk of Tenant or other person only, and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof except to any other personthe extent such shall damage, or to its or their property; providedtheft, however, that if such injury, damage misappropriation or loss is caused by the gross negligence or willful misconduct or negligence of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractorsemployees, then Landlord (or Successor Landlord, as the case may be) shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee of Landlord (or any Successor Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in, upon or about the Building, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any person claiming through or under Tenant, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor If Landlord shall fail to perform any covenant or condition of this Lease upon Landlord’s part to be performed and, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Project and out of rents or other income from such property receivable by Landlord and Landlord shall not be personally liable for any damage to Tenant's Property or injuries caused by water from bursting or leaking pipes, waste water about the Property, or otherwise, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor Landlord shall be required to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesdeficiency.

NON-LIABILITY OF LANDLORD. Neither Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall not be liable to Tenant for any loss, injury or damage to Tenant persons or to property either caused by or resulting from falling plaster or drywall, dampness, overflow or leakage upon or into the Premises of water, rain, snow, ice, sewage, steam, gas, or electricity, or by any breakage in or malfunction of electronically locking doors, video cameras, pipes, plumbing fixtures, air conditioners, or appliances, or leakage, breakage, or obstruction of soil pipes, nor for any injury or damage from any other person, cause unless any such injury or to its damage is the result of willful misconduct or their property; provided, however, that if such injury, damage or loss is caused by the gross negligence or willful misconduct of Landlord. Tenant shall give prompt notice to Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors, then Landlord (or Successor Landlord, as the case may be) shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee of Landlord (or any Successor Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in, upon or about the Building, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any person claiming through or under foregoing occurrences, however caused. In addition, Landlord is not responsible for theft of Tenant, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor Landlord shall be liable for any damage to Tenant's Property or injuries caused by water from bursting or leaking pipes, waste water about the Property, or otherwise, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the ’s personal property surrounding the Property, or any other person; criminal acts by known or unknown third parties on or near Premises. It shall be the responsibility of Tenant to obtain insurance to cover loss or damage to personal property. A breach by fire, hurricane or any other tenant of any term of that tenant’s rental agreement shall not constitute a breach by Landlord of any obligation to Tenant hereunder. Tenant hereby releases Landlord from any liability resulting from the acts of God; or by riotsthird persons who are not agents of 865 East, criminals or vandals; LLC, or from any other cause; all such risks hereby fully assumed by Tenanttenants. Neither Landlord nor any Successor Landlord There shall be required no rent reductions, compensation to furnish Tenant, or cause for termination of this Rental Agreement because of interruptions of any utilities or services or facilities tothe failure of any appliance to function properly or because of any inconvenience arising from such interruption or failure to function properly where Landlord has been notified of any such interruption, malfunction, or failure of the above services by Tenant and has made reasonable efforts to make repair. Tenant understands that any repairs to or replacements or alterations ofand all of the community’s recreation facilities and/or amenities are gratuitously supplied for Tenant and Tenant’s guest’s use, and at the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesuser’s sole risk.

NON-LIABILITY OF LANDLORD. Neither Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall be liable to Tenant Except for any loss, injury or damage to Tenant or to any other person, or to its or their property; provided, however, that if such injury, damage or loss is caused by the gross negligence or willful misconduct acts or omissions of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors, then Landlord (or Successor shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, as for any injury or damage to any person or property in or about the case may be) shall be liable therefor. FurtherProject resulting from the Project, neither LandlordBuilding or Premises, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee of Landlord (or any Successor Landlord) shall be liable: (a) for part thereof, or any such damage equipment thereof becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; or any act or neglect of other tenants or persons inoccupants in the Project or their respective employees, upon contractors or invitees. Except for the negligence or willful acts or omissions of Landlord or its agents, employees or contractors, all property in or about the Building, Project or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any person claiming through or under belonging to Tenant, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor invitees shall be there at the risk of Tenant or other person only, and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof. If Landlord shall fail to perform any damage covenant or condition of this Lease upon Landlord's part to Tenant's Property or injuries caused by water from bursting or leaking pipesbe performed, waste water about and, as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the Propertyproceeds of sale received upon execution of such judgment and levy thereon against the right, or otherwise, unless caused by the gross negligence or willful misconduct title and interest of Landlord (in the Project and out of rents or Successor other income from such property receivable by Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor and Landlord shall not be required to furnish personally liable for any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesdeficiency.

NON-LIABILITY OF LANDLORD. Neither Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, for any loss, injury or damage to Tenant any person or to property in or about the Building resulting from the Building or Premises, or any part thereof, or any equipment thereof becoming out of repair; flooding of basements or other areas; damages caused by sprinkling devices, air-conditioning apparatus, snow, frost, water leakage, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing fixtures; any act or neglect of other tenants or occupants or employees in the Building; or any other personthing or circumstance whatsoever, whether of a like nature or to its or their property; providedof a wholly different nature, however, that if such injury, damage or loss is unless caused by the gross negligence negligent or willful misconduct intentional acts of Landlord (Landlord. All property in or Successor Landlord, as about the case may be)Building or Premises belonging to Tenant, its agents, employees or contractors, then Landlord (or Successor Landlord, as the case may be) invitees shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee there at the risk of Landlord (or any Successor Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in, upon or about the Building, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any other person claiming through or under Tenantonly, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof. If Landlord shall fail to perform any damage covenant or condition of this Lease upon Landlord's part to Tenant's Property or injuries caused by water from bursting or leaking pipesbe performed and, waste water about as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the Propertyproceeds of sale received upon execution of such judgment and levied thereon against the right, or otherwise, unless caused by the gross negligence or willful misconduct title and interest of Landlord (in the Building and out of rents or Successor other income from such property receivable by Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor and Landlord shall not be required to furnish personally liable for any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesdeficiency.

NON-LIABILITY OF LANDLORD. Neither Landlord nor any ------------ ------------------------- beneficiaryand Landlord’s agents and employees shall not be responsible or liable for, partnerand Tenant waives all claims for, officer, agent, servant loss or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall damage that may be liable occasioned to Tenant for any loss, injury Tenant’s business or damage to person or property sustained by Tenant resulting from any accident or to any other person, or to its or their property; provided, however, that if such injury, damage or loss is occurrence (unless caused by or resulting from the gross negligence or willful misconduct of Landlord (or Successor Landlord, as or Landlord’s employees, or agents other than accidents or occurrences against which Tenant is insured) in or upon the case may be)Premises or the building, its agentsincluding, employees or contractorsbut not limited to, then Landlord (or Successor Landlord, as the case may be) shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee of Landlord (or any Successor Landlord) shall be liableclaims for damage resulting from: (ai) for any such damage caused equipment or appurtenances becoming out of repair (unless it is a Structural Repair that is Landlord’s obligation pursuant to the terms of this Lease); (ii) injury done or occasioned by wind; (iii) any defect in or failure of plumbing, heating or air conditioning equipment, electric wiring or installation thereof, gas, water, fire, and steam pipes, stairs, porches, railing or walks; (iv) broken glass; (v) the backing up of any sewer pipe or downspout; (vi) the bursting, stoppage, leaking or running of any tank, tub, washstand, water closet, waste pipe, drain or other tenants pipe or persons tank in, upon or about the Buildingbuilding or the Premises; (vii) the escape of steam or hot water; (viii) water, snow or caused by operations in construction of ice being upon or coming through the roof, skylight, trapdoor, stairs, doorways, show windows, walks or any private, public other place upon or quasi-public work; near the building or (b) for consequential damages arising out of any loss of use of the Premises or otherwise; (ix) the falling of any equipment fixture, plaster, tile or facilities therein stucco; and (x) any act, omission or negligence of other tenants, licensees or of any other persons or occupants of ​ ​ the building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or any part thereof. Landlord shall not be responsible or liable to Tenant for any loss or damage that may be occasioned by the acts or omissions of persons occupying any space adjacent to or adjoining the Premises, or any part thereof, or for any loss or damage resulting to Tenant or any person claiming through its property from water, gas steam, fire, or under Tenantthe bursting, unless caused stoppage or leaking of sewer pipes, provided such loss or damage is not occasioned by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), or its agents, employees or contractors. Neither Landlord nor any Successor Landlord shall be liable for any damage to Tenant's Property or injuries caused by water from bursting or leaking pipes, waste water about the Propertyemployees, or otherwise, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor Landlord shall be required to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employees.

NON-LIABILITY OF LANDLORD. LESSORS AND MORTGAGEES; ------------------------------------------------- TENANT'S INDEMNIFICATION ------------------------ (a) The obligations of Landlord under this Lease shall not be binding upon Landlord named herein after the sale, conveyance, assignment or transfer by such Landlord (or upon any subsequent landlord after the sale, conveyance, assignment or transfer by such subsequent landlord) of all its interest as tenant under the ground leases of the Building and/or the Real Property, as the case may be. (b) In the event of any such sale, conveyance, assignment or transfer, Landlord shall be and hereby is entirely freed and relieved of all existing and future covenants, obligations and liabilities of Landlord hereunder (to the extent of the interest transferred), and it shall be deemed and construed without further agreement between the parties or their successors in interest or the parties and the transferees of said property that such purchaser, grantee, assignee or other transferee has assumed and agreed to carry out, undertake and perform any and all covenants, obligations and liabilities of Landlord hereunder (to the extent of the interest transferred). (a) Neither Landlord nor any ------------ ------------------------- beneficiarythe shareholders, partnerprincipals, officerdirectors, agentofficers, servant agents, servants or employee employees of Landlord, if Landlord is a corporation, nor the partners comprising Landlord (nor any Superior Lessor of the shareholders, principals, directors, officers, agents, servants or employees of such partners), if Landlord is a partnership or joint venture, whether disclosed or undisclosed (collectively, the "Parties"), shall be liable for the performance of Landlord's obligations under this Lease. Tenant shall look solely to Landlord to enforce Landlord's obligations hereunder and shall not seek any damages against any of the Parties. (b) The liability of Landlord for Landlord's obligations under this Lease shall not exceed and shall be limited to, Landlord's estate and interest as tenant under the ground leases of the Building and the Real Property as well as the proceeds from any Taking and any insurance proceeds from a casualty, and Tenant shall not look to any other property or assets of Landlord or the property or assets of any of the Parties in seeking either to enforce Landlord's obligations under this Lease or to satisfy or collect on a judgment for Landlord's failure to perform such obligations. No other property or assets of Landlord and/or the Parties shall be subject to levy, lien, execution, attachment or other enforcement procedure. (a) Neither Landlord, any lessor or any mortgagee, nor any Superior Mortgageeof the Parties of Landlord, any lessor or any mortgagee (in any case, whether disclosed or undisclosed), shall be liable to Tenant for any loss, injury or damage to Tenant or to any other person, or to its or their property; provided, however, that if or for any interruption to tenants or any other persons or business irrespective of the cause of such injury, damage or loss, including, but not limited to, injury, damage or loss resulting from or connected with: (i) fire, explosion, falling plaster, steam, gas, electricity, water, rain or snow or leaks from any part of the Building or from the pipes, appliances or plumbing works or from the roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature; (ii) any latent defect in the Premises or in the Building (except, however, for those latent defects in the Base Building Work of which Tenant has given Landlord notice and for which Landlord is obligated or responsible to make repairs, as aforesaid); or (iii) any security system implemented or installed by Landlord for or at Building, nor shall the aforesaid entities and Parties be liable for any damage to property of Tenant or of others entrusted to employees of Landlord nor for loss of or damage to any such property by theft or otherwise except if and to the extent the same is caused by or results from the gross negligence or willful misconduct of Landlord (or Successor Landlord, as or any of the case may be), its agents, employees Parties in the operation or contractors, then Landlord maintenance of the Premises or the Building. (or Successor Landlord, as the case may beb) shall be liable therefor. Further, neither Landlord, any Superior Lessor lessor, or Superior Mortgageeany mortgagee, nor any partner, director, officer, agent, servant or employee of Landlord (or any Successor Landlord) the Parties shall be liable: (a) liable for any such damage caused by other tenants or persons in, upon or about the Building, or caused by operations in construction of any private, public or quasi-public quasipublic work; or (b) even if negligent, for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any person claiming by, through or under Tenant, unless caused by the gross negligence or willful misconduct . (c) Nothing in this Section 17.03 shall affect any right of Landlord to the indemnity from Tenant to which Landlord may be entitled under this Article 17 in order to recoup for payments made to compensate for losses of third parties. (a) Tenant shall indemnify and hold harmless Landlord and all lessors and mortgagees and its and their respective Parties from and against any and all claims arising from or Successor in connection with the conduct or management of the Premises or of any business therein, or any work or thing whatsoever done, or any condition created (other than by Landlord) in or about the Premises during the Term of this Lease or during the period of time, as if any, prior to the case Commencement Date that Tenant may be)have been given access to the Premises; any act, omission or negligence of Tenant or any of its subtenants or licensees or its or their partners, directors, officers, agents, servants, employees or contractors; any accident, injury or damage whatever (unless caused solely by Landlord's negligence) occurring in, at or upon the Premises; and any breach or default by Tenant in the full and prompt payment and performance of Tenant's obligations under this Lease; together with all costs, expenses and liabilities incurred in connection with each such claim or action or proceeding brought thereon, including, without limitation, reasonable attorneys' fees, court costs and expenses. (b) In case any action or proceeding shall be brought against Landlord and/or any lessor or mortgagee and/or its or their respective Parties by reason of any such claim, Tenant, upon notice from Landlord or such lessor or mortgagee, shall resist and defend such action or proceeding (by counsel reasonably satisfactory to Landlord or such lessor or mortgagee). Section 17.05. Neither For purposes of this Article 17, any Building employee to whom any property shall be entrusted by or on behalf of Tenant shall be deemed to be acting as Tenant's agent with respect to such property and neither Landlord nor any Successor Landlord of the Parties shall be liable for any damage to Tenant's Property or injuries caused by water from bursting or leaking pipes, waste water about the Property, or otherwise, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding of Tenant or of others entrusted to Building employees, nor for the Propertyloss of or damage to any property of Tenant by theft or otherwise except, or any other person; or however, if caused solely by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor Landlord shall be required to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesLandlord's negligence.

NON-LIABILITY OF LANDLORD. Neither Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall not be liable to Tenant for any loss, injury compensation or damage to Tenant reduction of rent by reason of inconvenience or to any other personannoyance, or to its or their property; provided, however, that if such injury, damage or for loss is caused by of business arising from the gross negligence or willful misconduct necessity of Landlord (or Successor Landlord, as its agents entering the case may be), its agents, employees or contractors, then Landlord (or Successor Landlord, as the case may be) shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee of Landlord (or any Successor Landlord) shall be liable: (a) Premises for any such damage caused by other tenants or persons in, upon or about of the Buildingpurposes authorized in this Lease, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of repairing the Premises or any equipment portion of the Building, however the necessity may occur. In case Landlord is prevented or facilities therein delayed from making any repairs, alterations or improvements, or furnishing any services, or performing any other covenant or duty to be performed on Landlord's part, pursuant to the provisions of this Lease, by reason of any cause reasonably beyond Landlord's control, including without limitation the causes set forth in Subparagraph 9(c)(ii) above, Landlord shall not be liable to Tenant therefore, nor, except as expressly otherwise provided in Paragraphs 19, 20 and 32 below, shall Tenant be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim in Tenant's favor that such failure constitutes actual or constructive, total or partial, eviction from the Premises. Tenant hereby assumes the risk and agrees that LandIord shall not be liable for injury to Tenant's business or any loss of income therefor or for damage to the goods, wares, merchandise or other property of Tenant, Tenants employees, invitees, customers, or any other person in or about the Premises, the Building or the Land, nor shall Landlord be liable for injury to the person of Tenant, Tenant's employees, agents or contractors or to anyone claiming by, through or under Tenant, unless whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the gross negligence breakage, leakage, obstruction or willful misconduct other defects of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor Landlord shall be liable for any damage to Tenant's Property or injuries caused by water from bursting or leaking pipes, waste water about the Propertysprinklers, wires, appliances, plumbing, air conditioning or otherwiselighting fixtures, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all , or whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the Property, or from other sources or places, and regardless of whether the cause of such risks hereby fully assumed by damage or injury or the means of repairing the same is inaccessible to Tenant. Neither Landlord nor any Successor Landlord shall not be required to furnish liable for any services damages, arising from any act or facilities toneglect of any other tenant of the Building, theft, fire, act of God, public enemy, injunction, riot, strike, insurrection, war, court order, requisition, or to make any repairs to order of governmental body or replacements authority, or alterations of, other matter reasonably beyond the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct control of Tenant, its agents and employeesLandlord.

NON-LIABILITY OF LANDLORD. Neither Landlord nor any ------------ ------------------------- beneficiary, partner, officer, agent, servant shall have no responsibility or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall be liable liability to the Tenant for any loss, injury or damage to the contents of the Premises for any reason whatsoever and in the event the Tenant elects to obtain insurance on the contents of the Premises said insurance is to provide for a Waiver of Subrogation as to the Landlord. Landlord shall not be liable for any damage or injury which may be sustained by the Tenant or to any other person, as a consequence of the failure, breakage, leakage or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, down-spouts or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air-conditioning or heating systems, elevators or hoisting equipment; or by reason of the elements; or resulting from the carelessness, negligence or improper conduct on the part of any other tenant, the Landlord, or the Landlord's, Tenant's or any other tenants' agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or attributable to its any interference with, interruption of or their property; providedfailure, howeverbeyond the control of the Landlord, that or any services to be furnished or supplied by the Landlord, except if such injury, damage or loss is caused solely by the gross negligence or willful misconduct of Landlord (or Successor the Landlord. Notwithstanding anything contained to the contrary in this Lease, as the case may be), its agents, employees or contractors, then Landlord (or Successor Landlord, as the case may be) shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee of Landlord (or any Successor Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in, upon or about the Building, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any person claiming through or under Tenant, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor Landlord shall be liable for any damage to Tenant's Property or injuries caused by water injury resulting from bursting or leaking pipes, waste water about the Property, or otherwise, unless caused by the gross negligence or willful misconduct intentional acts of Landlord. Tenant acknowledges that Landlord (shall have no responsibility whatsoever with respect to any responsibilities or Successor Landlordobligations of the landlord under the lease made by and between Tenant and the Medical Society of New Jersey dated as of October 1, 2000, as the case may be)amended, its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or and hereby expressly releases Landlord from any other cause; and all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor Landlord shall be required responsibility with respect to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesArticle 20 thereunder.

NON-LIABILITY OF LANDLORD. Neither A. Landlord nor any ------------ ------------------------- beneficiaryand/or its successors in interest shall have the right to transfer and assign, partnerin whole or in part, officer, agent, servant or employee all and every feature of Landlord's rights and obligations hereunder as part of a conveyance of the Building and underlying property. In the event the Landlord hereunder or any successor owner of the Building shall sell or convey the Building, nor any Superior Lessor nor any Superior Mortgageeall liabilities and obligations on the part of the original Landlord or such successor owner under this Lease accruing thereafter, shall terminate, and thereupon all such liabilities and obligations shall be binding upon the new owner. Tenant shall attorn to such new owner. B. Landlord shall not be responsible or liable to Tenant for any loss, injury loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining areas or any part of the area adjacent to or connected with the Premises or any part of the Building or for any loss or damage resulting to Tenant or to any other personhis property from theft or a failure of the security systems in the Building, or to its or their property; provided, however, that if such injury, for any damage or loss is caused by of property within the Premises from any other cause whatsoever, except for Landlord's gross negligence or willful misconduct misconduct, and no such occurrence shall be deemed to be an actual or constructive eviction from the Premises or result in an abatement of rental. C. If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord's part to be performed, and, if as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only against the right, title and interest of Landlord (in the Building and out of rents or Successor other income from the Building receivable by Landlord, as or out of the case may be), its agents, employees consideration received by Landlord from the sale or contractors, then Landlord (or Successor Landlord, as the case may be) shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee other disposition of Landlord (all or any Successor part of Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in's right, upon or about title and interest in the Building, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any person claiming through or under Tenant, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor and Landlord shall not be liable for any damage to Tenant's Property or injuries caused by water from bursting or leaking pipes, waste water about the Property, or otherwise, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor Landlord shall be required to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesdeficiency.

NON-LIABILITY OF LANDLORD. Neither 27.1 In the event Landlord nor hereunder or any ------------ ------------------------- beneficiarysuccessor owner of the Demised Premises shall sell or convey the Demised Premises, partnerall liabilities and obligations on the part of the original Landlord or such successor owner under this Lease accruing thereafter shall terminate, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, and thereupon all such liabilities and obligations shall be binding upon the new owner. Tenant shall attorn to such new owner. 27.2 Landlord shall not be responsible or liable to Tenant for any loss, injury loss or damage that may be occasioned by or through the acts or omissions of third parties or for any loss or damage resulting to Tenant or to any other personits property from theft or a failure of the security systems in the Building, or to its or their property; provided, however, that if such injury, for any damage or loss is caused of property within the Demised Premises from any cause other than solely by reason of the gross negligence or willful misconduct act of Landlord, and no such occurrence shall be deemed to be an actual or constructive eviction from the Demised Premises or result in an abatement of rental. 27.3 If Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord’s part to be performed, and, if as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only against the right, title and interest of Landlord (in the Demised Premises and out of rents or Successor other income derived from the Demised Premises and receivable by Landlord, as or out of the case may be), its agents, employees consideration received by Landlord from the sale or contractors, then Landlord (or Successor Landlord, as the case may be) shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee other disposition of Landlord (all or any Successor part of Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in’s right, upon or about title and interest in the BuildingDemised Premises, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein by Tenant or any person claiming through or under Tenant, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither and neither Landlord nor any Successor of the individual members, managers, partners, employees, agents or contractors of Landlord shall be liable for any damage to Tenant's Property or injuries caused by water from bursting or leaking pipes, waste water about the Property, or otherwise, unless caused by the gross negligence or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Property, or any other person; or by fire, hurricane or other acts of God; or by riots, criminals or vandals; or from any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor any Successor Landlord shall be required to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by the negligence or misconduct of Tenant, its agents and employeesdeficiency whatsoever.

NON-LIABILITY OF LANDLORD. Neither a. Except for willful misconduct or gross negligence of Landlord nor any ------------ ------------------------- beneficiaryor its employees or agents, partnerTenant waives all claims against Landlord and its agents and employees for injury to persons, officer, agent, servant or employee of Landlord, nor any Superior Lessor nor any Superior Mortgagee, shall be liable to Tenant for any loss, injury or damage to Tenant property or to any other person, or to its or their property; provided, however, that if such injury, damage or loss is caused by the gross negligence or willful misconduct interest of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors, then Landlord (or Successor Landlord, as the case may be) shall be liable therefor. Further, neither Landlord, any Superior Lessor or Superior Mortgagee, nor any partner, director, officer, agent, servant or employee of Landlord (or any Successor Landlord) shall be liable: (a) for any such damage caused by other tenants or persons in, upon or about the Building, or caused by operations in construction of any private, public or quasi-public work; or (b) for consequential damages arising out of any loss of use of the Premises or any equipment or facilities therein Tenant sustained by Tenant or any person claiming through Tenant resulting from any occurrence in or under Tenant, unless caused by upon the gross negligence Leased Premises or willful misconduct of Landlord (or Successor Landlord, as the case may be), its agents, employees or contractors. Neither Landlord nor any Successor Landlord shall be liable for any damage to Tenant's Property or injuries caused by water from bursting or leaking pipes, waste water about the Property, including but not limited to such claims for damages resulting from: (a) any equipment or otherwiseappurtenances becoming out of repair; (b) the Leased Premises or the Property being out of repair; (c) injury or damage done or occasioned by wind, unless caused by water, flooding, freezing, fire, explosion, earthquake, excessive heat or cold, vandalism, riot or disorder, or other casualty; (d) any defect in stairs, railings or walls; (e) broken glass; (f) water, snow or ice being upon or coming through the gross negligence or willful misconduct of Landlord (or Successor Landlordroof, as the case may be)skylight, its agentstrap door, employees or contractors; or from an intentional or negligent act of any co- tenant or occupant of the property surrounding the Propertystairs, walks or any other personplace upon or near the Leased Premises or the Property; (g) the failing of any fixture, plaster or stucco; or (h) any act, omission or condition mentioned in the Section of this Lease entitled "Responsibility for Damage". b. This Lease and the obligation of the Tenant to pay the rent hereunder and to comply with the covenants and conditions hereof, shall not be affected, curtailed, impaired or excused because of the Landlord's inability to supply any service or material called for herein, by firereason of any rule, hurricane order, regulation or preemption by any governmental entity, authority, department, agency or subdivision, or for any delay which may arise by reason of negotiations for the adjustment of any fire or other acts casualty loss, or because of God; strikes or by riotsother labor trouble, criminals or vandals; for any cause beyond the control of the Landlord, except as expressly set forth in this Lease. c. In the event that Landlord is liable to Tenant for any personal injury, property damage, or from damage to any other cause; all such risks hereby fully assumed by Tenant. Neither Landlord nor interest of Tenant pursuant to the provisions of this paragraph or to any Successor Landlord other provision of this Lease, the Landlord's total liability, over and above any insurance proceeds available from Landlord's insurance policies, shall be required limited to furnish any services or facilities to, or to make any repairs to or replacements or alterations of, the Premises where such services, facilities, repairs, replacements or alterations are necessitated by lesser of the negligence or misconduct of Tenant, its agents and employeesLandlord's equity interest in the Property.