Common use of NON-LIABILITY OF LANDLORD Clause in Contracts

NON-LIABILITY OF LANDLORD. Landlord shall not be liable for (and Tenant shall make no claim for) any property damage which may be sustained by Tenant or any other person: (i) as a consequence of the failure, breakage, leakage, inadequacy, defect or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspouts, or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning or heating systems, elevators or hoisting equipment; or (ii) by reason of the elements; or (iii) resulting from the carelessness, negligence or improper conduct on the part of any other tenant of Landlord or of the Landlord or Landlord’s or this or any other tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or (iv) attributable to any interference with, interruption of or failure, except resulting from Landlord’s negligence, of any services or utilities to be furnished or supplied by Landlord. Tenant shall give Landlord prompt written notice of the occurrence of any events set forth in this Paragraph 12. Tenant shall indemnify Landlord from any expense (including legal fees), loss, liability or damages suffered or incurred in connection with the matters referred to in this Paragraph.

NON-LIABILITY OF LANDLORD. Neither Landlord nor any of its agents, co-venturers, representatives, employees, constituent members, successors or assigns shall not be liable for (and Tenant shall make no claim for) any property damage or injury which may be sustained by Tenant or by any other person, nor shall Tenant have any right to claim an eviction or constructive eviction as a consequence of: (i) as a consequence any defect, latent or apparent in the Demised Premises; or (ii) any change of conditions in the Demised Premises; or (iii) the failure, breakage, leakageleakage or obstruction of the street or sub-surface; or (iv) the failure, inadequacybreakage, defect leakage or obstruction of the water, plumbing, steam, sewer, waste or soil pipes; or (v) the failure, breakage, leakage or obstruction of the roof, walls, drains, leaders, gutters, valleys, downspouts, downspouts or the like like; or (vi) the failure, breakage, leakage or obstruction of the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning or heating systems; or (vii) the failure, breakage, leakage or obstruction of elevators or hoisting equipment; or (iiviii) by reason of any structural failure; or (ix) the elements; or (iiix) resulting from any theft or pilferage; or (xi) any fire, explosion or other casualty; or (xii) the carelessness, negligence or improper conduct on the part of any other tenant of Landlord or of the Landlord Landlord, or Landlord’s or this or any other tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its respective agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or (ivxiii) attributable to any interference with, interruption of or failure, except resulting from beyond the control of Landlord’s negligence, of any services or utilities to be furnished or supplied by Landlord. Tenant All property kept, maintained or stored in, on or at the Demised Premises shall give Landlord prompt written notice be so kept, maintained or stored at the sole risk of the occurrence of any events set forth in this Paragraph 12. Tenant shall indemnify Landlord from any expense (including legal fees), loss, liability or damages suffered or incurred in connection with the matters referred to in this ParagraphTenant.

NON-LIABILITY OF LANDLORD. Excepting for negligence or misconduct of Landlord, its contractors, agents and employees, it is expressly understood and agreed by and between the parties that Tenant shall assume all risk of damage and casualty to its property, equipment and fixtures occurring in or about the Demised Premises, whatever the cause of such damage or casualty. It is further understood and agreed that, in any event, Landlord, in its capacity as Landlord and, if applicable, as builder or general contractor of the Demised Premises, and Landlord's agent, servants and employees shall not be liable to Tenant, Tenant's agents, employees, contractors, visitors, invitees, licensees or any other occupant of the Demised Premises for (and Tenant shall make no claim for) any damage or injury to person or property damage which may be sustained by or for any inconvenience or annoyance to Tenant or any other person: occupant of the Demised Premises or injury to or interruption of Tenant's or such other occupant's business, arising out of or attributable to (i) as a consequence the design and construction of the failureDemised Premises, breakage(ii) any maintenance, leakagerepairs, inadequacyreplacements, defect additions, alterations, substitutions and installations made to the Demised Premises, (iii) the failure of Landlord or obstruction of others to perform any such maintenance or to make any such repairs, replacements, additions, alterations, substitutions and installations to the waterDemised Premises or to provide any utilities or services, plumbing, (iv) steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspouts, or the like or of the electricalelectricity, gas, powerwater, conveyorsewerage, refrigerationrain, sprinklerice or snow, air conditioning or heating systemsany leak or flow from or into the Demised Premises, elevators or hoisting equipment; or and (iiv) by reason of the elements; or (iii) resulting from the carelessness, negligence or improper conduct on the part of any other tenant of Landlord cause or of the Landlord or Landlord’s or this or any other tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or (iv) attributable to any interference with, interruption of or failure, except resulting from Landlord’s negligence, of any services or utilities to be furnished or supplied by Landlord. Tenant shall give Landlord prompt written notice of the occurrence of any events set forth in this Paragraph 12. Tenant shall indemnify Landlord from any expense (including legal fees), loss, liability or damages suffered or incurred in connection with the matters referred to in this Paragraphhappening whatsoever.

NON-LIABILITY OF LANDLORD. 21st: The Landlord shall not be liable for (and Tenant shall make no claim for) any property damage or injury which may be sustained by the Tenant or any other person: (i) , as a consequence of the failure, breakage, leakage, inadequacy, defect leakage or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspouts, downspouts or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning airconditioning or heating systems, elevators or hoisting equipment; or (ii) by reason of the elements; or (iii) resulting from the carelessness, negligence or improper conduct on the part of any other tenant of Landlord or of the Landlord or Landlord’s Tenant or this or any other tenant’s Tenant's agents, employees, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its agents, employees, guests, licenseeslicenses, invitees, subtenants, assignees or successors; or (iv) attributable to any interference with, interruption of or failure, except resulting from Landlord’s negligencebeyond the control of the landlord, of any services or utilities to be furnished or supplied by the Landlord. Tenant shall give Landlord prompt written notice [SEE ADDENDUM A-37] NON-WAIVER BY LANDLORD 22nd: The various rights, remedies, options and elections of the occurrence Landlord, expressed herein, are cumulative, and the failure of the Landlord to enforce strict performance by the Tenant of the conditions and covenants of this lease or to exercise any election or option or to resort or have resources to any remedy herein conferred or the acceptance by the Landlord of any events set forth installment of rent after any breach by Tenant, in this Paragraph 12. Tenant any one or more instances, shall indemnify not be construed or deemed to be a waiver or a relinquishment for the future by the Landlord from of any expense (including legal fees)such conditions and covenants, lossoptions, liability elections or damages suffered or incurred remedies, but the same shall continue in connection with the matters referred to in this Paragraphfull force and effect.

NON-LIABILITY OF LANDLORD. Neither Landlord nor any of its agents, co-venturers, representatives, employees, constituent members, successors or assigns shall not be liable for (and Tenant shall make no claim for) any property damage or injury which may be sustained by Tenant or by any other person, nor shall Tenant have any right to claim an eviction or constructive eviction as a consequence of: (i) as a consequence any defect, latent or apparent in the Demised Premises; or (ii) any change of conditions in the Demised Premises; or (iii) the failure, breakage, leakageleakage or obstruction of the street or sub-surface; or (iv) the failure, inadequacybreakage, defect leakage or obstruction of the water, plumbing, steam, sewer, waste or soil pipes; or (v) the failure, breakage, leakage or obstruction of the roof, walls, drains, leaders, gutters, valleys, downspouts, downspouts or the like like; or (vi) the failure, breakage, leakage or obstruction of the of the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning or heating systems; or (vii) the failure, breakage, leakage or obstruction of elevators or hoisting equipment; or (iiviii) by reason of any structural failure; or (ix) the elements; or (iiix) resulting from any theft or pilferage; or (xi) any fire, explosion or other casualty; or (xii) the carelessness, negligence or improper conduct on the part of any other tenant of Landlord or of the Landlord Landlord, or Landlord’s or this or any other tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its respective agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or (ivxiii) attributable to any interference with, interruption of or failure, except resulting from beyond the control of Landlord’s negligence, of any services or utilities to be furnished or supplied by Landlord. Tenant All property kept, maintained or stored in, on or at the Demised Premises shall give Landlord prompt written notice be so kept maintained or stored at the sole risk of the occurrence of any events set forth in this Paragraph 12Tenant. Tenant shall indemnify Landlord from any expense (including legal fees), loss, liability or damages suffered or incurred in connection with the matters referred to in this Paragraph.’

NON-LIABILITY OF LANDLORD. Landlord (a) Except for their negligent acts or conduct, neither Landlord, Overlandlord, nor any of their agents, representatives, employees, constituent members, successors or assigns shall not be liable for (and Tenant shall make no claim for) any property damage or injury which may be sustained by Tenant or by any other person: (i) , nor shall Tenant have any right to claim an eviction or constructive eviction as a consequence of: any defect, latent or apparent; any change of conditions in the Premises; the failure, breakage, leakage, inadequacy, defect leakage or obstruction of the street or sub-surface; the water, plumbing, steam, sewer, waste or soil pipes; the roof, roofwalls, drains, leaders, gutters, valleys, downspouts, downspouts or the like or of like; the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning or heating systems, ; the elevators or hoisting equipment; or (ii) by reason of any other structural failure; the elements; any theft or (iii) resulting from pilferage; any fire, explosion or other casualty; the carelessness, negligence or improper conduct on the part of any other tenant of Landlord Tenant, or of the Landlord or Landlord’s or this or any other tenant’s agents, employeesoverlandlord, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its their agents, employees, guests, licensees, invitees, subtenants, assignees or successors; or (iv) attributable to any interference with, interruption of or failure, except resulting from beyond the control of Landlord’s negligence, of any services or utilities to be furnished or supplied by Landlord; or any other cause whatsoever. Tenant All property kept, maintained or stored in, on or at the Premises shall give Landlord prompt written notice be so kept, maintained or stored at the sole risk of the occurrence Tenant (b) Neither Landlord, Overlandlord, nor any of their agents, representatives, employees, constituent members, successors or assigns shall be liable to Tenant or to any person or entity claiming through the Tenant, nor shall Tenant be excused from the performance of any events set forth in this Paragraph 12. Tenant shall indemnify obligation hereunder, due to any breach or violation by Landlord from or by any expense (including legal fees)other person or entity of any provision, losscovenant, liability term or damages suffered condition of any other agreement affecting the Premises or incurred in connection with the matters referred to in this Paragraphany portion thereof.

NON-LIABILITY OF LANDLORD. Landlord shall not be liable to Tenant for (and Tenant shall make no claim for) any property damage which or personal injury that may be sustained by Tenant or by any other person: (i) person as a consequence of the failure, breakage, leakage, inadequacy, defect defect, or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, roof drains, leaders, gutters, valleys, downspouts, or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning conditioning, or heating systems, elevators or hoisting equipment; or (ii) by reason of the elements; or (iii) resulting from the carelessness, negligence negligence, or improper conduct on the part of any other tenant of Landlord or on the part of the Landlord or Landlord’s or this Tenant’s or any other tenant’s agents, employees, guests, licensees, invitees, subtenants, assignees or successors except for the willful misconduct or negligence of Landlord or its agentsassignees, employees, guests, licensees, invitees, subtenants, assignees or successors; or (iv) attributable to any interference with, interruption of interruption, or failure, except resulting from Landlord’s negligence, failure of any services or utilities to be furnished or supplied by Landlord. Notwithstanding the foregoing, Landlord agrees that Tenant shall not be liable for any loss or liability suffered or incurred as a result of the negligence or willful misconduct of Landlord, its agents, representatives, servants, invitees, licensees, contractors or employee. Tenant shall give Landlord prompt written notice of the occurrence of any events set forth in this Paragraph 12. Tenant shall indemnify Landlord from any expense (including legal fees), loss, liability or damages suffered or incurred in connection with the matters referred to in this Paragraph.

NON-LIABILITY OF LANDLORD. (a) Landlord shall not be liable for (and Tenant shall make no claim for) any property damage which may be sustained by Tenant or any other person: (i) , as a consequence of the failure, breakage, leakage, inadequacy, defect or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspouts, or the like or of the electrical, gas, power, conveyor, refrigeration, sprinkler, air conditioning or heating systems, elevators or hoisting equipment; or (ii) by reason of the elements; or (iii) resulting from the carelessness, negligence or improper conduct on the part of any other tenant of Landlord or of the Landlord or Landlord’s or this or any other tenant’s 's agents, employees, guests, licensees, invitees, subtenants, assignees or successors (except for the resulting from Landlord's negligence or willful misconduct or negligence of Landlord or its agents, employees, guests, licensees, invitees, subtenants, assignees or successorsmisconduct); or (iv) attributable to any interference with, interruption of or failure, except resulting from Landlord’s negligence's negligence or willful misconduct, of any services or utilities to be furnished or supplied by Landlord. Tenant shall give Landlord prompt written notice of the occurrence of any events set forth in this Paragraph 12. Tenant shall indemnify Landlord from Section 18. (b) Each party hereby releases the other party with respect to any expense claim (including legal fees), a claim for negligence) which it might otherwise have against the other party for loss, liability damage or damages suffered destruction with respect to its property occurring during the term of this Lease to the extent to which it is insured under a policy or incurred in connection with the matters referred policies carried or required to in this Paragraphbe carried by Landlord or Tenant hereunder containing an enforceable waiver of subrogation or permission to release liability.