Common use of NONLIABILITY AND INDEMNIFICATION OF LANDLORD; INSURANCE Clause in Contracts

NONLIABILITY AND INDEMNIFICATION OF LANDLORD; INSURANCE. (a)Landlord shall not be liable to Tenant, and Tenant hereby waives all claims against Landlord, its partners, officers, trustees, affiliates, directors, employees, contractors, agents and representatives (collectively, "Affiliates") for any injury or damage to any person or property occurring or incurred in connection with or in any way relating to the Premises, the Building or the Project from any cause, including, without limitation, by reason of the active or passive negligence of Landlord or its Affiliates. Without limiting the foregoing, neither Landlord nor any of its Affiliates shall be liable for and there shall be no abatement of Rent for (i) any damage to Tenant's property stored or entrusted to Affiliates of Landlord, (ii) loss of or damage to any property by theft or any other wrongful or illegal act, or (iii) any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or the Project or from the pipes, appliances, appurtenances or plumbing works therein or from the roof, street or sub-surface or from any other place or resulting from dampness or any other cause whatsoever or from the acts or omissions of other tenants, occupants or other visitors to the Building or the Project, or from any other cause whatsoever, (iv) any diminution or shutting off of light, air or view by any structure which may be erected on lands adjacent to the Building, whether within or outside of the Project, or (v) any latent or other defect in the Premises, the Building or the Project. In addition and without limitation to the other provisions of Subparagraphs (a) and (b) of this Paragraph 8, Tenant agrees that in no case shall Landlord ever be responsible or liable on any theory for any injury to Tenant's business, loss of profits, loss of income or any other form of consequential damage. Tenant shall give prompt notice to Landlord in the event of (A) the occurrence of a fire or accident in the Premises or in the Building, or (B) the discovery of any defect therein or in the fixtures or equipment thereof.

NONLIABILITY AND INDEMNIFICATION OF LANDLORD; INSURANCE. (a)Landlord a) Landlord's Nonliability. Subject to Paragraphs 20(j) and 21 below, Landlord and its partners, and their respective partners, officers, agents and employees shall not be liable for Tenant's loss of income or extra expense or for any damage to Tenant's property, and Tenant hereby waives all claims against Landlordnor for loss of damage to property by theft or otherwise, its partners, officers, trustees, affiliates, directors, employees, contractors, agents and representatives (collectively, "Affiliates") nor for any injury or damage to any person which may be sustained by the person, goods, wares, merchandise or property occurring of Tenant, its employees, invitees or incurred customers or any other person in connection with or in about the Premises caused by or resulting from any way relating to peril which may affect the Premises, the Building or the Project from any cause, including, including without limitation, by reason of the active or passive negligence of Landlord or its Affiliates. Without limiting the foregoing, neither Landlord nor any of its Affiliates shall be liable for and there shall be no abatement of Rent for (i) any damage to Tenant's property stored or entrusted to Affiliates of Landlord, (ii) loss of or damage to any property by theft or any other wrongful or illegal act, or (iii) any injury or damage to persons or property resulting from limitation fire, explosion, falling plaster, steam, electricity, gas, electricity, water or rain rain, which may leak or flow from or into any part of the Building or the Project Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, appurtenances plumbing, air conditioning or plumbing works therein lighting fixtures of the same, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Building, or from the roof, street or sub-surface or other sources. Landlord shall not be liable for any damages arising from any other place act or resulting from dampness or neglect of any other cause whatsoever tenant or from the acts or omissions occupant of other tenants, occupants or other visitors to the Building or the Projectany of their officers, or from employees, agents, representatives, customers and invitees and Tenant hereby waives any other cause whatsoever, (iv) any diminution or shutting off of light, air or view by any structure which such right it may be erected on lands adjacent to the Building, whether within or outside of the Project, or (v) any latent or other defect in the Premises, the Building or the Project. In addition and without limitation to the other provisions of Subparagraphs (a) and (b) of this Paragraph 8, Tenant agrees that in no case shall Landlord ever be responsible or liable on any theory for any injury to Tenant's business, loss of profits, loss of income or any other form of consequential damagehave against Landlord. Tenant shall give prompt notice to Landlord in the event case of (A) the occurrence of a fire or accident accidents in the Premises or in the Building, or (B) the discovery of any defect defects therein or in the fixtures or equipment thereofequipment. Any claim, defense, or other right of Tenant arising in connection with this Lease or with negotiations before this Lease was signed shall be barred unless Tenant files an action or interposes a defense based thereon within one hundred eighty (180) days after the date of the alleged event on which Tenant is basing its claim, defense or right.

NONLIABILITY AND INDEMNIFICATION OF LANDLORD; INSURANCE. (a)Landlord a) Landlord shall not be liable to Tenant, Tenant and Tenant hereby waives all claims against Landlord, its partners, officers, trustees, affiliates, directors, employees, contractors, agents and representatives (collectively, "Affiliates") for any injury or damage to any person or property occurring or incurred in connection with or in any way relating to the Premises, the Building or the Project from any cause, including, without limitation, by reason of the active or passive negligence of Landlord or its Affiliates, but subject to Paragraph 20(i) below. Without limiting the foregoing, neither Landlord nor any of its Affiliates shall be liable for and there shall be no abatement of Rent for (i) any damage to Tenant's property stored with or entrusted to Affiliates of Landlord, (ii) loss of or damage to any property by theft or any other wrongful or illegal act, or (iii) any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or the Project or from the pipes, appliances, appurtenances or plumbing works therein or from the roof, root street or sub-surface or from any other place or resulting from dampness or any other cause whatsoever or from the acts or omissions of other tenants, occupants or other visitors to the Building or the Project, or from any other cause whatsoever, (iv) any diminution or shutting off of light, air or view by any structure which may be erected on lands adjacent to the Building, whether within or outside of the Project, or (v) any latent or other defect in the Premises, the Building or the Project. In addition and without limitation to the other provisions of Subparagraphs (a) and (b) of this Paragraph 8, Tenant agrees that in no case shall Landlord ever be responsible or liable on any theory for any injury to Tenant's business, loss of profits, loss of income or any other form of consequential damage. Tenant shall give prompt notice to Landlord in the event of (A) the occurrence of a fire or accident in the Premises or in the Building, or (B) the discovery of any defect therein or in the fixtures or equipment thereof. The foregoing limitation on liability shall not apply to any third party claim for personal injury or damage to property made against the Tenant, which arises from the sole negligent acts or omissions of Landlord or its Affiliates accruing prior to the Commencement Date.

NONLIABILITY AND INDEMNIFICATION OF LANDLORD; INSURANCE. (a)Landlord a) Landlord shall not be liable to Tenant, Tenant and Tenant hereby waives all claims against Landlord, its partners, shareholders, officers, trustees, affiliates, directors, employees, contractors, agents and representatives (collectively, "AffiliatesAFFILIATES") for any injury or damage to any person or property occurring or incurred in connection with or in any way relating to the Premises, the Building or the Project from any cause, including, without limitation, except damage to persons or personal property in the Common Areas caused by reason of the active or passive gross negligence of Landlord or its Affiliatesagents, employees or contractors in the Common Areas unless such damage is covered (or would be covered if Tenant obtained 100% casualty insurance coverage) by insurance Tenant is required to have under this Lease or otherwise has obtained. Without limiting the foregoing, except as provided in subparagraph 7(f) above, neither Landlord nor any of its Affiliates shall be liable for and there shall be no abatement of Rent for (i) any damage to Tenant's property stored with or entrusted to Affiliates of Landlord, (ii) loss of or damage to any property by theft or any other wrongful or illegal act, or (iii) any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or the Project or from the pipes, appliances, appurtenances or plumbing works therein or from the roof, street or sub-surface or from any other place or resulting from dampness or any other cause whatsoever or from the acts or omissions of other tenants, occupants or other visitors to the Building or the Project, Project or from any other cause whatsoever, (iv) any diminution or shutting off of light, air or view by any structure which may be erected on lands adjacent to the Building, whether within or outside of the Project, or (v) any latent or other defect in the Premises, the Building or the Project. In addition and without limitation to the other provisions of Subparagraphs subparagraphs (a) and (b) of this Paragraph 8, Tenant agrees that in no case shall Landlord ever be responsible or liable on any theory for any injury to Tenant's business, loss of profits, loss of income or any other form of consequential damage. Tenant shall give prompt notice to Landlord in the event of (A) the occurrence of a fire or accident in the Premises or in the Building, or (B) the discovery of any defect therein or in the fixtures or equipment thereof.