Common use of NONLIABILITY OF LANDLORD Clause in Contracts

NONLIABILITY OF LANDLORD. Landlord shall not be liable ------------------------ for any damage either to person or property sustained by Tenant or by other persons due to the Building, or any part thereof, or any appurtenances thereof, becoming out of repair, or due to any act or neglect of any tenant or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage caused by the grossly negligent or willful actions of Landlord. If any such damage shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to the Building, or to tenants thereof, and Tenant shall thereupon reimburse Landlord for the total cost of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be at the sole risk of Tenant and that Landlord shall not be liable for any loss, injury or damage thereto or theft thereof. (8) Paragraphs 58 and 60 of Section III. of the Lease are hereby deleted in their entirety. (9) Notwithstanding the provisions of Exhibit "C" of the Lease, Tenant shall have access to the Premises on a twenty-four hour per day, seven-day per week basis. In the event of any conflict between the provisions of this paragraph (J) and any other provisions in Section I. (Specific Conditions), Section II. (Exhibits) or Section III. (General Conditions), the provisions of this paragraph (J) shall prevail.

NONLIABILITY OF LANDLORD. 27.1 Subject to Section 27.3, in the event Landlord hereunder or any successor owner of the Building shall sell or convey the Building, all 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. 27.2 Landlord shall not be responsible or liable ------------------------ to Tenant for any 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 Demised Premises or any part of the Building or for any loss or damage resulting to Tenant or his property from theft or a failure of the security systems in the Building or in the Development, or for any damage either or loss of property within the Demised Premises from any cause other than solely by reason of the gross negligence or willful act of Landlord, and no such occurrence shall be deemed to person be an actual or property sustained 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 Building and out of rents or other income from the Building receivable by Tenant Landlord, or out of the consideration received by Landlord from the sale or other persons due to disposition of all or any part of Landlord’s right, title and interest in the Building, and neither Landlord nor any of the members or partners of Landlord shall be liable for any part thereofdeficiency. 27.4 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 its agents shall be liable for any damage to such property, or any appurtenances thereof, becoming out for the loss of repair, or due damage to any act property of Tenant by theft or neglect otherwise. For the purpose of any tenant this Section 27.4, Building employees accessing the Demised Premises to perform janitorial services, maintenance or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision repairs shall not apply be considered to have been entrusted with any of Tenant’s property unless Tenant or its employees or agents specifically requests from such Building employee that they be entrusted with Tenant’s property outside of such employee’s normal scope of services. 27.5 Except as otherwise specifically set forth in this Lease, none of the Indemnitees (as hereinafter defined) shall be liable for any injury or damage to persons or property or interruption of Tenant’s business resulting from fire or other casualty, any damage caused by other tenants or persons in the grossly negligent Building or willful actions by construction of Landlord. If any such damage shall be caused by any act private, public or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to the Buildingquasi-public work, or to tenants thereof, and Tenant shall thereupon reimburse Landlord for any latent defect in the total cost of such damage both to Demised Premises or in the Building and/or to or in the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be at the sole risk of Tenant and Development (except that Landlord shall not be liable required to repair the same to the extent provided in Section 11). No penalty shall accrue for delays which may arise by reason of adjustment of fire insurance on the part of Landlord or Tenant, or for any loss, injury Unavoidable Delays arising from any repair or damage thereto or theft thereof. (8) Paragraphs 58 and 60 restoration of Section III. any portion of the Lease are hereby deleted in their entirety. (9) Notwithstanding Building or the provisions of Exhibit "C" Development, provided that Landlord shall use reasonable efforts to minimize unreasonable interference with Tenant’s use and occupancy of the Lease, Tenant shall have access to Demised Premises during the Premises on a twenty-four hour per day, seven-day per week basis. In the event performance of any conflict between the provisions of this paragraph (J) and any other provisions in Section I. (Specific Conditions), Section II. (Exhibits) such repair or Section III. (General Conditions), the provisions of this paragraph (J) shall prevailrestoration.

NONLIABILITY OF LANDLORD. 27.1 In the event the Landlord hereunder or any successor owner of the Building shall sell or convey the Building or the Development, all 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 attom to such new owner. 27.2 Landlord shall not be responsible or liable ------------------------ to Tenant for any 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 Demised Premises or Development or any part of the Building or for any loss or damage resulting to Tenant or Tenant’s property from theft or a failure of the security systems in the Building to Development; or for any damage either or loss of property within the Demised Premises from any other cause whatsoever and no such occurrence shall be deemed to person be an actual or property sustained constructive eviction from the Demised Premises or Development 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 Building and out of rents or other income from the Building receivable by Tenant Landlord, or out of the consideration received by Landlord from the sale or other persons due to disposition of all or any part of Landlord’s right, title and interest in the Building, or any part thereof, or any appurtenances thereof, becoming out of repair, or due to any act or neglect of any tenant or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage caused by the grossly negligent or willful actions of Landlord. If any such damage shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to the Building, or to tenants thereof, and Tenant shall thereupon reimburse Landlord for the total cost of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be at the sole risk of Tenant and that Landlord shall not be liable for any loss, injury or damage thereto or theft thereofdeficiency. (8) Paragraphs 58 and 60 of Section III. of the Lease are hereby deleted in their entirety. (9) Notwithstanding the provisions of Exhibit "C" of the Lease, Tenant shall have access to the Premises on a twenty-four hour per day, seven-day per week basis. In the event of any conflict between the provisions of this paragraph (J) and any other provisions in Section I. (Specific Conditions), Section II. (Exhibits) or Section III. (General Conditions), the provisions of this paragraph (J) shall prevail.

NONLIABILITY OF LANDLORD. 27.1 In the event the Landlord hereunder or any successor owner of the Building shall sell or convey the Building, all 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. 27.2 Landlord shall not be responsible or liable ------------------------ to Tenant for any loss or damage either that may be occasioned by or through the acts or omissions of persons occupying adjoining areas or any part of the area adjacent to person or property sustained by connected with the Demised Premises or any part of the Building or for any loss or damage resulting to Tenant or by other persons due to his property from theft or a failure of the security systems in the Building, or for any damage or loss of property within the Demised Premises from any cause other than solely by reason of the gross negligence or willful 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 Building and out of rents or other income from the Building receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part thereof, or any appurtenances thereof, becoming out of repair, or due to any act or neglect of any tenant or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water's right, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories title and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage caused by the grossly negligent or willful actions of Landlord. If any such damage shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to interest in the Building, or to tenants thereof, and Tenant shall thereupon reimburse neither Landlord for nor any of the total cost partners of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be at the sole risk of Tenant and that Landlord shall not be liable for any loss, injury or damage thereto or theft thereofdeficiency. (8) Paragraphs 58 and 60 of Section III. of the Lease are hereby deleted in their entirety. (9) Notwithstanding the provisions of Exhibit "C" of the Lease, Tenant shall have access to the Premises on a twenty-four hour per day, seven-day per week basis. In the event of any conflict between the provisions of this paragraph (J) and any other provisions in Section I. (Specific Conditions), Section II. (Exhibits) or Section III. (General Conditions), the provisions of this paragraph (J) shall prevail.

NONLIABILITY OF LANDLORD. 27.1 In the event the Landlord hereunder or any successor owner of the Building shall sell or convey the Building, all 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 provided such new owner assumes Landlord's obligations. Tenant shall attorn to such new owner. Landlord must notify Tenant in writing of a transfer of ownership. 27.2 Except as otherwise provided herein, Landlord shall not be responsible or liable ------------------------ to Tenant for any loss or damage either that may be occasioned by or through the acts or omissions of persons occupying adjoining areas or any part of the area adjacent to person or property sustained by connected with the Demised Premises or any part of the Building or for any loss or damage resulting to Tenant or by other persons due to his property from theft or a failure of the security systems in the Building, or for any damage or loss of property within the Demised Premises from any other cause whatsoever except the acts or omissions of Landlord, its agents, employees, contractors, or others, 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 Building and out of rents or other income from the Building receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part thereof, or any appurtenances thereof, becoming out of repair, or due to any act or neglect of any tenant or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water's right, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories title and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage caused by the grossly negligent or willful actions of Landlord. If any such damage shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to interest in the Building, or to tenants thereof, and Tenant shall thereupon reimburse Landlord for the total cost of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be at the sole risk of Tenant and that Landlord shall not be liable for any loss, injury or damage thereto or theft thereofdeficiency. (8) Paragraphs 58 and 60 of Section III. of the Lease are hereby deleted in their entirety. (9) Notwithstanding the provisions of Exhibit "C" of the Lease, Tenant shall have access to the Premises on a twenty-four hour per day, seven-day per week basis. In the event of any conflict between the provisions of this paragraph (J) and any other provisions in Section I. (Specific Conditions), Section II. (Exhibits) or Section III. (General Conditions), the provisions of this paragraph (J) shall prevail.

NONLIABILITY OF LANDLORD. 27.1 In the event the Landlord hereunder or any successor owner of the Building shall sell or convey the Building, all 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. 27.2 Landlord shall not be responsible or liable ------------------------ to Tenant for any loss or damage either that may be occasioned by or through the acts or omissions of persons occupying adjoining areas or any part of the area adjacent to person or property sustained by connected with the Demised Premises or any part of the Building or for any loss or damage resulting to Tenant or by other persons due to his property from theft or a failure of the security systems in the Building, or for any damage or loss of property within the Demised Premises from any other cause whatsoever, 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 Building and out of rents or other income from the Building receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part thereof, or any appurtenances thereof, becoming out of repair, or due to any act or neglect of any tenant or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water’s right, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories title and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage caused by the grossly negligent or willful actions of Landlord. If any such damage shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to interest in the Building, or to tenants thereof, and Tenant shall thereupon reimburse Landlord for the total cost of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be at the sole risk of Tenant and that Landlord shall not be liable for any loss, injury or damage thereto or theft thereofdeficiency. (8) Paragraphs 58 and 60 of Section III. of the Lease are hereby deleted in their entirety. (9) Notwithstanding the provisions of Exhibit "C" of the Lease, Tenant shall have access to the Premises on a twenty-four hour per day, seven-day per week basis. In the event of any conflict between the provisions of this paragraph (J) and any other provisions in Section I. (Specific Conditions), Section II. (Exhibits) or Section III. (General Conditions), the provisions of this paragraph (J) shall prevail.

NONLIABILITY OF LANDLORD. 27.1. In the event the Landlord hereunder or any successor owner of the Building shall sell or convey the Building, all 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. 27.2. Landlord shall not be responsible or liable ------------------------ to Tenant for any loss or damage either that may be occasioned by or through the acts or omissions of persons occupying adjoining areas or any part of the area adjacent to person or property sustained by connected with the Demised Premises or any part of the Building or for any loss or damage resulting to Tenant or by other persons due to its property from theft or a failure of the security systems in the Building, or for any damage or loss of property within the Demised Premises from any other cause whatsoever (except for Landlord's negligence and/or intentionally tortious actions, but only if and to the extent that any such loss or damage to Tenant or its property is not covered by Tenant's insurance and applicable insurance deductibles), 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 Development and out of rents and other income from the Development, and/or insurance proceeds (net of any portion thereof to which a mortgagee of the Development shall have a superior right), receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part thereof, or any appurtenances thereof, becoming out of repair, or due to any act or neglect of any tenant or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water's right, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or title and interest in the negligent accumulation of combustible materials, accessories and suppliesDevelopment, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage caused by the grossly negligent or willful actions of Landlord. If any such damage shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to the Building, or to tenants thereof, and Tenant shall thereupon reimburse Landlord for the total cost of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be at the sole risk of Tenant and that Landlord shall not be liable for any loss, injury or damage thereto or theft thereofdeficiency. (8) Paragraphs 58 and 60 of Section III. of the Lease are hereby deleted in their entirety. (9) Notwithstanding the provisions of Exhibit "C" of the Lease, Tenant shall have access to the Premises on a twenty-four hour per day, seven-day per week basis. In the event of any conflict between the provisions of this paragraph (J) and any other provisions in Section I. (Specific Conditions), Section II. (Exhibits) or Section III. (General Conditions), the provisions of this paragraph (J) shall prevail.

NONLIABILITY OF LANDLORD. 17.1 Landlord shall not be responsible or liable ------------------------ to Tenant for any loss or damage either to person that may be occasioned by or property sustained by Tenant through the acts or by other omissions of persons due to occupying adjoining premises or any part of the area adjacent to, or connected with, the demised premises or any part of the Building, or for any part thereof, loss or any appurtenances thereof, becoming out damage resulting to Tenant or its property from theft or a failure of repair, or due to any act or neglect of any tenant or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage caused by the grossly negligent or willful actions of Landlord. If any such damage shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to security systems in the Building, or to tenants thereoffrom burst, stopped or leaking water, gas, sewer or steam pipes, or for any damage or loss of property within the demised premises from any cause whatsoever; and Tenant shall thereupon reimburse Landlord for the total cost of no such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises occurrence shall be at deemed to be an actual or constructive eviction from the sole risk demised premises or result in an abatement of Tenant and that Landlord shall not be liable for any lossrental unless caused by the gross negligence or willful act of Landlord, injury its agents or damage thereto or theft thereofemployees. (8) Paragraphs 58 and 60 of Section III. of the Lease are hereby deleted in their entirety. (9) Notwithstanding the provisions of Exhibit "C" of the Lease, Tenant shall have access to the Premises on a twenty-four hour per day, seven-day per week basis. 17.2 In the event of any conflict between sale or transfer (including any transfer by operation of law) of the provisions 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 condition of this paragraph (J) 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 other income from the Building receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any other provisions part of Landlord's right, title and interest in Section I. (Specific Conditions)the Building, Section IIand neither Landlord nor any of the members of the entity comprising the Landlord herein or the partners thereof, nor anyone claiming by, through or under Landlord, shall be liable for any deficiency. (Exhibits) or Section III. (General Conditions)Notwithstanding anything to the contrary contained in the Lease, Tenant agrees, on its behalf and on behalf of its successors and assigns, that any liability of Landlord with respect to the provisions Lease shall never exceed the amount of this paragraph (J) $5,000,000, and Tenant shall prevailnot be entitled to any judgment in excess of such amount.

NONLIABILITY OF LANDLORD. 17.1 Landlord shall not be responsible or liable ------------------------ to Tenant for any loss or damage either to person that may be occasioned by or property sustained by Tenant through the acts or by other omissions of persons due to occupying adjoining premises or any part of the area adjacent to, or connected with, the Demised Premises or any part of the Building, or for any part thereof, loss or any appurtenances thereof, becoming out damage resulting to Tenant or its property from theft or a failure of repair, or due to any act or neglect of any tenant or occupant of said the security systems in the Building, or from burst, stopped or leaking water, gas, sewer or steam pipes, or for any damage or loss of property within the Demised Premises from any other personcause whatsoever (provided that Landlord shall be liable for any damage to property caused by the negligence or willful act of Landlord, except where its agents, contractors or employees); and no such damage occurrence shall be deemed to be an actual or constructive eviction from the Demised Premises or result in an abatement of rental unless such occurrence is caused by the grossly negligent negligence or willful actions act of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water, steamits agents, sewage, illuminating gas, sewer gas, utilities shortages contractors or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage caused by the grossly negligent or willful actions of Landlord. If any such damage shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to the Building, or to tenants thereof, and Tenant shall thereupon reimburse Landlord for the total cost of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be at the sole risk of Tenant and that Landlord shall not be liable for any loss, injury or damage thereto or theft thereofemployees. (8) Paragraphs 58 and 60 of Section III. of the Lease are hereby deleted in their entirety. (9) Notwithstanding the provisions of Exhibit "C" of the Lease, Tenant shall have access to the Premises on a twenty-four hour per day, seven-day per week basis. 17.2 In the event of any conflict between sale or transfer (including any transfer by operation of law) of the provisions 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 condition of this paragraph (J) 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 other income from the Building receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any other provisions part of Landlord's right, title and interest in Section I. (Specific Conditions)the Building, Section II. (Exhibits) and neither Landlord nor any of the members of the entity comprising the Landlord herein or Section III. (General Conditions)the members or partners thereof, the provisions of this paragraph (J) nor anyone claiming by, through or under Landlord, shall prevailbe liable for any deficiency.

NONLIABILITY OF LANDLORD. Section 22.1 In the event the Landlord hereunder or any successor in interest shall sell, assign or transfer its interest as Lessee under the Master Lease, all liabilities and obligations on the part of the original Landlord or such successor in interest under this Lease accruing thereafter shall terminate, and thereupon all such liabilities and obligations shall be binding upon the new assignee. Tenant shall attorn to such new assignee. Section 22.2 Landlord shall not be responsible or liable ------------------------ to Tenant for any loss or damages 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 Demised Premises or any part of the Building or for any loss or damage either resulting to person or property sustained by Tenant or by other persons due to its property from burst, stopped or leaking water, fire sprinkler system, gas, sewer or steam pipes, or from theft or a failure of the security systems in the Building, or for any damage or loss of property within the Demised Premises from any cause other than solely by reason of the gross negligence or willful act of Landlord, its employees, agents or contractors, 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. Section 22.3 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 Building and out of rents or other income from the Building receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part thereof, or any appurtenances thereof, becoming out of repair, or due to any act or neglect of any tenant or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water's right, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories title and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage caused by the grossly negligent or willful actions of Landlord. If any such damage shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to interest in the Building, or to tenants thereof, and Tenant shall thereupon reimburse Landlord for the total cost of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be at the sole risk of Tenant and that Landlord shall not be personally liable for any loss, injury or damage thereto or theft thereof. (8) Paragraphs 58 and 60 of Section III. of the Lease are hereby deleted in their entirety. (9) Notwithstanding the provisions of Exhibit "C" of the Lease, Tenant shall have access to the Premises on a twenty-four hour per day, seven-day per week basis. In the event deficiency out of any conflict between the provisions other assets of this paragraph (J) and any other provisions in Section I. (Specific Conditions), Section II. (Exhibits) or Section III. (General Conditions), the provisions of this paragraph (J) shall prevailLandlord.

NONLIABILITY OF LANDLORD. Except to the extent solely caused by an act of Landlord or Landlord’s agents, contractors, invitees or employees, Landlord shall not be liable ------------------------ to Tenant, and Tenant hereby waives all claims against Landlord, for any injury or damage either to any person or property sustained by Tenant in or by other persons due to about the BuildingBuilding resulting from the Building or Premises, or any part thereof, or any appurtenances thereof, 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 due to 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 any tenant other tenants or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said employees in the Building, ; or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstancecircumstance whatsoever, whether of a like nature or of a wholly different nature; provided. All property in or about the Building or in the Premises belonging to Tenant, howeverits agents, that this provision shall not apply to any damage caused by the grossly negligent employees or willful actions of Landlord. If any such damage invitees shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to the Building, or to tenants thereof, and Tenant shall thereupon reimburse Landlord for the total cost of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be there at the sole risk of Tenant or other person only and that Landlord shall not be liable for any loss, injury or damage thereto or theft theft, misappropriation or loss thereof. (8) Paragraphs 58 and 60 . If Landlord fails to perform any covenant or condition of Section III. this Lease upon Landlord’s part to be performed and, as a consequence of such default, Tenant recovers a money judgment against Landlord, such judgment shall be satisfied only out of the Lease are hereby deleted proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of Landlord in their entiretythe Building and out of rents or other income from such property receivable by Landlord and Landlord shall not be personally liable for any deficiency. (9) Notwithstanding the provisions of Exhibit "C" of the Lease, Tenant shall have access to the Premises on a twenty-four hour per day, seven-day per week basis. In the event of any conflict between the provisions of this paragraph (J) and any other provisions in Section I. (Specific Conditions), Section II. (Exhibits) or Section III. (General Conditions), the provisions of this paragraph (J) shall prevail.

NONLIABILITY OF LANDLORD. 17.1 In the event the Landlord hereunder or any successor landlord shall not assign or convey its rights under this Lease, all liabilities and obligations on the part of the original Landlord or such successor Landlord under this Lease accruing thereafter shall terminate, and thereupon all such liabilities and obligations shall be binding upon the new Landlord. Tenant shall attorn to such new Landlord. 17.2 Neither Landlord nor Landlord's partners, successors and assigns shall be responsible or liable ------------------------ to Tenant (i) for any loss or damage either that may be occasioned by or through the acts or omissions of persons occupying adjoining areas or any part of the area adjacent to person or property sustained by connected with the Leased Premises or any part of the Building, (ii) for any loss or damage resulting to Tenant or by other persons due to its property from theft or a failure of the security systems in the Building, or (iii) for any part thereof, damage or loss of property within the Leased Premises from any appurtenances thereof, becoming out of repair, or due to any act or neglect of any tenant or occupant of said Building, or of any other personcause , except where such damage is to the extent caused by reason of the grossly negligent negligence or willful actions act of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water, steamits agents, sewageemployees or licensees, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or as the negligent accumulation of combustible materials, accessories and suppliescase may be, and shall apply equally whether no such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage caused by the grossly negligent or willful actions of Landlord. If any such damage occurrence shall be caused by deemed to be an actual or constructive eviction from the Leased Premises or result in an abatement of rental. 17.3 If Landlord shall fail to perform any act covenant, term or neglect condition of Tenantthis Lease upon Landlord's part to be performed, Landlord mayand, at its optionif as a consequence of such default, repair such damage, whether caused to the Building, or to tenants thereof, and Tenant shall thereupon reimburse Landlord for the total cost of recover a money judgment against Landlord, such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises judgment shall be at satisfied only against rents or other income from the sole risk of Tenant building receivable by Landlord and that Landlord shall not be liable for any loss, injury or damage thereto or theft thereof. (8) Paragraphs 58 and 60 of Section IIIdeficiency. of the Lease are hereby deleted in their entirety. (9) Notwithstanding the provisions of Exhibit "C" of the LeaseIn such event, Tenant shall have access to may offset any amounts so awarded against the Premises on a twenty-four hour per dayrent and other charges due hereunder, seven-day per week basis. In with interest thereon at the event of any conflict between the provisions of this paragraph (J) and any other provisions rate set forth in Section I. (Specific Conditions), Section II. (Exhibits) or Section III. (General Conditions), the provisions of this paragraph (J) shall prevail4.2 hereof.

NONLIABILITY OF LANDLORD. Landlord shall not be liable ------------------------ to Tenant or to Tenant’s employees, agents, sublessees, licensees, guests or invitees, or to any other person whomsoever, for any injury to persons or damage either to person property on or property sustained by Tenant or by other persons due to about the Building, or any part thereof, or any appurtenances thereof, becoming out of repair, or due to any act or neglect of any tenant or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites Demised Premises or the negligent accumulation of combustible materials, accessories and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage caused by the grossly negligent or willful actions of Landlord. If any such damage shall be common facilities caused by any act or neglect omission of Tenant, Landlord mayits employees, at subtenants, licensees and concessionaires or of any other person entering the Entire Premises under express or implied invitation of Tenant or arising out of the use of the Demised Premises by Tenant and the conduct of its option, repair such damage, whether caused to business therein or arising out of any breach or default by Tenant in the Building, or to tenants thereofperformance of its obligations hereunder, and Tenant shall thereupon reimburse hereby agrees to protect, defend and indemnify Landlord for the total cost and hold Landlord harmless from any loss, expense or claims arising out of such damage both or injury, and in this connection, Landlord shall have the right to approve Tenant’s counsel in advance. Tenant specifically agrees to be responsible for and indemnify, defend, protect and hold Landlord harmless from any damages or expenses, structural or nonstructural, arising out of or caused by a burglary, theft, vandalism, malicious mischief or other illegal acts performed in, at or from the Demised Premises. Notwithstanding anything to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be at the sole risk of Tenant and that contrary contained in this Lease, Landlord shall not be liable indemnified for any lossand shall indemnify, injury defend, protect and hold Tenant, its agents, employees, contractors, invitees, successors and assigns harmless from all losses damages, liabilities, judgments, actions, claims, attorney’s fees, costs and expenses arising from the negligence or damage thereto or theft thereof. (8) Paragraphs 58 and 60 willful misconduct of Section III. of the Lease are hereby deleted in their entirety. (9) Notwithstanding the provisions of Exhibit "C" of the Lease, Tenant shall have access to the Premises on a twenty-four hour per day, seven-day per week basis. In the event Landlord for Landlords knowing violation of any conflict between the provisions law, order, regulation or a willful breach of Landlords obligations under this paragraph (J) and any other provisions in Section I. (Specific Conditions), Section II. (Exhibits) or Section III. (General Conditions), the provisions of this paragraph (J) shall prevailLease .

NONLIABILITY OF LANDLORD. 24.1 In the event the Landlord hereunder or any successor owner of the Building shall sell or convey the Building, all 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. 24.2 Landlord shall not be responsible or liable ------------------------ to Tenant for any loss or damage either that may be occasioned by or through the acts or omissions of persons occupying adjoining areas or any part of the area adjacent to person or property sustained by connected with the Demised Premises or any part of the Building or for any loss or damage resulting to Tenant or by other persons due to his property from theft or a failure of the security systems in the Building, or for any damage or loss of property within the Demised Premises from any cause other than solely by reason of the gross negligence or willful 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. 24.3 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 building and out of rents or other income from the building receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part thereof, or any appurtenances thereof, becoming out of repair, or due to any act or neglect of any tenant or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water's right, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories title and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstance, whether of a like or of a wholly different nature; provided, however, that this provision shall not apply to any damage caused by the grossly negligent or willful actions of Landlord. If any such damage shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to interest in the Building, or to tenants thereof, and Tenant shall thereupon reimburse neither Landlord for nor any of the total cost partners of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be at the sole risk of Tenant and that Landlord shall not be liable for any loss, injury or damage thereto or theft thereofdeficiency. (8) Paragraphs 58 and 60 of Section III. of the Lease are hereby deleted in their entirety. (9) Notwithstanding the provisions of Exhibit "C" of the Lease, Tenant shall have access to the Premises on a twenty-four hour per day, seven-day per week basis. In the event of any conflict between the provisions of this paragraph (J) and any other provisions in Section I. (Specific Conditions), Section II. (Exhibits) or Section III. (General Conditions), the provisions of this paragraph (J) shall prevail.

NONLIABILITY OF LANDLORD. Landlord shall not be liable ------------------------ to Tenant, and Tenant hereby waives all claims against Landlord, for any injury or damage either to any person or property sustained by Tenant in or by other persons due to about the BuildingPremises resulting from the Premises, or any part thereof, or any appurtenances thereof, 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 due to 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 any tenant other tenants or occupant of said Building, or of any other person, except where such damage is caused by the grossly negligent or willful actions of Landlord. This provision shall apply especially (but not exclusively) to damage caused by water, steam, sewage, illuminating gas, sewer gas, utilities shortages or stoppages, odors or termites or the negligent accumulation of combustible materials, accessories and supplies, and shall apply equally whether such damage is caused by the act or neglect of other tenants, occupants or janitors of said Building, employees in the Premises; or of any other persons, and whether such damage is caused or occasioned by anything or circumstances above-mentioned or referred to, or by any other thing or circumstancecircumstance whatsoever, whether of a like nature or of a wholly different nature; provided. All property in or about the Premises or in the Premises belonging to Tenant, howeverits agents, that this provision shall not apply to any damage caused by the grossly negligent employees or willful actions of Landlord. If any such damage invitees shall be caused by any act or neglect of Tenant, Landlord may, at its option, repair such damage, whether caused to the Building, or to tenants thereof, and Tenant shall thereupon reimburse Landlord for the total cost of such damage both to the Building and/or to the tenants thereof. Tenant further agrees that all personal property upon the Premises shall be there at the sole risk of Tenant or other person only and that Landlord shall not be liable for any loss, injury or damage thereto or theft thereof. (8) Paragraphs 58 and 60 theft, misappropriation or loss thereof except as provided above. If Landlord fails to perform any covenant or condition of Section III. this Lease upon Landlord’s part to be performed and, as a consequence of such default, Tenant recovers a money judgment against Landlord, such judgment shall be satisfied only out of the Lease are hereby deleted proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of Landlord in their entirety. (9) Notwithstanding the provisions of Exhibit "C" of the Lease, Tenant shall have access to the Premises on a twenty-four hour per day, seven-day per week basis. In the event and out of rents or other income from such property receivable by Landlord and Landlord shall not be personally liable for any conflict between the provisions of this paragraph (J) and any other provisions in Section I. (Specific Conditions), Section II. (Exhibits) or Section III. (General Conditions), the provisions of this paragraph (J) shall prevaildeficiency.