Common use of PROPERTY LOSS, DAMAGE Clause in Contracts

PROPERTY LOSS, DAMAGE. REIMBURSEMENT ------------------------------------------------ 7.01 Landlord or its agents shall not be liable for any injury or damage to persons or property resulting from 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 work or from the roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence of Landlord, its agents, servants or employees. COMMERCIAL USE ONLY - NO LIVING ALLOWED --------------------------------------- 7.02 Tenant shall reimburse Landlord for all expenses, damages or fines incurred or suffered by Landlord, and for which Landlord has not been or will not be reimbursed by insurance, by, reason of any breach, violations or non-performance by Tenant, or its agents, servants or employees, of any covenant or provision of this Lease. 7.03 Tenant shall give Landlord notice in case of fire or accidents in the Demised Premises promptly after Tenant is aware of such event. (a) Landlord covenants that throughout the term of this Lease it shall keep the Building and the fixtures, appurtenances and equipment therein (except Tenant's property as specified in Section 3.06) insured in the name and for the benefit of Landlord and the mortgagee or mortgagees of the fee simple, if any, as their interest shall appear, against all risks normally insured against in the usual fire and extended coverage policies written in New Jersey. Landlord also agrees that, if obtainable, it will include in its fire insurance policies appropriate clauses pursuant to which the insurance companies (1) waive all right of subrogation against Tenant with respect to losses payable under such policies, and/or (2) agree that such policies shall not be invalidated should the insured waive in writing prior to a loss any or all rights of recovery against any party for losses covered by such policies. If Landlord at any time is unable to obtain in said policies either of the clauses described in the preceding sentence, Landlord shall if possible, have Tenant named in such policies as one of the assureds, but should any additional premiums be exacted for such clause or clauses or naming, Landlord shall be released from the obligation hereby imposed unless Tenant shall agree to pay such additional premium. If Tenant shall be named as one of the assureds in accordance with the foregoing, Tenant agrees to endorse promptly to the order of Landlord, without recourse, any check, draft or order for the payment of money representing the proceeds of any such policy or representing any other payment growing out of or connected with said policies, and Tenant does hereby irrevocably waive any and all rights in and to such proceeds and payments. Tenant shall not have the right to participate in the settlement of any claims for losses under any policies in which Tenant is named as an assured, pursuant to the foregoing provisions. (b) Tenant agrees to include, if obtainable, in its fire insurance policy or policies on its furniture, furnishing, fixtures and other property removable by Tenant under the provisions of its lease of space in the Building, appropriate clauses pursuant to which the insurance company or companies (i) waive the right of subrogation against Landlord and/or any tenant of space in the Building with respect to losses payable under such policy or policies and/or (ii) agree that such policy or policies shall not be invalidated should the insured waive in writing prior to a loss any or all right of recovery against any party for losses covered by such policy or policies. If Tenant is unable to obtain in such policy or policies either of the clauses described in the preceding sentence, Tenant shall if possible have Landlord named in such policy or policies as one of the assureds, but should any additional premium be exacted for any such clause or clauses or naming, Tenant shall be released from the obligation hereby imposed unless Landlord or the other tenants shall agree to pay such additional premium. If Landlord shall be named as one of the assureds in accordance with the foregoing, Landlord agrees to endorse promptly to the order of Tenant, without recourse, any check, draft, or order for the payment of money representing the proceeds of any such policy or representing any other payment growing out of or connected with said policies, and Landlord does hereby irrevocably waive any and all rights in and to such proceeds and payments. Landlord or the other tenants shall not have the right to participate in the settlement of any claims for losses under any policies in which Landlord is named as an assured, pursuant to the foregoing provisions. Landlord agrees to use its best efforts to include the provisions of this Section 7.04 (b) in every lease made for space in the Building. (c) Provided that Landlord's right of full recovery under its policy or policies aforesaid is not adversely affected or prejudiced thereby, Landlord hereby waives any and all right of recovery which it might otherwise have against Tenant, its servants, agents and employees, for loss or damage occurring to the Building and the fixtures, appurtenances and equipment therein, to the extent the same is covered by Landlord's insurance notwithstanding that such loss or damage may result from the negligence or fault of Tenant, its servants, agents or employees. Provided that Tenant's right of full recovery under its aforesaid policy or policies is not adversely affected or prejudiced thereby, Tenant hereby waives any and all rights of recovery which it might otherwise have against Landlord, its servants, and employees, and against every other tenant in the Building who shall have executed a similar waiver as set forth in this COMMERCIAL USE ONLY - NO LIVING ALLOWED ---------------------------------------

PROPERTY LOSS, DAMAGE. REIMBURSEMENT ------------------------------------------------ 7.01 Landlord Owner or its agents shall not be liable for any damage to property of Tenant or of others entrusted to employees of the building, nor for loss of or damage to any property of Tenant by theft or otherwise, nor for any injury or damage to persons or property resulting from 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 work or from the roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence (10) of LandlordOwner, its agents, servants or employees. COMMERCIAL USE ONLY - NO LIVING ALLOWED --------------------------------------- 7.02 Owner or its agents will not be liable for any such damage caused by other tenants or persons in, upon or about said building or caused by operations in construction of any private, public or quasi public work. If at any time any windows of the demised premises are temporarily closed, darkened or bricked up (or permanently closed, darkened or bricked up, if required by law) for any reason whatsoever including, but not limited to Owner's own acts, Owner shall not be liable for any damage Tenant may sustain thereby and Tenant shall reimburse Landlord for not be entitled to any compensation therefor nor abatement or diminution of rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction. Tenant shall indemnify and save harmless Owner against and from all expensesliabilities, damages or fines incurred or suffered by Landlordobligations, damages, penalties, claims, costs and expenses for which Landlord has not been or will Owner shall not be reimbursed by insurance, byincluding reasonable attorneys fees, reason paid, suffered or incurred as a result of any breach, violations or non-performance breach by Tenant, or its Tenant's agents, servants contractors, employees, invitees, or employeeslicensees, of any covenant or provision condition of this Lease. 7.03 Tenant shall give Landlord notice in case lease or the carelessness, negligence or improper conduct of fire or accidents in the Demised Premises promptly after Tenant is aware of such event. (a) Landlord covenants that throughout the term of this Lease it shall keep the Building and the fixturesTenant, appurtenances and equipment therein (except Tenant's property as specified in Section 3.06) insured in the name and for the benefit of Landlord and the mortgagee agents, contractors, employees, invitees or mortgagees of the fee simple, if any, as their interest shall appear, against all risks normally insured against in the usual fire and extended coverage policies written in New Jerseylicensees. Landlord also agrees that, if obtainable, it will include in its fire insurance policies appropriate clauses pursuant to which the insurance companies (1) waive all right of subrogation against Tenant with respect to losses payable Tenant's liability under such policies, and/or (2) agree that such policies shall not be invalidated should the insured waive in writing prior to a loss any or all rights of recovery against any party for losses covered by such policies. If Landlord at any time is unable to obtain in said policies either of the clauses described in the preceding sentence, Landlord shall if possible, have Tenant named in such policies as one of the assureds, but should any additional premiums be exacted for such clause or clauses or naming, Landlord shall be released from the obligation hereby imposed unless Tenant shall agree to pay such additional premium. If Tenant shall be named as one of the assureds in accordance with the foregoing, Tenant agrees to endorse promptly this lease extends to the order acts and omissions of Landlordany sub-tenant, without recourseand any agent, contractor, employee, invitee or licensee of any check, draft sub-tenant. In case any action or order for the payment of money representing the proceeds proceeding is brought against Owner by reason of any such policy or representing any other payment growing out of or connected with said policiesclaim, and Tenant does hereby irrevocably waive any and all rights in and to such proceeds and payments. Tenant shall not have the right to participate in the settlement of any claims for losses under any policies in which Tenant is named as an assured, pursuant to the foregoing provisions. (b) Tenant agrees to include, if obtainable, in its fire insurance policy or policies on its furniture, furnishing, fixtures and other property removable by Tenant under the provisions of its lease of space in the Building, appropriate clauses pursuant to which the insurance company or companies (i) waive the right of subrogation against Landlord and/or any tenant of space in the Building with respect to losses payable under such policy or policies and/or (ii) agree that such policy or policies shall not be invalidated should the insured waive in writing prior to a loss any or all right of recovery against any party for losses covered by such policy or policies. If Tenant is unable to obtain in such policy or policies either of the clauses described in the preceding sentence, Tenant shall if possible have Landlord named in such policy or policies as one of the assureds, but should any additional premium be exacted for any such clause or clauses or naming, Tenant shall be released from the obligation hereby imposed unless Landlord or the other tenants shall agree to pay such additional premium. If Landlord shall be named as one of the assureds in accordance with the foregoing, Landlord agrees to endorse promptly to the order of Tenant, without recourseupon written notice from Owner, any checkwill, draft, or order for the payment of money representing the proceeds of any such policy or representing any other payment growing out of or connected with said policies, and Landlord does hereby irrevocably waive any and all rights in and to such proceeds and payments. Landlord or the other tenants shall not have the right to participate in the settlement of any claims for losses under any policies in which Landlord is named as an assured, pursuant to the foregoing provisions. Landlord agrees to use its best efforts to include the provisions of this Section 7.04 (b) in every lease made for space in the Building. (c) Provided that Landlord's right of full recovery under its policy or policies aforesaid is not adversely affected or prejudiced thereby, Landlord hereby waives any and all right of recovery which it might otherwise have against Tenant, its servants, agents and employees, for loss or damage occurring to the Building and the fixtures, appurtenances and equipment therein, to the extent the same is covered by Landlord's insurance notwithstanding that such loss or damage may result from the negligence or fault of Tenant, its servants, agents or employees. Provided that at Tenant's right of full recovery under its aforesaid policy expense, resist or policies is defend such action or proceeding by counsel approved by Owner in writing, such approval not adversely affected or prejudiced thereby, Tenant hereby waives any and all rights of recovery which it might otherwise have against Landlord, its servants, and employees, and against every other tenant in the Building who shall have executed a similar waiver as set forth in this COMMERCIAL USE ONLY - NO LIVING ALLOWED ---------------------------------------to be unreasonably withheld.

PROPERTY LOSS, DAMAGE. REIMBURSEMENT ------------------------------------------------ 7.01 Landlord or Lessor its agents and employees shall not be liable to Lessee for (i) any damage or loss of property of Lessee placed in the custody of persons employed to provide services for or stored in or about the Premises, unless such damage or loss is the result of the negligence of Lessor, (ii) any injury or damage to persons persons, property or property the business of Lessee resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain a latent defect in or snow or leaks from any part material change in the condition of the BuildingPremises, and (iii) interference with the light, air, or from other incorporeal hereditaments of the pipes, appliances or plumbing work or from the roof, street or subsurface or from any other place or by dampness or by any other cause Premises. In case of whatsoever nature, unless caused by or due partial damage to the negligence of LandlordPremises by fire or other casualty insured against by Lessor, its agents, servants or employees. COMMERCIAL USE ONLY - NO LIVING ALLOWED --------------------------------------- 7.02 Tenant shall reimburse Landlord for all expenses, damages or fines incurred or suffered by Landlord, and for which Landlord has not been or will not be reimbursed by insurance, by, reason of any breach, violations or non-performance by Tenant, or its agents, servants or employees, of any covenant or provision of this Lease. 7.03 Tenant Lessee shall give Landlord immediate notice in case thereof to Lessor, who shall thereupon cause damage to all property owned by Lessor to be repaired within reasonable time at the expense of fire or accidents in the Demised Premises promptly after Tenant is aware of such event. (a) Landlord covenants that throughout the term of this Lease it shall keep the Building and the fixtures, appurtenances and equipment therein (except Tenant's property as specified in Section 3.06) insured in the name and for the benefit of Landlord and the mortgagee or mortgagees of the fee simple, if any, as their interest shall appear, against all risks normally insured against in the usual fire and extended coverage policies written in New Jersey. Landlord also agrees that, if obtainable, it will include in its fire insurance policies appropriate clauses pursuant to which the insurance companies (1) waive all right of subrogation against Tenant with respect to losses payable under such policies, and/or (2) agree that such policies shall not be invalidated should the insured waive in writing prior to a loss any or all rights of recovery against any party for losses covered by such policies. If Landlord at any time is unable to obtain in said policies either of the clauses described in the preceding sentence, Landlord shall if possible, have Tenant named in such policies as one of the assureds, but should any additional premiums be exacted for such clause or clauses or naming, Landlord shall be released from the obligation hereby imposed unless Tenant shall agree to pay such additional premium. If Tenant shall be named as one of the assureds in accordance with the foregoing, Tenant agrees to endorse promptly to the order of Landlord, without recourse, any check, draft or order for the payment of money representing the proceeds of any such policy or representing any other payment growing out of or connected with said policies, and Tenant does hereby irrevocably waive any and all rights in and to such proceeds and payments. Tenant shall not have the right to participate in the settlement of any claims for losses under any policies in which Tenant is named as an assured, pursuant to the foregoing provisions. (b) Tenant agrees to include, if obtainable, in its fire insurance policy or policies on its furniture, furnishing, fixtures and other property removable by Tenant under the provisions of its lease of space in the Building, appropriate clauses pursuant to which the insurance company or companies (i) waive the right of subrogation against Landlord and/or any tenant of space in the Building with respect to losses payable under such policy or policies and/or (ii) agree that such policy or policies shall not be invalidated should the insured waive in writing prior to a loss any or all right of recovery against any party for losses covered by such policy or policies. If Tenant is unable to obtain in such policy or policies either of the clauses described in the preceding sentence, Tenant shall if possible have Landlord named in such policy or policies as one of the assureds, but should any additional premium be exacted for any such clause or clauses or naming, Tenant shall be released from the obligation hereby imposed unless Landlord or the other tenants shall agree to pay such additional premium. If Landlord shall be named as one of the assureds in accordance with the foregoing, Landlord agrees to endorse promptly to the order of Tenant, without recourse, any check, draft, or order for the payment of money representing the proceeds of any such policy or representing any other payment growing out of or connected with said policies, and Landlord does hereby irrevocably waive any and all rights in and to such proceeds and payments. Landlord or the other tenants shall not have the right to participate in the settlement of any claims for losses under any policies in which Landlord is named as an assured, pursuant to the foregoing provisions. Landlord agrees to use its best efforts to include the provisions of this Section 7.04 (b) in every lease made for space in the Building. (c) Provided that Landlord's right of full recovery under its policy or policies aforesaid is not adversely affected or prejudiced thereby, Landlord hereby waives any and all right of recovery which it might otherwise have against Tenant, its servants, agents and employees, for loss or damage occurring to the Building and the fixtures, appurtenances and equipment therein, Lessor to the extent the same loss is sufficiently covered by Landlord's applicable insurance, due allowance being made for reasonable delay which may arise by reason of adjustment of loss under insurance notwithstanding policies on the part of Lessor and/or Lessee, and for reasonable delay on account of “labor troubles” or any other cause beyond Lessor’s control, and to the extent that such loss or damage may result the Premises is rendered untenantable the rent shall proportionately xxxxx from the negligence date of such casualty, provided the damage above mentioned occurred without the fault or fault neglect of TenantLessee, its Lessee’s servants, agents employees, licensees, invitees, agents, or employeesvisitors. Provided that Tenant's right If such partial damage is due to the fault or neglect of full recovery under its aforesaid policy Lessee, or policies is not adversely affected or prejudiced thereby, Tenant hereby waives any and all rights of recovery which it might otherwise have against Landlord, its Lessee’s servants, and employees, licensees, agents, invitees, or visitors, the damage shall be repaired by Lessor only to the extent of Lessor’s insurance coverage, but there shall be no reduction, apportionment, or abatement of rent. In the event the damage shall be so extensive to the whole of the improvements on the Premises as to render it uneconomical, in Lessor’s sole discretion, to restore for its present uses and against every other tenant Lessor shall decide not to repair or rebuild the improvements on the Premises, this Lease, at the option of Lessor, shall be terminated upon written notice to Lessee and the rent shall, in such event, be paid to or adjusted as of the Building who date of such damage, and the terms of this Lease shall have executed a similar waiver as set forth in this COMMERCIAL USE ONLY - NO LIVING ALLOWED ---------------------------------------expire by lapse of time and conditional limitation upon the third day after such notice is mailed, and Lessee shall thereupon vacate the Premises and surrender the same to Lessor, but no such termination shall release Lessee from any liability to Lessor arising from such damage or from any breach of the obligations imposed on Lessee hereunder, or from any obligations accrued hereunder prior to such termination.

PROPERTY LOSS, DAMAGE. REIMBURSEMENT ------------------------------------------------ 7.01 Landlord or its agents shall not be liable for any injury or damage to persons property placed in the custody of its employees, nor for the loss of any property by theft or otherwise. Landlord shall not be liable for damage or injury to person or property resulting from fireunless notice in writing of any defect (which Landlord has under the terms of this Lease the duty to correct) alleged to have caused such damage or injury shall have been given a sufficient time before the occurrence of such damage or injury reasonably to have enabled Landlord to correct such defect, explosionand even then only if such damage or injury is due to Landlord’s negligence; nor shall Landlord or its agent be liable for interference with the light, falling plaster, steam, gas, electricity, water, rain or snow or leaks from any part of the Buildingair, or from other incorporeal hereditaments, nor shall Landlord be liable for any latent defect in the pipes, appliances Building or plumbing work or from the roof, street or subsurface or from any other place or by dampness or by any other cause of whatsoever nature, unless caused by or due to the negligence of Landlord, its agents, servants or employeesequipment. COMMERCIAL USE ONLY - NO LIVING ALLOWED --------------------------------------- 7.02 Tenant shall reimburse Landlord as additional rent for all expenses, damages or fines incurred or suffered by Landlord, and for which Landlord has not been or will not be reimbursed by insurance, by, reason of any breach, violations violation or non-performance nonperformance by Tenant, or its agentsTenant’s employees, servants agents or employeesvisitors, of any covenant or provision of this Lease. 7.03 , or by reason of damage or injury to persons or property caused by moving property of or for Tenant in and/or out of the Building, or by the installation or removal of furniture or other property of or for Tenant, or by reason of or arising out of the occupancy or use by Tenant of the Leased Premises or of the Real Property, or any part of either thereof, or from any other cause due to the carelessness, negligence or improper conduct of Tenant or Tenant’s contractors, servants, employees, agents or invitees. Tenant shall give Landlord notice in case not move any safe, heavy machines, heavy equipment, freight, bulky matter or fixtures into or out of fire or accidents in the Demised Premises promptly after Tenant is aware of such event. (a) Landlord covenants that throughout the term of this Lease it shall keep the Building and the fixtures, appurtenances and equipment therein (except Tenant's property as specified in Section 3.06) insured in the name and for the benefit of Landlord and the mortgagee or mortgagees of the fee simple, if any, as their interest shall appear, against all risks normally insured against in the usual fire and extended coverage policies without Landlord’s prior written in New Jersey. Landlord also agrees that, if obtainable, it will include in its fire insurance policies appropriate clauses pursuant to which the insurance companies (1) waive all right of subrogation against Tenant with respect to losses payable under such policies, and/or (2) agree that such policies shall not be invalidated should the insured waive in writing prior to a loss any or all rights of recovery against any party for losses covered by such policiesconsent. If Landlord at any time is unable to obtain in said policies either of the clauses described in the preceding sentencesuch safe, Landlord shall if possiblemachines, have Tenant named in such policies as one of the assuredsequipment, but should any additional premiums be exacted for such clause freight, bulky matter or clauses or naming, Landlord shall be released from the obligation hereby imposed unless Tenant shall agree to pay such additional premium. If Tenant shall be named as one of the assureds in accordance with the foregoingfixtures require special handling, Tenant agrees to endorse promptly employ only persons holding a proper license to the order do said work, and that all work in connection therewith shall comply with any applicable Federal, State, County or other governing laws, rules or regulations. Notwithstanding said consent of Landlord, without recourse, any check, draft or order for the payment of money representing the proceeds of any such policy or representing any other payment growing out of or connected with said policies, and Tenant does hereby irrevocably waive any and all rights in and to such proceeds and payments. Tenant shall not have the right to participate indemnify Landlord for and hold Landlord harmless and free from damages or injuries sustained by person or property and for any damages or monies paid out by Landlord in the settlement of any claims or judgments, as well as for losses under any policies all expenses and attorney’s fees, incurred in which Tenant is named as an assured, pursuant to the foregoing provisions. (b) Tenant agrees to include, if obtainable, in its fire insurance policy or policies on its furniture, furnishing, fixtures and other property removable by Tenant under the provisions of its lease of space in the Building, appropriate clauses pursuant to which the insurance company or companies (i) waive the right of subrogation against Landlord and/or any tenant of space in the Building with respect to losses payable under such policy or policies and/or (ii) agree that such policy or policies shall not be invalidated should the insured waive in writing prior to a loss any or all right of recovery against any party for losses covered by such policy or policies. If Tenant is unable to obtain in such policy or policies either of the clauses described in the preceding sentence, Tenant shall if possible have Landlord named in such policy or policies as one of the assureds, but should any additional premium be exacted for any such clause or clauses or naming, Tenant shall be released from the obligation hereby imposed unless Landlord or the other tenants shall agree to pay such additional premium. If Landlord shall be named as one of the assureds in accordance with the foregoing, Landlord agrees to endorse promptly to the order of Tenant, without recourse, any check, draft, or order for the payment of money representing the proceeds of any such policy or representing any other payment growing out of or connected with said policies, and Landlord does hereby irrevocably waive any connection therewith and all rights costs incurred in and to such proceeds and payments. Landlord or the other tenants shall not have the right to participate in the settlement of repairing any claims for losses under any policies in which Landlord is named as an assured, pursuant to the foregoing provisions. Landlord agrees to use its best efforts to include the provisions of this Section 7.04 (b) in every lease made for space in the Building. (c) Provided that Landlord's right of full recovery under its policy or policies aforesaid is not adversely affected or prejudiced thereby, Landlord hereby waives any and all right of recovery which it might otherwise have against Tenant, its servants, agents and employees, for loss or damage occurring to the Building and the fixturesor appurtenances. Nothing herein shall be deemed to indemnify Landlord against, appurtenances and equipment thereinor exculpate Landlord from, to the extent the same is covered by Landlord's insurance notwithstanding that such loss or damage may result from the its negligence or fault of Tenant, its servants, agents or employees. Provided that Tenant's right of full recovery under its aforesaid policy or policies is not adversely affected or prejudiced thereby, Tenant hereby waives any and all rights of recovery which it might otherwise have against Landlord, its servants, and employees, and against every other tenant in the Building who shall have executed a similar waiver as set forth in this COMMERCIAL USE ONLY - NO LIVING ALLOWED ---------------------------------------willful misconduct.